Legal Question in Family Law in Mississippi

child custody who has juridiction?

my childs father got temporay custody in alabama paternity has never been proven and child was reident of mississippi who has jursdiction alabama or mississippi (facts on custody peition were not true)mother was not given notice of court date custody filed one day the next custody was given


Asked on 5/26/02, 8:13 pm

1 Answer from Attorneys

Albert Pettigrew Law Offices Ph 228-875-8736

Re: child custody who has juridiction?

Under the U.S. Consititution, you must have "substanial contacts" with the forum state before one of its courts will have jurisdiction over you. You can enter a special appearance to contest jurisdiction if you believe the father cannot prove you had substantial contacts. Alternatively, if you move quickly enough you can have the judgment set aside and the alleged father's claims be tried in Alabama if that court has jurisdiction. Since you are in Miss., this is the child's home state so any future questions about custody and visitation should be decided in this state's court, regardless of which court establishes paternity. However, issues regarding child support will continue to be decided by the Alabama court. You need to obtain the assistance of an Alabama attorney as soon as possible.

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Answered on 5/27/02, 11:55 am


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