Q: Pending FP case dismissed w/o prejudice, no jurisdiction due to a new case in another county. File 1st in which county?
a paternity/custody case was stayed until DHS closed out their deprived case in the county the mother ran off to. DNA was done & BC adding me as the father. During the 2yrs DHS had child with foster parent the mother moved several times. The most recent county wasn't even aware of the pending FP case when DHS gave child back to mother. That Judge made a final order giving her full custody and me supervised monthly visits cause I miss the hearing knowing I would easily get that modified when pending family case resumed due to all the incontempts the mother would be facing. But I never got to see that day because the clerk where mother resided didn't fax that order to be filed in the pending case even though every final order has instructions for the clerk on the last page to check if any other county has a pending case. if there's not one then they create a new FMI and file it giving them jurisdiction. So do I get dismissed case reopen 1st or get new case dismissed 1st?
A:
The court which has made a child custody determination has exclusive, continuing jurisdiction over the determination until:
1. The Court determines that neither the child, the child and one parent, nor the child and a person acting as a parent have a significant connection with the county and that substantial evidence is no longer available in the county concerning the child's care, protection, training, and personal relationships; or
2. A court of the same county or a court of another county determines that the child, the child's parents, and any person acting as a parent do not presently reside in the county that made the child custody determination.
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