Legal Question in Family Law in Utah

change of jurisdiction

I divorced my husband 8 years ago in ca. Now re-married

and 1 1/2 years ago my new husbands job caused him to move to Utah.I would like to get jurisdiction changed to Utah, but my ex will not approve.There are two children ,but no problem with support cause he is disabled and support is from SS.I thought there was a uniform minors act that said the state where the children live should have jurisdiction, but I can not find any thing about it.The biggest problem is the visitations because I can not file in Utah and have to get a attorny in Ca.


Asked on 4/18/01, 3:38 pm

3 Answers from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: change of jurisdiction

The Uniform Child Custody Jurisdiction Act, adopted in Utah and California provides that child custody issues can be litigated in the state where the children have resided for the previous 3 months. You can file in Utah for such issues.

I am licensed in California and Utah and would be happy to assist. Call (801) 876-4422 for a free consultation.

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Answered on 6/11/01, 8:33 pm
PATRICK MCCRARY PATRICK MCCRARY

Re: change of jurisdiction

I must disagree with Mr. Lundgren. 28 U.S. 1938A states that if one state has made an order no other state may modify that order unless neither parent nor the children are living in the orignal state. There are some exceptions if you can get the judge in California to reliquish jurisdiction to Utah. Good Luck

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Answered on 6/12/01, 12:06 pm
Ken Koury Kenneth P. Koury, Esq.

Re: change of jurisdiction

Mr. Mccrary is right. as long as either parent remains in CA Utah cannot have the case. I have litigated this issue many times.

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Answered on 6/13/01, 7:59 pm


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