Child Custody Jurisdiction Rules

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Summary

In Ohio, the original state generally retains jurisdiction over child custody unless neither the child nor any parent resides there, or significant connections and evidence are lacking. Jurisdiction is not immediately released; the court must be informed and will decide, often at an evidentiary hearing. If jurisdiction changes, motions to modify must be re-filed in the new jurisdiction. An evidentiary hearing is not a full trial but a crucial part of the process. Courts notify each other through formal paperwork, and you should receive copies. Some files may be sent electronically, depending on court procedures. Its advisable to wait for Ohios decision before informing the other court. Consulting a local attorney is recommended for specific guidance.

Full Conversation

Kelly
Hello Kelly, nice to meet you. How can I assist you with your legal issue today?
Can a state keep jurisdiction of a child when neither parent lives in that state?
Hello Kelly,
To provide accurate information, I need to know your current location or the state you're referring to as child custody laws can vary.
Ohio
Hello Kelly,
In Ohio, the jurisdiction generally continues in the state where the original order was made, unless:
- Neither the child, nor any parent, nor any person acting as a parent, continues to reside in Ohio.
- Ohio determines that the child and the parents do not have a significant connection with Ohio and that substantial evidence is no longer available in Ohio concerning the child's care, protection, training, and personal relationships.
Please consult with a local attorney for more specific advice.
So if either of the above apply does Ohio immediately release jurisdiction
Hello Kelly,
In Ohio, jurisdiction doesn't get immediately released. The court typically needs to be informed about the changes. It's a process where the court may decide to relinquish jurisdiction if it finds it's no longer the child's "home state". It's advisable to consult a local attorney for guidance.
If they are informed first and then a motion is later filed to modify visitation prior to relinquishing jurisdiction . Will they still consider to relinquish jurisdiction since that was filed prior to the motion to modify?
Hello Kelly,
In Ohio, the court generally can still consider relinquishing jurisdiction even if a motion to modify visitation was filed prior. However, the final decision rests with the court. It's best to seek advice from a local attorney for accurate guidance.
Will the court make the decision at the preliminary hearing that is set
Hello Kelly,
In Ohio, the preliminary hearing typically serves to identify and clarify the issues. A decision on jurisdiction may not necessarily be made at this stage. It's highly recommended to consult a local attorney for specifics.
What stage is the decision on jurisdiction made?
Hello Kelly,
In Ohio, the decision on jurisdiction is typically made at the evidentiary hearing. However, this can vary depending on the specifics of the case. A local attorney can provide more precise guidance.
What happens to the motion to modify if the jurisdiction change is granted at evidentiary hearing?
Hello Kelly,
In Ohio, if the jurisdiction change is granted at the evidentiary hearing, the motion to modify typically needs to be re-filed in the new jurisdiction. However, specifics can vary. Consulting a local attorney is recommended.
Got it! Ok and lastly is an evidentiary hearing a trial?
Hello Kelly,
An evidentiary hearing is not a full trial but a part of the trial process. It's a court hearing where evidence is presented to help the judge decide on certain issues. It's less formal than a trial but still important. Always consult a local attorney for specifics.
Once a court decides to relinquish jurisdiction, how is the other court notified?
Hello Kelly,
When a court in Ohio decides to relinquish jurisdiction, it communicates the decision to the other court, usually through formal legal paperwork. This process is generally handled by the attorneys involved in the case. It's important for you to consult a local attorney for specifics.
What if no attorneys are involved
Hello Kelly,
Even without attorneys, the court in Ohio will still notify the other court about its decision to relinquish jurisdiction. This usually involves sending formal legal documentation. However, navigating this process without legal representation can be challenging. You may want to consider seeking legal assistance.
Will i receive a notice that the other court has been notified with this formal letter?
Hello Kelly,
In Ohio, typically, you should receive a copy of any formal letters or documents filed with the court, including notification to another court. However, it's always best to confirm this with your local court clerk or a legal professional.
All of the files on the case from Ohio are sent electronically to the other court?
Hello Kelly,
In Ohio, while some case files can be sent electronically, it often depends on the court's specific procedures and the receiving court's capabilities. It's best to check the specific process with your local court or a legal professional.
Do I need to inform the other court that I filed for Ohio to release jurisdiction through Ohio courts or do I wait until Ohio makes a decision on relinquishing jurisdiction?
Hello Kelly,
In Ohio, it's generally recommended to wait until the court makes a decision about relinquishing jurisdiction before informing the other court. However, each case can vary, so consulting with a local attorney is advisable.