Changing State for Jurisdiction Over a Child Custody Case

[FLL80]

My question involves a child custody case from the State of: North Dakota and Washington

I moved from Washington to North Dakota. All paperwork reguarding my children has been filed in Washington. My childrens' father, who lives in Washington, does not have any visitation rights and hasn't seen or talked to our children for over five years now. Is there any way to make it so that North Dakota has jurisdiction over my children, instead of Washington?

[llworking]

My question involves a child custody case from the State of: North Dakota and Washington

I moved from Washington to North Dakota. All paperwork reguarding my children has been filed in Washington. My childrens' father, who lives in Washington, does not have any visitation rights and hasn't seen or talked to our children for over five years now. Is there any way to make it so that North Dakota has jurisdiction over my children, instead of Washington?

Its there any particular reason why you feel that is necessary? Is there some sort of legal action that you foresee occuring?

[FLL80]

My husband wants to adopt my kids eventually, and if my kids' bio father ever decides to go back to court for the kids (which I doubt he will, but just in case), I don't want to have to travel all the way back to WA.

[tex11]

You cannot request to transfer jurisdiction without having an underlying suit to support it. Until either you or the father files suit, and questions of jurisdiction are raised and addressed, and ND voluntarily reqlinquishes jurisdiction, ND will continue to maintain jurisdiction.

[FLL80]

North Dakota doesn't have jurisdiction, Washington does... We moved to North Dakota a couple of months ago, that is why I was wondering if ND will ever have jurisdiction, or will it always stay in Washington?

[NdK1009]

I'd say give yourself at least six months of living in ND, then you can file for the adoption in ND (please do this with the assistance of an attorney to ensure that it is done correctly). It should fall under the UCCJEA at that point. Your ex may still protest the jurisdicition, but I doubt he will be successful.

[PQN]

In order to have the case moved to ND, Washington would have to agree to release jurisdiction which will require having dad served. In order for dad's rights to be terminated, he will have to be served. You absolutely need an attorney but, if dad doesn't object or if he doesn't respond, it is quite possible that you will be able to have the case moved to ND.

[FLL80]

I was already planning on hiring an attorney. I was just curious as to where everything would need to be done at. Thank you so much for your help

[Mr. Knowitall]

Once the children have been domiciled in North Dakota for six months or longer, provided there is no pending activity on the case in the Washington State court, you may file a UCCJEA petition to have the custody case transferred to North Dakota.