Q: If I file Motion to return child to Jurisdiction where paternity case is pending, can respondent request case to be move
Respondent moved to a different state 22h away without notifying me. The lawyer didn’t notify me as well. If I file motion to ask to return child to the Jurisdiction where the case is pending, what are the odds of the judge moving the case to the new state she lives in, if the respondent/lawyer request it ?
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A: It appears that the Respondent has relocated with the minor child without proper authorization from the Court or written consent from the other parent, you. In this case, a Motion to Return Child to the Court’s Jurisdiction should be immediately filed. Be sure to attach a copy of the UCCJEA affidavit. If your local jurisdiction have a standing order which they implement pending resolution which prohibits the relocation, you may also file a Motion for Contempt and Enforcement. If you are unaware of any standing order, call the family law department to verify. In some jurisdiction, you may be able to get a pick up order signed by a judge which instruct law-enforcement to pick up the child from that jurisdiction and return the child to your custody. If the relocation is more than six months, then the other parent may claim that the child has established residency in a new state. But regardless, if it’s more than six months, you should immediately proceed with filing the motions described above. Generally, unauthorized relocation is not viewed in a positive light. The court may see this as an attempt to alienate the child’s affection from the non-relocating parent. Hope this helps.
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