Typically, a court
gains jurisdiction over a child when the child has lived in the state for at least six months or has other significant contacts with the state.
The family court, which has
jurisdiction over child custody cases, considers all relevant facts surrounding the relationship between the parents and the child.
The Court of Civil Appeals of Alabama has reversed a trial court order that held the trial court had subject -
matter jurisdiction over a child custody petition that was filed in Alabama by the child's father at the time the father filed a petition for divorce from the child's mother.
Since Father still lived in Georgia and Georgia had not
declined jurisdiction over child custody, the Court of Appeals further found that Georgia, that state has had issued the initial custody order, had exclusive jurisdiction over any termination of parental rights action.
The court commented that the Spanish staying order
asserted jurisdiction over the children but deferred to the English court based on the erroneous assumption the English court was seised in relation to the children.
Article 8 provides that courts of a member state shall have
jurisdiction over a child who is habitually resident in that state at the time the court is seised.
The decision means the English courts will retain
full jurisdiction over the child's welfare and allows a High Court judge here to make decisions on the Children Act application the other mother had initiated.
A measure opposing the imposition of
federal jurisdiction over child custody cases involving members of the military and urging that military deployment not be the sole reason to deny child custody.
Chapters 3, 4, and 5 focus on specific recommendations for the child protection system, the network of domestic violence service providers, and the juvenile or other trial courts with
jurisdiction over child maltreatment cases.
Even if you or your ex has not yet filed a petition with a Texas court to start a litigation, Texas still has
jurisdiction over your children if they lived there for the last six months.
If a non-custodial parent fears the possibility of an abduction, he can file a motion for a restraining order in the court that has
local jurisdiction over the child's interests.
The ONCA held that the trial judge erred in failing to exercise his discretion to assume jurisdiction under s. 23 of the CLRA, which allows the court to
exercise jurisdiction over a child's custody where that child is physically present in Ontario and would suffer serious harm if the child is removed from Ontario.
However, Louisiana's order and Louisiana state laws continue to govern the couple's child custody, except under certain circumstances, such as when the new state
assumes jurisdiction over the child.
In this situation we will carefully consider on your behalf whether the English Court
retains jurisdiction over the children and therefore it is important to seek advice before engaging in any proceedings.
Given the English court has
no jurisdiction over the children the stay ought to dissolve and the jurisdiction reverts to Spain.
The United States court (the local state court) will have
jurisdiction over the children and will issue its own custody orders.
Family courts have
jurisdiction over child custody actions.
Family courts have
jurisdiction over child custody cases and grant either joint or sole custody to suitable parent (s).
Jurisdiction over child custody cases varies from state to state.
No other state or country has
jurisdiction over the child (or the court of the child's home state or country has declined jurisdiction) and the child has significant connections to Florida.
As governed by child custody laws in South Dakota, the family courts have
jurisdiction over child custody cases.
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is a uniform act that has been adopted by nearly every state and U.S. territory and addresses which courts have
jurisdiction over a child custody case.
As governed by Indiana child custody laws, the state's family courts have
jurisdiction over child custody issues.
For example, if children do not remain in any state long enough to form jurisdiction - related attachments because of a parent's relocation due to military service, UCCJEA allows another state — perhaps the state where the ex-spouse lives and where the child last resided — to exercise
jurisdiction over the child's case.
Under child custody laws, the family courts have
jurisdiction over child custody cases.
Your expert Tampa child custody attorney can advise you how each of the fifty states has passed exactly the same law with regard to which state has
jurisdiction over child custody cases depending upon the contacts of the parents and the child with each particular state.
In virtually every family law proceeding that involves child custody — including divorce, paternity, and relocation — each party is required to file an affidavit that contains certain information and demonstrates to the court that it has
jurisdiction over the child.
The father and mother may sign a joint stipulation to paternity, and they may submit it to the family division of the circuit court, which has
jurisdiction over child custody matters.
Mother and the paternal grandparents are ordered not to interfere with the California juvenile court's
jurisdiction over the children.
As a relocating parent, you must file a notice of intent to move with the Indiana court that issued your most recent custody order, or a court that has
jurisdiction over your child, and you must serve a copy of the notice on your ex-spouse, alerting him to the intended move.