Legal Question in Family Law in Ohio
Child Custody
In 2005 my divorce and custody papers were finalized and fieled in Summit County Oh since then i have moved to norther va and last year filed my custody papers here with the courts.(Forgin Custody & Visition) Now my ex husband had me served with court papers from Oh to go to court there to challenge the current custody agreement. I though that he would have to file here since me and the children have been here for 3yrs now?
2 Answers from Attorneys
Re: Child Custody
Yes, your former husband should now be required to
challenge any custody determinations in the courts of the Commonwealth since the children have been in continuous residence here six months or more which under the UCCJA (Uniform Child Custody Jurisdiction Act)would give Virginia jurisdiction over this matter rather than Ohio.
Which means that you would be well advised to inform the Summit County Court of that particular fact and request that the father's filing be therefore dismissed.
Re: Child Custody
I agree that the jurisdiction should now be in Virginia, but you should take some action to raise that issue with the Ohio court. You need to be careful how you do that so you do not unintentionally consent to Ohio jurisdiction. You may want to contact your Ohio attorney and talk about a special appearance to contest jurisdiction.
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