Changing jurisdiction

[Coolie361]

What is the name of your state? Hawaii
We just moved to Hawaii and jurisdiction of my stepchildren's modification for visitation is in New Mexico. We think my husband's ex is going to take us back to court for visitation (she currently has none). Do we have to live in Hawaii for 6 months before we can move jurisdiction to Hawaii (we've only been here 2 months)?

 

[rmet4nzkx]

Obviously more to this story. Where does mom live. Did you have permission to move the child? What is the custody and what are the orders.

 

[stealth2]

The salient question is - where does Mom live? If she's in NM, that's where jurisdiction stays.

 

[BestInterest]

It sounds like the father has custody and is in Hawaii. Why would the jurisdiction still be in NM after 6 months if the mother has no visitation or custody?

 

[stealth2]

Because that is where the original order was issued and, while she may not have custody or visitation, her rights have apparently not been terminated. So until NM gives up jurisdiction (which they are unlikely to do as long as one party remains a resident of NM), NM is where it stays.

 

[BelizeBreeze]

Because that is where the original order was issued and, while she may not have custody or visitation, her rights have apparently not been terminated. So until NM gives up jurisdiction (which they are unlikely to do as long as one party remains a resident of NM), NM is where it stays.

And even if mom is not residing in NM, if she files for visitation and/or custody BEFORE residency is established, she very well could have jurisdiction moved.

 

[Coolie361]

Let me clarify...

My husband has custody and can move them whereever the military sends him. We currently reside in Hawaii and the bio mom lives in Georgia. Jurisdiction is still in NM because there has not been a need to move it yet.

Even though we've only been here 2 months, could we move jurisdiction to HI if and when bio mom files for visitation?

 

[Coolie361]

Our attorney told us that jurisdiction depends on where the children reside, not the noncustodial mother. Could she really change jurisdiction to GA?

 

[BelizeBreeze]

Our attorney told us that jurisdiction depends on where the children reside, not the noncustodial mother. Could she really change jurisdiction to GA?

Your attorney is either an idiot or you heard what you WANTED to hear. Jurisdiction resides where the original order was issued UNLESS both the child AND the non-custodial parent no longer reside in the issuing state. Then that state MAY give up jurisdiction.

But unless residency has been established, you are SOL.

 

[Coolie361]

Belize ~ the children reside in HI, and have not lived in NM for 3 years. Noncustodial biomom lives in GA and has not lived in NM for 2 years. So, specifically, WHO can request a move of jurisdiction? Can biomom move jurisdiction to GA, even though the kids live in HI?

Can we request change of jurisdiction to HI (if something gets filed)?

 

[carofl93]

Wouldn't the OP's hubby have to declare residency of Hawaii to get the jurisdiction moved there? My hubby and I have lived in Florida for 4 years and he was still technically a Texas resident until we purchased a home and he "became" a resident then. I became a Florida resident after 6 months of recieving mail at a Florida address.

 

[BelizeBreeze]

who files first has the better chance. PERIOD!