Legal Question in Family Law in Montana
How can I move jurisdiction?
Two years ago, my ex and I went to court regarding visitation issues. He has not visited our child and established a relationship with her, as he was ordered to. Now he wishes to use overnight visitation even though they do not know each other, and she is only 3. I believe we will be going back to court, but neither of us live in the district we went to court in the first time. How can I get it moved? He now lives out of state, and I would like the case to be here, where my daughter lives. Thanks.
1 Answer from Attorneys
Re: How can I move jurisdiction?
If you still live in the state in which your visitation order was granted, you may obtain a certified copy from the originating venue (county of the order) and file a petition for enforcement or modification of same, in the county or locale where you currently live.
However, a non custodial parent does not waive their right to child visitation on the grounds that they have not excercised their visitation right, in the past. Also,the court cannot "order" a person to have a relationship with anyone.
Given the circumstances you describe, it is best that you try to work out a visitation plan with your child's father, that you can live with, outside of court.
In any case, it is your job to ease the disruption in your and your child's life. Try to slowly reaquaint your child with her father; and insist upon his cooperation, in your daugter's best interests.
GOOD LUCK
PHROSKA L. McALSITER, ESQ.
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