Q: both parents move out of state(2 different states), can the state prior take jurisdiction over the new state filed in?
Both parents moved out of the state they lived in for a year, to two different states. The father filed emergency custody and was granted in his new state. Mother went to previous state to contest and then was granted custody over the new state order without discussing with fathers state. Does the old state they lived in have the right to do so?
A:
As they both have standing the first order will be effective, and it would be up to the other party to show "a change in circumstances" to get that prior ruling reversed.
So the father is in good shape here. Hire an attorney and file a petition to amend the custody order based on a change of circumstances and that the mother willfully deceived the court by not disclosing the first order.
I'm happy to do a free consultation over the phone on this or an in person consultation at a low cost if you would like. My info is below. Best of luck.
Aubrey C. Galloway III Esq
Law Office of Aubrey C. Galloway III, Esq PC
2 Overhill Rd. Suite 400
Scarsdale NY, 10583
914-912-1555
AG3LAW.COM
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