Jurisdiction refers to the state where a court case will be litigated. In child custody cases, jurisdiction is based on the child’s home state. For example, if a child has lived in Tennessee for six months, that would be the proper jurisdiction to bring a custody case.
The laws governing changes in jurisdiction in Chattanooga child custody cases can be complex, and you may benefit from professional advice as you undergo this process. A skilled attorney could help you change your jurisdiction so that your needs continue to be met as your family’s circumstances evolve.
The most common reason that leads to a change of jurisdiction in child custody cases is if the parties have moved. If a child and their custodial parent lived in Tennessee at the time of the original custody order, then relocate to another state and remain in that state for at least six months, that case will likely be transferred to the new state’s court. Most of the evidence regarding that child is now going to be located in the new state, so most courts would grant this change of jurisdiction.
There are some restrictions that could prevent a Chattanooga parent from changing jurisdiction in their child custody case. For example, if a parent who moved with their child to another state wants to switch jurisdictions, the other parent who remained in the original state could argue against the change. A parent could argue that because they still live in the first state, their case should be kept with the court that first gave the custody order.
This rebuttal to a jurisdiction modification could hold up in court and, depending on the other factors in the case, prevent the change from happening. The court will take both parents’ arguments into account, so it could be crucial to have a local lawyer at your side.
To go about changing jurisdiction in Chattanooga, an individual must file a motion to transfer a case. For example, if a mother who moved to Georgia wants to transfer the case from Tennessee to Georgia, they would have two options.
First, they could go to the Tennessee court and file a petition to transfer the case to Georgia. The Tennessee court will then make a decision about whether or not to transfer that case. They could also go straight to Georgia and file a petition to enroll a foreign decree instead. Either petitioning method could be successful, but the help of a qualified lawyer in the area could be necessary to ensure that all of the steps are followed.
An individual should consult a custody attorney for help making a jurisdiction transfer when the issue first arises. The sooner you contact an experienced attorney for advice, the better chance you have of successfully changing the jurisdiction in your Chattanooga child custody case. For more information, call today to schedule a confidential consultation.