Legal Question in Family Law in Ohio
Where jurisdiction would be or if a venue would need to be filed?
My ex. who's lived in and out of home's just moved back in w/ her mother a month ago but had previously lived in Florida for 7 months w/ her 3 yr old son. We both have a daughter which I took to court and got custody 3 yrs ago. My daughter and I both live in Washington state. However due to issues w/ the childs behavior she has been temporary living w/ her grandparents in Ohio for 4 1/2 months and is due to return after school is out.
Due to the mother has been out of her life for almost a year and her visitation is only 1 week for christmas and 6 weeks in the summer. She wants custody back so she filed a change of custody in the State of Ohio vs. the state of Washington. Which state would have jurisdiction? Since the mother is a resident of Florida and the child and myself(bio-father) are residences of Washington? Originally 7 yrs ago we were all residences of the state of Ohio however I moved and then filed custody papers in the state of ohio and won, and ever since me and my 11 yr old daughter have been living in the State of Washington.
Should I file a change of Venue in the state of Ohio or should I attend the pre-trial and at that time file the change of Venue?
Thank you,
1 Answer from Attorneys
Re: Where jurisdiction would be or if a venue would need to be filed?
Because you brought a legal action in Ohio, you may very well need to defend this action in Ohio but I would strongly advise that you seek the advice of an Ohio attorney because that state coul dstill have jurisdiction. Under our state's rules, venue lies where the last proceeding took place, i.e., Ohio, or where the child presently lives, i.e., Washington. But I do not know Ohio law and you would be well advised to check with an attorney in that state.
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