how does state jurisdiction work?

[amygirl23]

I live in Utah but am moving to Idaho with my son. My ex won Utah Jurisdiction in our decree. How does it work with each state? Am I screwed if it comes to legal action and have to hire an Idaho attorney? Is it going to cost me a whole lot of money for an out of state attorney, or does the courts do what ever they want anyway? Wouldn't my son be considered a resident after six months anyway so the jurisdiction be awarded to Idaho?

Ames

 

[irish223]

I live in Utah but am moving to Idaho with my son. My ex won Utah Jurisdiction in our decree. How does it work with each state? Am I screwed if it comes to legal action and have to hire an Idaho attorney? Is it going to cost me a whole lot of money for an out of state attorney, or does the courts do what ever they want anyway? Wouldn't my son be considered a resident after six months anyway so the jurisdiction be awarded to Idaho?

Ames

Were you divorced in Utah? Is there a custody order from a Utah court? If so, and your ex remains in Utah, then Utah will most likely retain jurisdiction. Do you have permission to move the child out of Utah? Idaho would only have jurisdiction after 6 months if there is no order or case pending in Utah.

 

[Duranie]

Jurisdiction remains in the state where the divorce took place. Jurisdiction rules were put in place to avoid moving all over the place. Is there actually a custody order out of Utah? If there is you just cannot assume you can move the child out of state. Realize that if there is an order out of Utah, you are going to have problems. If your ex files for custody in Utah or for you to return the child, you will have to go to court in Utah and you risk losing custody all together.

 

[amygirl23]

My divorce was in Utah with a court order, but we went back to mediation and did a stipulation so that I can move to Idaho, however he wanted Utah jurisdiction. The mediator told me it didn't matter because the courts will handle it. Whatever that means? He got joint custody also in mediation and agreed to travel to Idaho 1/2 the time.

 

[Duranie]

Then jurisdiction remains in Utah. You cannot have it transferred to Idaho if he still lives in Utah. This is one of the downsides of moving. You will be inconvenienced if court actions are filed in Utah. Be sure you are doing everything legally othereise you'll find yourself in court alot in Utah.