Can I move a custody/visitation case from NH to VT?
Question Details:
I have sole custody of my two children, 14 and 9. We moved from NH to VT in Sept. 2008. Dad has supervised visitation and wants to change that. I want to move the case here to VT where the kids I and live, dad lives in NH. I understand that I cannot move the child support because dad still lives in NH, but can I move the custody/visitation?
Technically Vermont will be the children's home state after they have lived here for 6 months. However, if dad files a motion in NH, you can respond that the case should be heard in VT since the children now reside in VT. You would then file a motion in VT with a copy of your vistation order and ask the VT family court to take jurisdiction. I believe you are mistaken about the child support issues. You should also contact the Vermont Office of Child Support about addressing child support issues through Vermont. There is an interstate compact act and you can decide to pursue child support issues through Vermont, in which case, Vermont OCS will get assistance from the NH OCS.
