Legal Question in Family Law in North Dakota

He's moving again before I can establish any juristiction

I have 3 children from a previous marraige who wish to live with me. I am working on my own to try to figure out how and where to get juristiction established. We have joint custody he has physical care since nov. 2002. Since early 2005 they have moved to 3 different states. The divorice was done in Ut., the modification of custody was done in Ok, they currently live in ND and I am in Wa! I have serious conserns of reported abuses and the 2nd oldest sounds very depressed, according to the eldest he recieves the worst of the abuses. Just today I was told they may be moving to New mexico.

I can show that I have a much higher income and that I can be home with them, which is why I gave custody to thier father in 2002. Of course there is much more to this story but my question is how do I get something done before they move again. How can I establish any juristiction if they move so much? Is there any way to protect my children?


Asked on 1/29/06, 3:49 am

1 Answer from Attorneys
Christopher Steuart IT Forensics, Inc.

Re: He's moving again before I can establish any juristiction

If a modification was done in Oklahoma, Oklahoma would still have jurisdiction. If they have lived in North Dakota for more than 6 months ND could have jurisdiction if the most recent parenting plan was registered there (UCCJEA in general provides for 6 months residence, but has an emergency provision for shorter periods, also UCCJEA has some minor variation from state to state). You should consider finding a lawyer in whichever state is appropriate as between OK and ND.

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Answered on 1/30/06, 3:52 am


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