TRY ME!
Jurisdiction In Family Law
Ask Your Question For FreeSummary
Jurisdiction matters are complex and depend on multiple factors including the childs home state, significant connections, and more. You might be right in your strategy, but its not guaranteed. It would be best to consult with a family law attorney who understands the nuances of these jurisdictional issues. Your strategy could potentially delay the proceedings and may not guarantee Ohios release of jurisdiction. It might also complicate matters if the other parent contests it. Its best to consult a family law attorney for a tailored strategy. Ohio might postpone their decision until after the Mecklenburg hearing is complete. The court will likely want to avoid conflicts of jurisdiction. Its still best to consult a family law attorney for personalized advice.Full Conversation
There are two hearings in two different states for same parties (family law). One is the court that holds jurisdiction (Cuyahoga County in Ohio) and the other is the court that both parents and child reside (Mecklenburg County in North Carolina). The hearing in Mecklenburg county is first and involves the other parent requesting a hearing to contest validity of a foreign order. The other hearing is a preliminary hearing in Ohio where I requested jurisdiction change and the other parent requested modification of parental rights. Cause I am requesting Ohio release jurisdiction to Mecklenburg, would it be smarter to have the Mecklenburg hearing push out past the preliminary so that the Ohio judge will be more willing to release jurisdiction pending there is already a case in Mecklenburg?
Hello ****,
- Jurisdiction matters are complex and depend on multiple factors including the child's home state, significant connections, and more.
- You might be right in your strategy, but it's not guaranteed.
- It would be best to consult with a family law attorney who understands the nuances of these jurisdictional issues.
- Jurisdiction matters are complex and depend on multiple factors including the child's home state, significant connections, and more.
- You might be right in your strategy, but it's not guaranteed.
- It would be best to consult with a family law attorney who understands the nuances of these jurisdictional issues.
Could my strategy hurt
Hello ****,
- Your strategy could potentially delay the proceedings and may not guarantee Ohio's release of jurisdiction.
- It might also complicate matters if the other parent contests it.
- It's best to consult a family law attorney for a tailored strategy.
- Your strategy could potentially delay the proceedings and may not guarantee Ohio's release of jurisdiction.
- It might also complicate matters if the other parent contests it.
- It's best to consult a family law attorney for a tailored strategy.
So Ohio might inturn postponed giving an answer until after Mecklenburg hearing is complete?
Hello ****,
- Yes, Ohio might postpone their decision until after the Mecklenburg hearing is complete.
- The court will likely want to avoid conflicts of jurisdiction.
- It's still best to consult a family law attorney for personalized advice.
- Yes, Ohio might postpone their decision until after the Mecklenburg hearing is complete.
- The court will likely want to avoid conflicts of jurisdiction.
- It's still best to consult a family law attorney for personalized advice.
So wouldn’t this be the same for Mecklenburg? Would Mecklenburg postpone their decision until after the Ohio hearing?
Hello ****,
- Yes, Mecklenburg could postpone their decision until after the Ohio hearing to avoid jurisdictional conflicts.
- However, each court operates independently and decisions can vary.
- Consulting a family law attorney is advised for personalized guidance.
- Yes, Mecklenburg could postpone their decision until after the Ohio hearing to avoid jurisdictional conflicts.
- However, each court operates independently and decisions can vary.
- Consulting a family law attorney is advised for personalized guidance.
Would they dismiss it altogether or just postpone
Hello ****,
- Courts typically postpone decisions rather than dismiss them in jurisdictional conflicts.
- However, each case is unique and outcomes can vary.
- Please consult with a family law attorney for personalized advice.
- Courts typically postpone decisions rather than dismiss them in jurisdictional conflicts.
- However, each case is unique and outcomes can vary.
- Please consult with a family law attorney for personalized advice.
So if Ohio sees that Mecklenburg postponed would they be willing to just release jurisdiction to Mecklenburg?
Hello ****,
- It's possible that if Ohio sees Mecklenburg has postponed, they may consider releasing jurisdiction.
- However, this depends on various factors like the child's home state and significant connections.
- It's advised to consult with a family law attorney for personalized advice.
- It's possible that if Ohio sees Mecklenburg has postponed, they may consider releasing jurisdiction.
- However, this depends on various factors like the child's home state and significant connections.
- It's advised to consult with a family law attorney for personalized advice.
The child’s home state is Mecklenburg and now this is the fathers home state as well
Hello ****,
- With both the child and father's home state being Mecklenburg, it could strengthen the argument for transferring jurisdiction.
- However, each case is unique and the decision ultimately lies with the court.
- A consultation with a family law attorney is recommended.
- With both the child and father's home state being Mecklenburg, it could strengthen the argument for transferring jurisdiction.
- However, each case is unique and the decision ultimately lies with the court.
- A consultation with a family law attorney is recommended.
So could I request the Mecklenburg court to postpone a decision at time of hearing?
Hello ****,
- Yes, you can request a continuance or postponement at the time of hearing.
- It's at the discretion of the court to grant it.
- Consult with a family law attorney to guide you through this process.
- Yes, you can request a continuance or postponement at the time of hearing.
- It's at the discretion of the court to grant it.
- Consult with a family law attorney to guide you through this process.
Can I say that I am requesting this due to the pending case in Ohio?
Hello ****,
- Yes, you can mention that your request for postponement is due to the pending case in Ohio.
- The court will consider this information while making its decision.
- Consulting a family law attorney is advised for personalized guidance.
- Yes, you can mention that your request for postponement is due to the pending case in Ohio.
- The court will consider this information while making its decision.
- Consulting a family law attorney is advised for personalized guidance.
Will they dismiss my case because of the Ohio case?
Hello ****,
- Dismissal is typically not the first option in jurisdictional conflicts.
- They may postpone the decision or wait for Ohio's decision.
- It's best to consult a family law attorney for personalized advice.
- Dismissal is typically not the first option in jurisdictional conflicts.
- They may postpone the decision or wait for Ohio's decision.
- It's best to consult a family law attorney for personalized advice.
OK so best to wait to ask this while in court opposed to filing a motion? Just to prevent complicating matters and to prevent the other party from contesting?
Hello ****,
- You can choose to request a postponement either by motion before the hearing or at the hearing itself.
- Both options have pros and cons.
- Discussing this with your family law attorney will provide the best strategy for your situation.
- You can choose to request a postponement either by motion before the hearing or at the hearing itself.
- Both options have pros and cons.
- Discussing this with your family law attorney will provide the best strategy for your situation.
Can you explain pros and cons?
Sure ****,
- Moving Before Hearing:
Pro: Allows more time for the court to consider.
Con: Gives other party time to oppose.
- Moving At Hearing:
Pro: Could catch other party off-guard.
Con: Judge might not have enough time to consider.
Again, consult your attorney for the best approach.
- Moving Before Hearing:
Pro: Allows more time for the court to consider.
Con: Gives other party time to oppose.
- Moving At Hearing:
Pro: Could catch other party off-guard.
Con: Judge might not have enough time to consider.
Again, consult your attorney for the best approach.
Is catching the other party off guard bad in this matter since I am only asking to postpone until Ohio makes a decision?
Hello ****,
- Catching the other party off guard is not necessarily bad. It can be a strategic move.
- However, it may lead to a rushed decision or even a contested one.
- Consulting with your attorney on this matter is recommended.
- Catching the other party off guard is not necessarily bad. It can be a strategic move.
- However, it may lead to a rushed decision or even a contested one.
- Consulting with your attorney on this matter is recommended.
What’s a contested one?
Hello ****,
- A contested hearing means that the parties involved disagree on one or more issues.
- This often leads to a longer and more complex process.
- It's advisable to discuss this with your attorney for tailored advice.
- A contested hearing means that the parties involved disagree on one or more issues.
- This often leads to a longer and more complex process.
- It's advisable to discuss this with your attorney for tailored advice.
A rushed decision can be to either not postpone or it could mean to consider at that time?
Hello ****,
- A rushed decision could mean the court decides immediately, either to postpone or not.
- The decision may also be made without thorough consideration of all factors.
- Consult your attorney for advice tailored to your situation.
- A rushed decision could mean the court decides immediately, either to postpone or not.
- The decision may also be made without thorough consideration of all factors.
- Consult your attorney for advice tailored to your situation.
The hearing is to contest validity of a foreign custody order. But the father is now requesting to modify said order…I think that would be enough reason to postpone maybe?
Hello ****,
- The request to modify the order could potentially be a reason for the court to postpone.
- However, the court will consider various factors before making a decision.
- Discuss this possibility with your attorney for a better understanding.
- The request to modify the order could potentially be a reason for the court to postpone.
- However, the court will consider various factors before making a decision.
- Discuss this possibility with your attorney for a better understanding.
So if I file in advance most likely either it will be granted or denied but either way the court won’t necessarily dismiss due to the other pending case in Ohio?
Hello ****,
- Yes, if you file in advance, the court will likely either grant or deny your request, but it's unlikely they'd dismiss the case because of the Ohio case.
- However, this can depend on the specifics of your case, so it's best to consult your attorney.
- Yes, if you file in advance, the court will likely either grant or deny your request, but it's unlikely they'd dismiss the case because of the Ohio case.
- However, this can depend on the specifics of your case, so it's best to consult your attorney.
And just to be clear Ohio can decide to relinquish if they see a pending case in Mecklenburg county where both parents and child reside?
Hello ****,
- Yes, Ohio may decide to relinquish jurisdiction if they see a pending case in Mecklenburg where both parents and child reside.
- Factors like the child's home state and significant connections are considered.
- Consult your attorney for case-specific advice.
- Yes, Ohio may decide to relinquish jurisdiction if they see a pending case in Mecklenburg where both parents and child reside.
- Factors like the child's home state and significant connections are considered.
- Consult your attorney for case-specific advice.
Could Mecklenburg decide to register the foreign court order if they find it is valid although there is a pending case in Ohio to modify it?
Hello ****,
- Yes, Mecklenburg could potentially register the foreign court order if they find it valid.
- But, the pending case in Ohio may influence their decision.
- These matters are intricate, and it's best to consult with a family law attorney.
- Yes, Mecklenburg could potentially register the foreign court order if they find it valid.
- But, the pending case in Ohio may influence their decision.
- These matters are intricate, and it's best to consult with a family law attorney.
How could it influence their decision
Hello ****,
- If Mecklenburg decides to register the foreign order, it could complicate the Ohio case if modifications are pending.
- The courts want to avoid conflicting orders.
- Discuss with your family law attorney for personalized guidance.
- If Mecklenburg decides to register the foreign order, it could complicate the Ohio case if modifications are pending.
- The courts want to avoid conflicting orders.
- Discuss with your family law attorney for personalized guidance.
Wouldn’t it just mean that if modification happens the foreign order would no longer be valid until the new final order is entered?
Hello ****,
- Yes, if the Ohio court modifies the order, the previous order may become invalid.
- However, this depends on the specifics of the modification and the timing.
- Consult your attorney for a detailed understanding.
- Yes, if the Ohio court modifies the order, the previous order may become invalid.
- However, this depends on the specifics of the modification and the timing.
- Consult your attorney for a detailed understanding.
So there’s no way to get the current order registered even though the other parent has motioned to modify?
Hello ****,
- A foreign order can typically be registered in a new jurisdiction, even if a motion to modify is pending.
- However, the modification could affect the enforceability of the registered order.
- It's best to discuss this with your family law attorney for specifics to your case.
- A foreign order can typically be registered in a new jurisdiction, even if a motion to modify is pending.
- However, the modification could affect the enforceability of the registered order.
- It's best to discuss this with your family law attorney for specifics to your case.
So they would want the modification finalized prior to making a decision?
Hello ****,
- Generally, courts prefer to have modifications finalized before making decisions on registration.
- But, each case is unique and can vary based on the specific circumstances.
- It's strongly recommended to seek advice from your family law attorney.
- Generally, courts prefer to have modifications finalized before making decisions on registration.
- But, each case is unique and can vary based on the specific circumstances.
- It's strongly recommended to seek advice from your family law attorney.
If the foreign order is registered I cannot petition the Mecklenburg court for termination of parental rights because there is a pending case in Ohio?
Hello ****,
- Registering a foreign order doesn't automatically prevent you from petitioning in Mecklenburg for termination of parental rights.
- However, the pending case in Ohio could potentially influence this.
- Consulting with a family law attorney is advised for your unique circumstances.
- Registering a foreign order doesn't automatically prevent you from petitioning in Mecklenburg for termination of parental rights.
- However, the pending case in Ohio could potentially influence this.
- Consulting with a family law attorney is advised for your unique circumstances.
So even if the foreign order is not registered I could have still petition the Mecklenburg court to terminate parental rights? Even though it’s a foreign order and they don’t hold jurisdiction at time of petition?
Hello ****,
- Yes, you could potentially petition for termination of parental rights in Mecklenburg, even if the foreign order is not registered.
- However, the court's ability to act could be influenced by jurisdictional issues.
- Consulting a family law attorney is advised for your specific situation.
- Yes, you could potentially petition for termination of parental rights in Mecklenburg, even if the foreign order is not registered.
- However, the court's ability to act could be influenced by jurisdictional issues.
- Consulting a family law attorney is advised for your specific situation.
So it’s best to wait for the decision of relinquishing jurisdiction
Hello ****,
- Yes, it might be best to wait for the decision on jurisdiction before making any major decisions.
- These are complex matters and waiting could provide more clarity.
- Please consult your family law attorney for personalized advice.
- Yes, it might be best to wait for the decision on jurisdiction before making any major decisions.
- These are complex matters and waiting could provide more clarity.
- Please consult your family law attorney for personalized advice.
Would Ohio decide to keep jurisdiction even though the mother father or child reside there?
Hello ****,
- Ohio might decide to keep jurisdiction based on factors like significant connections with the child.
- However, if both parents and child now reside in Mecklenburg, it may favor relinquishing jurisdiction.
- Consulting with your attorney is recommended for advice tailored to your case.
- Ohio might decide to keep jurisdiction based on factors like significant connections with the child.
- However, if both parents and child now reside in Mecklenburg, it may favor relinquishing jurisdiction.
- Consulting with your attorney is recommended for advice tailored to your case.
What are significant connections?
'Significant connections' typically refer to factors that show the child has a substantial relationship with the state, such as:
- Length of time the child lived there.
- Location of the child's school, doctors, and social ties.
- The state's familiarity with the child's circumstances.
Consult with a family law attorney for a detailed understanding pertaining to your case.
- Length of time the child lived there.
- Location of the child's school, doctors, and social ties.
- The state's familiarity with the child's circumstances.
Consult with a family law attorney for a detailed understanding pertaining to your case.
The child had been in Mecklenburg since 6 months old and is now * the father just moved to Mecklenburg in March *
Hello ****,
- Given the duration of the child's residence and the father's recent move, Mecklenburg has strong significant connections.
- This could potentially favor the transfer of jurisdiction from Ohio.
- It's recommended to discuss this with your family law attorney for a detailed understanding.
- Given the duration of the child's residence and the father's recent move, Mecklenburg has strong significant connections.
- This could potentially favor the transfer of jurisdiction from Ohio.
- It's recommended to discuss this with your family law attorney for a detailed understanding.
And this would be the case even though the father petitioned modification?
Hello ****,
- Yes, even if the father petitioned for modification, the significant connections with Mecklenburg could favor the transfer of jurisdiction.
- However, this ultimately depends on the court's decision.
- Please consult with your family law attorney for case-specific advice.
- Yes, even if the father petitioned for modification, the significant connections with Mecklenburg could favor the transfer of jurisdiction.
- However, this ultimately depends on the court's decision.
- Please consult with your family law attorney for case-specific advice.
Thank you
You're welcome, ****! If you have any more questions in the future, don't hesitate to ask. Remember, consulting with a family law attorney will provide you with the most accurate advice tailored to your situation. Best of luck with your case!
What if the father says he’s moving back in 6 months?
Hello ****,
- If the father plans to move back to Ohio, it could influence the court's decision on jurisdiction.
- However, the child's significant connections with Mecklenburg will still be a major factor.
- Consult your attorney for advice tailored to your case.
- If the father plans to move back to Ohio, it could influence the court's decision on jurisdiction.
- However, the child's significant connections with Mecklenburg will still be a major factor.
- Consult your attorney for advice tailored to your case.
Wouldn’t the courts look down upon the fathers decision to move back?
Hello ****,
- The court's primary concern is the child's best interest.
- If the father's decision to move back appears disruptive to the child's stability, it could potentially influence the court's view.
- Consult your attorney for advice tailored to your case.
- The court's primary concern is the child's best interest.
- If the father's decision to move back appears disruptive to the child's stability, it could potentially influence the court's view.
- Consult your attorney for advice tailored to your case.
Thanks
You're welcome, ****! If you have any other questions or need further clarification, feel free to ask. Remember, a family law attorney can provide the most accurate advice for your specific situation. Good luck with everything!