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

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2 Lawyer Answers
Anthony M. Avery
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  • Knoxville, TN
  • Licensed in Tennessee

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

T. Augustus Claus
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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.

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