Results 1 to 10 of 11

Hybrid View

  1. #1
    Join Date
    Nov 2012
    Posts
    1

    Default Can I Request a Change of Venue for a Child Support Case

    My question involves child support in the State of: Michigan.

    My daughter was born in the state of New Jersey where i currently live. Her mother also lived in New Jersey with me, but is originally from Michigan. A year after my daughter was born, her mother decided she wanted to visit her mother in Michigan and take my daughter along.
    I was ok with it since my daughter's mother had no family in New Jersey. She was to stay for 2 months, with the two of us making arrangements for me to see my daughter.
    After a month my daughter's mother told me she was not coming back and our daughter is staying with her. Two months later she filed for child support in the state of Michigan. Can I force the case back to New Jersey? I'm far from a rich man and can't afford to fly to Michigan to mount a proper defense.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Can I Request a Change of Venue for a Child Support Case

    has anything been heard in Michigan yet?

    have you actually been named the legal father either through an affidavit signed by you and the mother or through the courts via a paternity action?


    and you are looking to deny the case in Michigan due to jurisdictional issues. They will not entertain a change of venue to a court out of state because the out of state court will not enforce the Michigan laws.

    venue is simply where the case is heard. Jurisdiction is whose laws are applicable



    but, for some reason I cannot find the residency requirements that would allow Michigan to claim jurisdiction in this issue. Hopefully one of the others around here can. I suspect the child has lived in Michigan long enough to allow Michigan to claim jurisdiction but not found the information necessary to confirm that.

  3. #3
    Join Date
    Feb 2011
    Posts
    576

    Default Re: Can I Request a Change of Venue for a Child Support Case

    You really have TWO separate issues if you were not married to mom.

    The first is CUSTODY, and the second CHILD SUPPORT.

    Until mom and child establish residency in MI, NJ is the only one with jurisdiction over both custody and child support matters.

    If you wish to handle your case in NJ, you MUST file for your custodial rights as a father in a New Jersey court BEFORE your child is legally a resident of Michigan.
    Otherwise, only Michigan will have jurisidiction to handle all matters regarding your child.

    Since mom is the custodial parent, you WILL be ordered to pay child support. So there is really nothing for you to defend regarding child support, except to ensure the child support division is using the right income figures to determine how much you will pay.

    Since it appears mom is not likely returning to NJ, and unless she is already a resident of MI, the best you can do is file as quickly as possible in a NJ court to establish your rights of custody, visitation, and child support. Because until you do, you really have no rights to speak of, and your visitations will be at mom's sole discretion to allow or deny.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Can I Request a Change of Venue for a Child Support Case

    [QUOTE]
    Until mom and child establish residency in MI, NJ is the only one with jurisdiction over both custody and child support matters.
    Mom and child have already established residency for some purposes. I cannot find a time requirement for child support or visitation issues though.

  5. #5
    Join Date
    Feb 2011
    Posts
    576

    Default Re: Can I Request a Change of Venue for a Child Support Case

    [QUOTE=jk;670848]
    ...Mom and child have already established residency for some purposes. I cannot find a time requirement for child support or visitation issues though.
    Until mom and child have resided in Michigan for at least six months, New Jersey remains the Home State and ONLY state that can and will have jurisdiction over any initial custody (visitation) determinations, which is a jurisdictional requirement mandated by UCCJEA.

    Initial child support jurisdiction under UIFSA is not as clear cut, and states may invoke initial child support jurisdiction in many ways. An obligor may inadvertently submit to jurisdiction. But once the first state has gained child support jurisdiction, the rules are clear on how that can be changed or modified.

  6. #6
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Can I Request a Change of Venue for a Child Support Case

    [QUOTE]tex11;670876]
    Quote Quoting jk
    View Post
    Until mom and child have resided in Michigan for at least six months, New Jersey remains the Home State and ONLY state that can and will have jurisdiction over any initial custody (visitation) determinations, which is a jurisdictional requirement mandated by UCCJEA.
    Not sure the dept of justice agrees with you:

    https://www.ncjrs.gov/pdffiles1/ojjdp/189181.pdf


    The UCCJA based jurisdiction on a child’s
    close affiliation with a State. Specifically, it
    established four jurisdictional grounds:


    ◆ Home State (reserved for the State in
    which the child has lived for at least 6
    months preceding commencement of
    the action).



    ◆ Significant connection (exists when a
    State has substantial evidence about a
    child as a result of the child’s significant connections to that State).


    ◆ Emergency (governs situations such as
    abandonment or abuse that require
    immediate protective action).


    ◆ Vacuum (applies when no other jurisdictional basis exists).



    Except in emergency cases, the UCCJA
    eliminated a child’s physical presence in a
    State as grounds for exercising jurisdiction. As a result, a court could no longer
    base jurisdiction solely on a child’s presence in the State, nor would a child’s
    absence from the State necessarily deprive the court of jurisdiction. Under the
    UCCJA’s extended home State rule, a leftbehind parent could petition for custody
    in the child’s home State even after an
    abduction. The UCCJA also required
    States to enforce and not modify valid
    custody and visitation orders made by
    sister States.

    Initial child support jurisdiction under UIFSA is not as clear cut, and states may invoke initial child support jurisdiction in many ways. An obligor may inadvertently submit to jurisdiction. But once the first state has gained child support jurisdiction, the rules are clear on how that can be changed or modified.
    additionally, we don't know if OP has been established as the legal father yet and that will make a difference.

    I don't disagree that if OP wants NJ to have jurisdiction he dispute the Michigan jurisdiction and file an action in NJ in an attempt to cause NJ to claim jurisdiction but there is no guarantee he would win, especially given the lack of information here.

    1. Sponsored Links
       

Similar Threads

  1. Motions: Should You Request a Change of Venue Before Requesting a Trial
    By ackpacket in forum Moving Violations, Parking and Traffic Tickets
    Replies: 10
    Last Post: 09-20-2012, 05:04 PM
  2. Changing a Child's Name: Name Change Request - I Pay Support But Don't See Child
    By jwm in forum Name Change
    Replies: 2
    Last Post: 07-06-2011, 06:57 AM
  3. Hearings and Trials: How To Change Venue And Request A Stenographer For Traffic Court
    By blau in forum Moving Violations, Parking and Traffic Tickets
    Replies: 2
    Last Post: 03-27-2008, 12:21 PM
  4. Trials: Who can request Change of Venue
    By icfluke in forum Criminal Procedure
    Replies: 8
    Last Post: 03-13-2007, 12:42 PM
  5. Request to Change Venue
    By ca-man in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 02-05-2007, 07:47 PM
 
 
Sponsored Links

Legal Help, Information and Resources