Legal Question in Family Law in Indiana

Custody battle across state lines

Ex & I divorced in Indiana. He moved to Iowa with 3 of the kids & I moved to Virginia with 2 of the kids, am now remarried. He filed in IA to have div transferred to Iowa & requested full custody of all 5 kids even though 2 of them are VA residents now. Div papers state we have joint cust.

Does Indiana have to turn over the divorce to state of Iowa? Are there any legal precedences for keeping the case on ''common ground'' so it is a fair ''fight'' if we go to court. If he gets it to IA, isn't that forum shopping?

Can IA courts make decision for children that are VA residents?

If I seek attorney here in VA, is there anything VA can do to protect 2 children that are residents of this state, living here with me?

We had oral agreement at school year end, kids would choose who they wanted to live with. Three kids there want to come live w/me, 2 here want to stay in VA.

We now have filings in Iowa and Indiana, all pending; we go to court at end of April in Indiana (who has jurisdiction at this point). Iowa has not set court date yet.

Any advice would be appreciated.


Asked on 3/06/08, 9:42 pm

2 Answers from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Custody battle across state lines

The UCCJA(Uniform Child Custody Jurisdiction Act)to which all states are signatories, will give the Commonwealth jurisdiction over the custody issue involving your two children if they've been residents of the state six months or more.

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Answered on 3/06/08, 11:01 pm

Re: Custody battle across state lines

I am afraid to tell you that two different courts have jurisdiction. Iowas has jurisdiction concerning the kids in Iowa and Virginia has jurisdiction for the children in Va.

Indiana is no longer involved since no one lives here.

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Answered on 3/07/08, 7:10 am


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