Case Transfer Jurisdiction Details

Ask Your Question For Free

Summary

When a custody case transfers from Cuyahoga County to Mecklenburg County, all documents, evidence, and case history are typically sent to the new court. However, its advisable to confirm this with both courts, as procedures can vary. Jurisdiction might be retained in Cuyahoga County if the child and one parent have a significant connection with the state, substantial evidence is available concerning the childs care, protection, and relationships, or its declared that no other state would have jurisdiction under statutory provisions. If a protective order is denied, you can appeal or seek a modification of the custody order based on new evidence. Consult a local attorney for specific guidance.

Full Conversation

Will they have prior evidence supporting the old case
Yes, typically all evidence from the previous case, including court filings, testimonies, and physical evidence, would be transferred to the new court. This ensures that the new court has the full context of the case.
Are we sure they transfer everything?
Yes, in general, all relevant materials from the initial case are transferred to the new court. However, it can depend on the specific rules of the courts in your location. Could you please tell me where this is taking place so I can provide more accurate information?
Cuyahoga is were the custody order was put in place but now the parties reside in Mecklenburg County
When a custody case transfers from Cuyahoga County to Mecklenburg County:
- The original court (Cuyahoga) usually sends all documents, evidence, and case history to the new court (Mecklenburg).
- However, it may be advisable to confirm this with both courts, as procedures can slightly vary.
Any and all finding and findings and notes from judges?
The new court in Mecklenburg County should have access to all previous findings and notes from judges in Cuyahoga County. However, it would be best to verify this with the respective courts to avoid any miscommunication or loss of information.
If both parties live in Mecklenburg can Cuyahoga County decide to keep jurisdiction?
Typically, jurisdiction can be transferred to where the child or parties involved live. However, Cuyahoga County might retain jurisdiction under certain conditions. It is best to consult local family law rules or an attorney for specifics.
What are certain conditions?
Jurisdiction might be retained in Cuyahoga County if:
- The child and one parent have a significant connection with the state.
- Substantial evidence is available concerning the child's care, protection, and relationships.
- It's declared that no other state would have jurisdiction under statutory provisions.
Please consult a local attorney for specifics.
If the judge decides to not hear the case, do i immediately file with the new court to modify parenting rights before the other party?
Yes, if the judge doesn't hear the case, you can file a modification request in the Mecklenburg County court. It's advisable to act promptly to secure your interests. However, consider consulting a local attorney for precise guidance.
So when they transfer jurisdiction, it doesn’t transfer the motions already filed?
When a case is transferred, motions filed in the original court generally transfer as well. However, it's best to confirm this with the Mecklenburg County court as procedures can vary. Consult a local attorney for precise guidance.
So then I’m we wouldn’t re file?
Typically, you wouldn't need to refile motions already filed in the original court after jurisdiction transfer. But it's advisable to confirm this with Mecklenburg County court or consult a local attorney.
The new court would just a court date automatically?
Generally, the new court will schedule a court date after receiving the transferred case. However, procedures may vary. It's best to confirm this with the Mecklenburg County court. Could you please share if you've received any notifications yet?
My child reported abuse to me from her dad but the judge dismissed it because the DSS found it unsubstantiated
I'm sorry to hear about your situation. If you believe your child is in danger, you could consider filing an appeal or seeking a modification of the custody order based on new evidence. Do consult with a local attorney in Mecklenburg County for specific guidance.
I can file an appeal for the protective order
Yes, you can appeal a protective order decision. However, appeal procedures can be complex and time-sensitive. It's advisable to consult with a local attorney in Mecklenburg County for assistance. Remember, your child's safety is paramount.
How do I file an appeal
To file an appeal in Mecklenburg County, follow these steps:
- Obtain a copy of the final order from the clerk's office.
- File a Notice of Appeal within 30 days.
- Pay the filing fee or file an affidavit of indigency.
- Prepare and file your appellate brief.
Please consult a local attorney for assistance.
What is appellate brief
An appellate brief is a written legal argument presented to an appellate court. It contains:
- A statement of the facts of the case
- Legal arguments and supporting authorities
- A conclusion stating the relief requested
Consult an attorney for assistance in preparing one.
Who hears the case when it is appealed
When a case is appealed, it is usually heard by a higher court or an appellate court. In Mecklenburg County, this could be the North Carolina Court of Appeals or the Supreme Court of North Carolina, depending on the nature of the case. Always consult a local attorney for specifics.
What does a modification of the custody order based on new evidence
A modification of a custody order based on new evidence means:
- Presenting fresh evidence that wasn't available during the original hearing.
- This can lead to a change in the custody arrangement if the court deems it in the child's best interest.
- Consult a local attorney for precise guidance.
So if I asked for a protection order in Mecklenburg county and it was denied do I appeal it or just ask for modification of custody in Cuyahoga county
You can do either, or both. If you believe the denial of the protection order was incorrect, you can appeal in Mecklenburg County. If you have new evidence, you can seek a modification of the custody order in Cuyahoga County. Consult a local attorney to discuss the best course of action.
So how would the denial affect the modification in Ohio
The denial of the protection order in Mecklenburg County may not directly affect the modification of the custody order in Cuyahoga County. However, you should present all relevant evidence, including the denial, during the modification process. Consult a local attorney for specific guidance.
It was denied due to unsubstantiated evidence from DSS findings
If your protective order was denied due to unsubstantiated evidence from DSS, it could affect your custody modification case in Cuyahoga County, Ohio. However, new evidence, changes in circumstances, or mistakes in the DSS investigation could potentially influence the outcome. Consult with a local attorney for specific guidance.
Why wouldn’t the child’s statement and forensic interview matter
The child's statement and forensic interview should typically be considered in custody cases. However, these statements may be seen as less reliable if not supported by other evidence. It's crucial to consult with a local attorney for a more accurate understanding of your specific case.
What about in protection order cases
In protection order cases, child's statements and forensic interviews are also considered. However, corroborating evidence often strengthens the case. If the protective order was denied, you can appeal, providing additional evidence. It's important to consult a local attorney for case-specific advice.
I never had the chance to present the forensic interviews
If you didn't get the chance to present the forensic interviews during the hearing, you can introduce them during the appeal or custody modification process. They could provide valuable evidence. Consider consulting with a local attorney in your area for more precise guidance.
What would be the point in appealing the protection order if I am asking for modification
Appealing a protection order could:
- Reinforce your case for custody modification by highlighting concerns about your child's safety.
- Provide an opportunity to present new evidence, like the forensic interviews.
- Potentially lead to more immediate protection for your child.
Consult a local attorney for specific advice.
How long does it take to be granted an appeal
The timeline for an appeal can vary:
- Notice of Appeal must be filed within 30 days of the final order.
- The Appellate Brief usually should be filed within *-40 days of filing the appeal.
- The court's decision can take several months.
Please consult a local attorney for specific timelines.
But I have a pending modification case in Cuyahoga w
If you have a pending modification case in Cuyahoga County, are you concerned about how the appeal in Mecklenburg County might affect it? Or is there another issue you'd like to discuss?
Yes
An appeal in Mecklenburg County might not directly affect your modification case in Cuyahoga County. However, the outcomes could potentially influence each other. Consult a local attorney to understand the specifics of your situation.
So if I appealed the protection order and it takes several months to be decided, what if the cuyahoga county pending case is heard prior to, will the cuyahoga court wait until the appeal is done
The Cuyahoga County court might not necessarily wait for the outcome of your appeal in Mecklenburg County. They could proceed with the modification case independently. However, outcomes could influence each other. Consult a local attorney for specific guidance.
Was the protection order dismissed because their is a pending modification case in Cuyahoga county
Not necessarily. The dismissal of the protection order in Mecklenburg County might not be directly related to the pending modification case in Cuyahoga County. It could have been due to various reasons, like insufficient evidence. Consult a local attorney for specifics.
How do I protect my child
First, it's important to consult a local attorney for specific advice. However, here are some general steps:
- Collect and present all relevant evidence of abuse.
- Consult with professionals who interact with your child (teachers, doctors).
- Appeal the protection order if you believe it was wrongly denied.
- Consider seeking a modification of the custody order based on new evidence.
- Keep documenting instances of abuse.
- Ensure your child has emotional support during this time.
How can I appeal if it was denied due to unsubstantiated DSS reports
To appeal a decision denied due to unsubstantiated DSS reports:
*. File a Notice of Appeal within 30 days of the denial.
*. Prepare and file your appellate brief, presenting arguments against the DSS findings.
*. Provide any additional evidence not presented earlier.
*. Follow local court procedures.
Please consult with a local attorney for more detailed guidance.
Now how do I get the current order modified if I have a denied protection order that I may or may not appeal and a unsubstantiated DSS report
To modify the current order, follow these general steps:
*. File a motion to modify the custody order in the relevant court.
*. Present new evidence not available during the initial hearing.
*. Argue why the modification is in the child's best interest.
*. Follow local court procedures.
Consult a local attorney for precise guidance.
How can I win
To increase your chances of winning a custody modification:
- Collect and present all relevant evidence.
- Prepare a strong argument about why the change is in the child's best interest.
- Ensure all your actions align with legal procedures.
- Consult with a local attorney for specific guidance.
But the denied protection order is against me
I see. In that case, it's crucial to present evidence supporting your ability to provide a safe and nurturing environment for your child. Gather character references, show your active role in your child's life, and comply with all court orders. Consult a local attorney for specific guidance.
But who is protecting the child
In cases of child safety concerns, several entities work together to protect the child's best interests. These include:
- Family Courts: They make decisions in custody cases taking the child's welfare into account.
- Child Protective Services: They investigate reports of child abuse and neglect.
- Law Enforcement: They may be involved if there are allegations of criminal behavior.
It's crucial to report any suspected abuse to these authorities promptly. Consult a local attorney for guidance.
But DSS reported unsubstantiated but my child says these things happened to her
I'm really sorry to hear about your situation. If your child's statements contradict the DSS report, it's crucial to:
- Consult with a local attorney to strategize your next steps.
- Seek a second opinion, if possible.
- Ensure your child's mental wellbeing.
- Keep documenting any incidents and your child's statements.
Remember, your child's safety is paramount.