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futurestepmomnowstepgf's picture

So my friend (SM) and her DH, that I have mentioned before paid the retainer for a lawyer to try and get the custody flipped to SD living with them. BM lived in Ohio and that is where their CO was made. In the beginning of the summer BM moved to another state, but did not ask SM’s DH prior as is stated must be done in the CO in order for BM to move out of state nor did she notify the court she moved as is also stated in the CO. Today, my friend (SM) said that they have to file in Ohio because the original CO was made in Ohio. I thought if BM moved to another state and after it has been made her permanent residence then any change of custody must be filed in the child’s current state of residence? SM is saying that is not the case because BM did not file nor did she notify the court of her move, but since the CO was made in Ohio, all court filings are to be done in Ohio even if neither BM nor SM’s DH live there. I am just curious for my friend as well as for myself and bf down the line as we will be moving out of VA and BM is to be moving out of VA as well and that is where the CO for us was made in.

 

For anyone curious my friend (SM) and her husband hope it also plays in their favor that BM will need a criminal lawyer for her criminal charges against her (assault and battery) and then a different lawyer now for this change of custody, but I really don’t have much faith in the family court system that any of it will matter. Sadly, SM’s SD has been convinced by BM that assault and getting arrested is okay and normal Sad

Comments

tog redux's picture

I believe she is right, it needs to be filed in Ohio. Ohio might decide to give jurisdiction to the new state, but he is filing contempt for the original order, which is in Ohio. 

futurestepmomnowstepgf's picture

so in our case if all is filed right with the court that we moved and BM moved, but we want to flip custody we need to file back in VA even though no one lives there?

tog redux's picture

I'm not entirely sure - you may have to file in BM's state for the case to be transferred there.  

futurestepmomnowstepgf's picture

I mean this is way down the line anyway. I was just curious and bf had always been told you file in the state the child has residency in not where the CO was made

This BM though never does what she is supposed to and it would actually be better for them if they can file in Ohio

Sotheysay's picture

I think in your case it would be the new state that Sk lives IF everything is processed right through the virgina courts in your friends case it sounds like BM did not go through the courts and is in contempt of the CO

futurestepmomnowstepgf's picture

Ah okay, explaining it that way totally makes sense to me now!

futurestepmomnowstepgf's picture

Makes sense to me. Don't have much faith in this happening as it is now December and last heard she said she is moving either Decemmber or January and we have not received a 30 day notice of her moving