QUESTION
Do I have to have a kansas lawyer or can i have an oklahoma lawer?
Asked on Sep 07th, 2012 on Family Law - Oklahoma
More details to this question:
I live in oklahoma and have for the last 2 years and i need my custody case to be relocated to oklahoma if possible. The original case was in kansas only as it is where our divorce took place but my son and i were oklahoma residents. is this possible and what direction do i need to go in order to go after custody?
1 ANSWER
Jurisdiction is based on the child's residence. I assume the case was in Kansas because your son had not been a resident of Oklahoma for a full six months when the divorce was filed. If you want to "go after custody," I am guessing he is now in Kansas with his father. Once Kansas had jurisdiction, it never loses jurisdiction until no one lives there any more. Once the child has lived so long in another jurisdiction that the majority of the evidence concerning his best interests is in the new state, you may succeed in asking the original state to relinquish jurisdiction as an inconvenient forum. But, in your described scenario it seems jurisdiction is still in KS.
Answered on Sep 08th, 2012 at 3:35 PM