Custody visitation orders when moving states?

I have lived in my current state for more then 6mos with my child. I have court orders in my previous state. My ex husband have filed for amendment of custody and visitation. How is this possible if I am now living in another state and he is now living in a different state as well.

First off, you need to look into the laws in the state that you divorced in, because in some states you are required to notify the court and receive permission before moving the child out of state or more than 50 miles away from the other parent.
Secondly, regardless of the previous order, either parent can go back and seek and amendment to the original orders. This can be done either in the jurisdiction that the case was originally settled in, the jurisdiction that the father lives in, the jurisdiction that the mother lives in, or the jurisdiction that the child lives in if for some reason the child lives with neither parent. It is up to the discretion of the court whether to entertain the case or refer it back to the original court. If your ex files for an amendment he will probably have to do so in the same court your divorce was processed in, which still holds jurisdiction because they issued the original order, which is still legally binding because generally each state recognizes the authority of the other states to rule in the matters that pertain to their citizens.
Now the original court can decide to grant the amendment, deny it, or agree to have the case transferred to another jurisdiction because you and your ex have moved.

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One Response to “Custody visitation orders when moving states?”

  1. Lacey G Says:

    First off, you need to look into the laws in the state that you divorced in, because in some states you are required to notify the court and receive permission before moving the child out of state or more than 50 miles away from the other parent.
    Secondly, regardless of the previous order, either parent can go back and seek and amendment to the original orders. This can be done either in the jurisdiction that the case was originally settled in, the jurisdiction that the father lives in, the jurisdiction that the mother lives in, or the jurisdiction that the child lives in if for some reason the child lives with neither parent. It is up to the discretion of the court whether to entertain the case or refer it back to the original court. If your ex files for an amendment he will probably have to do so in the same court your divorce was processed in, which still holds jurisdiction because they issued the original order, which is still legally binding because generally each state recognizes the authority of the other states to rule in the matters that pertain to their citizens.
    Now the original court can decide to grant the amendment, deny it, or agree to have the case transferred to another jurisdiction because you and your ex have moved.
    References :

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