InterState Jurisdiction, Move-Away Cases and Moving the Case to Another Jurisdiction Entirely


InterState Jurisdiction, Move-Away Cases and Moving the Case to Another Jurisdiction Entirely

InterState Jurisdiction cases are very complex.  So complex that not too many lawyers know the answer on how to change jurisdiction from State A to State B in child custody matters.  This post ties into move-away cases.  A move away case as described in another post on this site is very common and entails arguing La Musga factors to the court.  Once the party is allowed to move to another state with their children they usually want to transfer that case to State B, or open a case with State B.  Reasonably, they believe that now that they have moved to State B with the children that they could simply open up a case.  This is not true and the potential client will reach a dead end.  As long as the case is still open in State A, State B does not have the jurisdiction (i.e. does not have the power over your case) because State A still holds jurisdiction.

So, the question is to how to close the child custody case with State A and open it up with State B.  The answer is this.  You should hire an experienced attorney that can prepare the proper arguments and paperwork to argue that State B is now the convenient forum.  But, you should know that a convenient forum does not mean that just because you live there with the child that forum is now convenient.  You must show sufficient contacts with State B, such as all of the children’s doctor’s appointments, school, permanent residence etc.   The key is that State A must close first for State B to open.

Child Custody, Move Away and Interstate Cases are complex and require time, effort and dedication.  The Atighechi Law Group prides itself on how it has handles all custody cases thus far; giving those cases undivided attention to reach results.

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