In a divorce and custody dispute, is it possible to switch the court jurisdiction? You have a party who resides in New York, who went through a divorce and custody dispute there. In New York, the party obtained a custody and judgment order. The mother makes the decision to relocate to Michigan. Then, a question regarding parenting time is raised. Where do you want the parental time dispute settled? It’s a question of jurisdiction.
Click here to watch the video on How To Change Jurisdiction In Divorce & Custody Case In Michigan
The child’s father makes the decision to relocate to Arkansas and requests a review of the parenting arrangement. Where will the father bring up this matter? In which court will he file the petition for a custody review? Regarding questions of jurisdiction, you should consult your attorney.
Did you know that the Family Court has the power to order you to travel hundreds of miles outside of the state to attend your child custody hearings? Although it may seem absurd, there are several circumstances in which it is true.
Like what we mentioned above, you and your significant other had a child in New York before deciding to part ways. You relocate to Arkansas, while your spouse and the child move to Michigan. The court informs you that you must travel to and from New York in order to attend the court proceedings there once you make a request for child custody and child support here in Michigan.
How is this possible?
This scenario is typical for many Michigan parents who migrate and subsequently want to request or change child custody and child support orders, regardless of the combination of states involved.
Where Should You File Your Child Custody Case
The “home state” of your child is where you must submit your custody case. Only if Michigan is your child’s home state will a court there have jurisdiction over the case. In general, for your child to be considered a resident of Michigan, they must have resided there with a parent for at least six consecutive months prior to the filing of the case (or from birth). If a parent still resides in Michigan and the child was born there, Michigan may also be considered the child’s home state even if the child is now residing in another state.
Michigan may not be your child’s home state if they now reside elsewhere or have not done so for the previous six months.
You can file a custody lawsuit in a Michigan court if Michigan is the child’s home state, even if you and your child are not citizens of the United States or if the child’s other parent resides in another state.
In most cases, you’ll file your custody case in the Circuit Court’s Family Division in the county where your child resides. You might want to speak with an attorney if you’re unsure whether Michigan is the best state for your custody case or if you already have an ongoing family law issue involving your child.
You may be eligible for free legal assistance if you are on a low income.
How Does The Court Handle Jurisdiction
It is only natural for parents to separate once a marriage ends. In some circumstances, this entails moving one or both parents to another state to live and work in addition to separating homes and having one or both parents leave the family home.
In rare instances, parents who live in different jurisdictions may be involved in paternity or custody issues that are unrelated to marriage and divorce. What does this mean for a parent who is requesting visitation rights, full or partial custody of a child, or any other type of parenting time?
Any child custody lawsuit that seeks to proceed must first establish jurisdiction, and the state that is found to have that jurisdiction may have a significant influence on the outcome. This is due to the fact that various states have distinct laws regarding child custody and custody disputes.
You must first comprehend the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) if you reside in Michigan or wish to file for custody there . What is it, and how will it affect your chances of getting custody of your kids in Michigan?
What Is Jurisdiction? What is Michigan UCCJEA?
Which state has jurisdiction and is the correct venue for your complaint is the key question in the case we mentioned earlier in this article. The term “jurisdiction” refers to the legal authority a court has to hear a matter and make a decision.
Understanding the distinction between subject matter jurisdiction and personal jurisdiction is crucial to comprehending what jurisdiction actually entails. The authority of a court to issue an order pertaining to a specific person or entity is referred to as personal jurisdiction. The term “subject matter jurisdiction” describes a court’s capacity to hear a specific kind or subject of action.
The National Conference of Commissioners on Uniform State Laws first proposed the Uniform Child Custody Jurisdiction and Enforcement Act in 1997. Since then, 49 states, including Michigan, have ratified it. Massachusetts is the lone holdout. According to Act 195, which was approved in Michigan in 2001, “the authorities and obligations of the court in a child-custody procedure involving this state and a proceeding or party outside of this state” are usually set forth.
In matters involving child custody where one parent lives in the state and the other does not, the UCCJEA is used to decide whether Michigan courts have jurisdiction. According to the legislation, a minor child’s “home state” has authority. How is the home state of a child determined?
The home state is defined by the Michigan UCCJEA as the state in which a child resided with a parent or a person acting as a parent for at least 6 consecutive months immediately prior to the commencement of a child-custody proceeding, or, in the case of an infant under 6 months old, the state in which the child resided with a parent or a person acting as a parent from birth.
What if you have an old case in another state but have since moved to Michigan with your child, or if you currently reside in Michigan but your child is a resident of another state? If this is the case, the other state might have jurisdiction over the matter, or you could use the Uniform Child Custody Jurisdiction Act to start a fresh case in Michigan.
How Do You Change Jurisdiction in Your Divorce & Custody Case
Filling out a Michigan UCCJEA Affidavit is the first step in allowing Michigan courts to identify where jurisdiction for a child custody dispute lies. All hope is not lost if it turns out that jurisdiction is in a different state. You do not yet need to be concerned about traveling to another state for a child custody dispute.
A custody ruling from another state may be transferred to Michigan. There are a number of phases to this lengthy procedure, and even if custody has already been decided in another state, there is no assurance that you will be able to transfer that decision.
You have the best chance of successfully completing this intricate process in accordance with the UCCJEA with the help of an experienced family attorney.
The first step is to file a request with the county clerk in the Michigan county where you currently reside, requesting that the custody decision be moved from another state to Michigan.
You will need to supply a variety of relevant details, such as the circumstances surrounding the current custody arrangement and custody determination proceedings in another state, among other things.
Even if you are unable to do so right now, you can still take the necessary procedures to attempt to transfer custody determination at some point according to the Michigan UCCJEA, which provides guidance for parents wishing to establish Michigan as the jurisdiction for custody decision.
Two distinct uniform acts control the Court’s jurisdiction over children and support in interstate matters. The UCCJEA, which also governs the enforcement of custody and parenting time orders issued by courts in other states, serves as the foundation for identifying which state’s court should handle custody/parenting time disputes. The Uniform Interstate Family Support Act (UIFSA), which establishes a framework for deciding which state’s court shall handle paternity cases and child/spousal support disputes, also controls the execution of support decisions issued by other states.
Subscribe to our YouTube channel today for more advice on Family Law!
Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.