QUESTION

What will happen to the state court hearing if other state registers the order and rules to take the jurisdiction?

Asked on Dec 24th, 2013 on Child Custody - Ohio
More details to this question:
An Ohio Juvenile Court has made all orders relating to child for 9 years including 3 rulings on its Continuing Jurisdiction. The current Order, effective as of 2011, includes mom, dad and a relative. The relative and dad have legal shared custody. They also have shared parental rights and responsibilities and the mom has limited parental rights and no unsupervised contact with child. A shared parenting plan is incorporated in the Custody Order. The Order states this Court retains its Jurisdiction to Enforce and Modify any and all provisions of this Order in the best interest of the minor child as provided by law. Now (2yrs later) with new hearings pending including pre- trial for father's 10 straight weeks of violating the parenting time of the order, he made application to a Kentucky CSEA for services. They have filed a complaint to register foreign support order through Kentucky Family Court with request that Kentucky Family Court take Jurisdiction over mom, dad and minor child to enforce and modify Foreign Order. Attached is the Ohio Custody Order. The CSEA complaint makes no mention of the relative who has the shared custody, rights and responsibilities and no notice was sent to her or the Ohio Juvenile Court. Kentucky hearing is December 27 and Ohio's pre trial is in January. What about the rights and custody of the relative not mentioned in the Ky Complaint?
Report Abuse

1 ANSWER

Let's begin with one vital fact: YOU NEED A LAWYER. I would not consider discussing anything other than the bare bones law that applies to this case. You need a lawyer to deal with potential interstate issues and existing custody issues. The fact that a state has sought assistance in enforcing a support order does not mean the state from whom assistance is sought will also take jurisdiction over custody issues. It may but it does not have to. Parties must agree or default on answer to have jurisdiction changed in most cases. But you need a lawyer to review the current order, the violations by the father and to see what exactly is being asked of Kentucky. This response does not create a lawyer client relationship, nor may it be taken as a legal opinion. The answer is general in nature and is only intended for entertainment purposes.
Answered on Dec 27th, 2013 at 12:20 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters