Legal Question in Family Law in Massachusetts

Re: State Jurisdiction

While New York has an active case, it has jurisdiction over all matters that were properly brought in New York. After the case is active, New York will still be the state in which child support will be determined, under the current law of most states. Under the current law of most states, the state of the child's residence will most likely have jurisdiction over issues of care and custody, with the caveat that states can sometimes reserve jurisdiction over such matters (and, sometimes, this reservation is successful; sometimes, it is later ceded away by the state). However, the change of jurisdiction does not mandate a change in a judgment or agreement; most often, states respect the terms made by the other court unless there is a material change in circumstances.

Re: State Jurisdiction

Attorney Gregory is correct, however if you were divorced in MA and moved to HI with the MA court's permission, there is an issue of NY jurisdiction. You should contact a NY attorney and ask that the case be removed to MA, assuming that is the issue with which you are concerned. You may even be able to ask for HI, but if MA had jurisdiction in the first place and you have never resided in NY with your daughter, then there is a jurisdictional issue. However, you need to contact a NY attorney.

Good Luck.