Gurley, AL asked in Family Law for Alabama

Q: We have lived in Al. for over 180 days.have full phys. cust. of son. Mom lives in Mn. Which state do we file in on visit

? on which state to file visitation violations and concerns of well being of minor child. Divorce and custody filed in MN. one lawyer says MN and mn lawyers says here in Al. It would be detrimental for him to go to MN for 6weeks with bio mom. He did last summer and is in counseling now with a therapist. He does not want to go, he is highly anxious over this. Which state do we file in????

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2 Lawyer Answers

Amber Yerkey James

Answered
  • Huntsville, AL
  • Licensed in Alabama

A: Even though Alabama is the "home state" of the child, MN has continuing jurisdiction because your son's mom still lives there. You could attempt to file in AL; but if your son's mom does not have any connection to Alabama other than your son being here or she seeks to have the case dismissed here because she still lives there, it is likely that the case will be dismissed. Your best bet is to file in MN.

Richard Carl Perry Jr.

Answered
  • Pelham, AL
  • Licensed in Alabama

A: After you have spent 3 years in Alabama, you can always enroll the foreign judgment -- the MN judgment -- in Alabama. Then you could file a petition to modify visitation and/or custody.

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