Saturday, March 30, 2013

My ex filed custody and visitation orders in CA and the children and I live in NY (17 mos). How do I change jurisdiction?

Q:  My kids and I moved to NY almost 18 months ago. My ex just filed custody and visitation orders in court in CA although the kids and I haven't lived there for almost a year and a half. We have no orders now but I had won a moveaway case in LA almost 2 years ago. How do I proceed to move the case to NY?

A:  David's Answer:  When you say you won a "move away case," does this mean there was a prior custody/visitation proceeding in LA? If so, does the order say anything about which state would have jurisdiction over modification cases? That said, you will assuredly need the services of a CA lawyer to challenge that court's jurisdiction. You will also need to (at the least) consult a Dutchess/Westchester Co. Child Custody attorney on the issue of either registering the CA order in NY and/or filing for custody in NY.  -- David Bliven, Westchester Child Custody attorney (

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