Legal Question in Family Law in Pennsylvania
Which state maintains jurisdiction over relocation issues?
I have been given the right to relocate with my child from Colorado to The Pennsylvania/New Jersey area. Will I have to travel across the country everytime there is a motion filed, or will my new state have jurisdiction. I ask because I will have employment issues if I have to travel to Colorado frequently if Motions are filed by the other parent.
1 Answer from Attorneys
Re: Which state maintains jurisdiction over relocation issues?
The type of motion filed and when it's filed will determine which state has jurisdiction. Generally, the state where the child has lived for at least six months will be the state that has jurisdiction, although there are several exceptions to this rule. Additionally, it's possible that if your ex tried to modify child support, it may have to be heard in Colorado, even if the child has been living in Pennsylvania for the last six months.
In the event a motion is filed in Colorado, it would be a good idea for you to consult with both a Colorado attorney as well as an attorney of the state you're living in at the time. Even if Colorado has jursidiction, in some circumstances, it may be possible to get the case transferred because another state's court is more appropriate. However, the most important thing is to act immediately when something is filed, because if you don't object at the very beginning, you'll lose your chance later to request that the case be transferred to another state.
Hope this helps!
Christine C. Nierenz, Esq.