Asked in Child Custody and Family Law for Tennessee

Q: Can Tennessee gain jurisdiction over an on going custody case in kentucky?

My ex wife is a resident in Tennessee we have an open court case in kentucky I live in the state of kentucky

Related Topics:
2 Lawyer Answers
Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: Sometimes, yes... Consult with your KY attorney about prevailing there.

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: Whether Tennessee can establish jurisdiction over an ongoing custody case in Kentucky depends on factors governed by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). Typically, the state where the child has lived for the past six months holds jurisdiction as the home state. In your situation, if your ex-wife and child have resided in Tennessee for over six months, Tennessee may be considered the home state. Emergency jurisdiction in Kentucky could apply if the child is in immediate danger. However, exceptions may allow Tennessee to gain jurisdiction, such as if the Kentucky court declines or lacks jurisdiction, or if the child has lived in Tennessee for the past six months. The specific details of your case will determine whether Tennessee can establish jurisdiction over the ongoing custody proceedings.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.