Results 1 to 6 of 6
  1. #1
    Join Date
    Aug 2006
    Posts
    5

    Question Which Court has jurisdiction?

    Ok I will try to make this simple:
    Ex is behind in support over one year, he lives in FL
    I and new hubby live in GA (but not same county where initial divorce was filed)
    Children from ex live w/ me.
    I want to file for termination of rights, but am being told that ONLY if my current hubby seeks adoption can we file in the county we reside in now, where the kids live. Otherwise it goes back to the county where the divorce was finalized? Why?
    I thought anything to do with the children's custody/visitation always was filed in the county that the CHILDREN reside in?
    Can you clairfy this for me???

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,844

    Default Re: Which Court has jurisdiction?

    The court which issued the original custody order still has jurisdiction over that and related issues. Step-parent adoption would be an original action. Consult a local lawyer, as there probably is a way you can transfer the case upon proper motion.

  3. #3
    Join Date
    Aug 2006
    Posts
    5

    Question Re: Which Court has jurisdiction?

    Thank you for your reply. I do have a local attorney but I never could understand why if I was terminating it goes to the same court as the divorce but if I add the adoption to it then it can be moved to the county that we (and the children) currently reside in. I thought all MODIFICATIONS of the original order went either to the defendant's county or the children's county (if applicable) and that contempt actions go back to the originating county? Have I gotten this mixed up?

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,844

    Default Re: Which Court has jurisdiction?

    The court which issued the original custody order still has jurisdiction over that and related issues. Step-parent adoption would be an original action.

  5. #5
    Join Date
    Aug 2006
    Posts
    5

    Exclamation Re: Which Court has jurisdiction?

    One more question, can I file to have the venue moved to the county where we live now to file the termination of rights? We have lived in this county for almost 7 years now.

  6. #6
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,844

    Default Re: Which Court has jurisdiction?

    Consult a local lawyer, as there probably is a way you can transfer the case upon proper motion.

    1. Sponsored Links
       

Similar Threads

  1. Court Jurisdiction for a Boundary Dispute
    By tricketts in forum Real Estate Ownership and Title
    Replies: 3
    Last Post: 05-19-2011, 01:53 PM
  2. Bankruptcy Issues: Court's Jurisdiction and Recusal
    By topguncreditadvisor in forum Bankruptcy Law
    Replies: 4
    Last Post: 08-30-2009, 05:12 PM
  3. Which State's Court Has Jurisdiction
    By new75 in forum Child Custody, Support and Visitation
    Replies: 2
    Last Post: 07-10-2009, 04:04 PM
  4. Juvenile Court Jurisdiction After Age 18
    By DIDNT KNOW in forum Juvenile Law
    Replies: 2
    Last Post: 10-12-2008, 09:58 PM
  5. Probation and Parole: Does Court Still Have Jurisdiction After Expiration of Probation?
    By salliegoodie in forum Probation, Parole and Incarceration
    Replies: 3
    Last Post: 09-27-2008, 08:05 PM
 
 
Sponsored Links

Legal Help, Information and Resources