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  1. #1
    Join Date
    Aug 2005
    Location
    ny
    Posts
    8

    Default interstate jurisdiction

    My 14 year old son moved to pennsylvania with his mother in january 05. His mother has full custody. The courts recognized the move in april 05. I recently moved to florida in july 05. We both moved from ny. Where does jurisdiction lie regarding custody, child support, visitation and emancipation. Neither side has established anything in either state yet.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Child Custody - Continuing Exclusive Jurisdiction

    Until the case is moved to a different state's court systems, the state which issued the last custody order has continuing exclusive jurisdiction over the custody issues.

  3. #3
    Join Date
    Aug 2005
    Location
    ny
    Posts
    8

    Default interstate jurisdiction

    What if the child wants to live with his father?
    The mother has always had custody.
    Can the father file papers in Florida even though the
    mother has the child with her in pennsylvania? The mother
    has not filed anything in pennsylvania courts yet.

    Also after the child has been with the mother in pennsylvania
    for 6 months can child support be stopped through the state
    of ny; or how does jurisdiction change regarding child support?

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: interstate jurisdiction

    Quote Quoting binny
    What if the child wants to live with his father?
    In most states, if the child is old enough to state a preference and the parents agree to allow the child to state a preference, the judge will listen to the child's preference and take it into consideration when making a decision.

    Quote Quoting binny
    Can the father file papers in Florida even though the
    mother has the child with her in pennsylvania?
    Florida has no jurisdiction over the child. The litigation would occur in Pennsylvania or New York.

    Quote Quoting binny
    Also after the child has been with the mother in pennsylvania for 6 months can child support be stopped through the state of ny; or how does jurisdiction change regarding child support?
    New York has continuing exclusive jurisdiction until somebody petitions to change jurisdiction to another state, and that petition is granted.

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