Legal Question in Family Law in Massachusetts
jurisdiction issue
I was living in Plymouth County. My ex took me to court and we now have a custody order issued from the court in Plymouth County.
I have now moved to Barnstable County (but literally next door to Plymouth County line).
If my ex takes me back to court to modify the custody order, will we have to change to Barnstable County court?
I liked the judge and would like to continue using Plymouth County courts.
My ex lives several counties away in neither Plymouth or Barnstable.
3 Answers from Attorneys
Re: jurisdiction issue
This is a question of venue, not jurisdiction. Jurisdiction and venue always remains with the ORIGINAL county in Massachusetts for filing, unless one or both parties moves out of state (and that creates a complicated dance that I won't explain here, because support issues and care and custody issues follow different rules for staying in the originating court or not doing so).
Venue -may- be changed to a more convenient court by motion and order of the originating court, but that only changes the place of hearing. The case is only heard elsewhere; filings are still done with the originating court. The judge will be assigned from the court holding the hearings, in most situations.
Unless your ex convinces the Plymouth County Probate and Family Court that a hearing in Plymouth is unfair to him, your case will stay in Plymouth for all purposes.
Re: jurisdiction issue
No, If she is still in Plymouth County and the Court has retained jurisdiction then the Plymouth court retains jurisdiction.
Re: jurisdiction issue
Typically the court from which the order issued retains juridiction so that you should retain a Plymouth County attorney to represent you as the case will likely be heard in the Plymouth County Probate and Family Court. Good Luck!