QUESTION
Which state should I seek custody in and why?
Asked on Jun 04th, 2015 on Child Custody - Nebraska
More details to this question:
My children live with their mother in one state. I have lived in another for the last 4 years, after we divorced. My children come and visit me in the fall for 4 weeks before their year round school year begins again. The children are horrified of their step-father and do not want to go back their mother. I would much rather have the children and know they would be safer with me. How can I be given custody and where would I have to pursue this?
5 ANSWERS
Personal Injury Law Attorney serving San Diego, CA
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Law Office of Robert Burns
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Mom's State is the apparent home State of the children. I am not licensed to practice law by that State. THE END.
Answered on Jun 04th, 2015 at 7:02 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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First things first: consult an experienced family law attorney. Generally the proper forum is the state where the children have lived for the past six monthsalthough there are exception and details which you lawyer can go into.
Answered on Jun 04th, 2015 at 5:24 PM
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Most states have adopted the Uniform Child Custody Jurisdiction and Enforcement Act. Because of that, the state that entered your Divorce Decree would have continuing jurisdiction unless the children have lived in another state for more than 6 months and none of the parents still reside in the state that issued the initial custody determination. If you are looking to take the kids out of the state of Nebraska, there would be additional hurdles required to prove the Farnsworth factors per case law on removal of children as part of a modification. You really need to visit with an attorney confidentially about your specific facts to determine your best course of action.
Answered on Jun 04th, 2015 at 4:59 PM
Divorce & Separation Attorney serving Menasha, WI
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Petit & Dommershausen, S.C.
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If one of the parties still lives in the state of the divorce that is the state it must be done in.
Answered on Jun 04th, 2015 at 12:52 PM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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There are exceptions but generally you would need to file where the children reside.
Answered on Jun 04th, 2015 at 12:47 PM