Hendersonville, TN asked in Child Custody for Tennessee

Q: If a custody order for full custody in TN is issued in 2019 and someone tries to get custody in ky. Doesnt Tn have juris

jurisdiction over ky. Also Tn called for jurisdiction on that court order at that time. My kids paternal grandma is trying to take my kids and its been based on all lies. I won the first case in ky and i thought once that was dismissed it went back to my current TN order, now they are at it again and the judge just lets her keep lying

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1 Lawyer Answer
Bob G Huddleston Jr.
Bob G Huddleston Jr.
Answered
  • Divorce Lawyer
  • Cordova, TN
  • Licensed in Tennessee

A: To modify custody and the question is which state has jurisdiction, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) will provide the needed guidance. One way that KY could acquire jurisdiction over the matter is if the child(ren) resided in KY for the six months immediately preceeding the filing of a petition seeking to modify previously ordered custody. HOWEVER, if there is a jurisdictional issue brought to the court in KY the court there may be required to contact the TN court that exercised jurisdiction to determine if (1) jurisdiction lies solely with KY, or (2) TN may still exercise jurisdiction, and if TN may exercise jurisdiction, whether TN wants to release jurisdiction to KY because it is now a more convenient forum.

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