Legal Question in Constitutional Law in Kansas

Change of jurisdiction

I have a non-married child custody/support case that was started in Kansas. I am now a resident of Oklahoma. Can I get the venue changed to my new residence?


Asked on 10/26/03, 10:43 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Change of jurisdiction

No. Venue and jurisdiction are not the same. You can get a change of venue within the jurisdiction of a state, but you cannot transfer a case under ordinary circumstances from one state to another when child custody is involved. That would be an impermissible change of jurisdiction, and that is not allowed. The state of the child's residence has primary jurisdiction at all times.

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Answered on 10/27/03, 8:26 am


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