Can I sue someone if I’m in one state and they are in another?

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Can I sue someone if I’m in one state and they are in another?

My child’s father tried to keep my daughter after it was agreed to have her back 2 weeks before school. Because of his anger for some reason, he tried keeping her longer and saying flights were full and gave me the runaround. I ended up the same week school was starting, booking flights for me and my child, and to get her only to find out her father was in FL with his girlfriend and my daughter was in MA. I got the police involved and to my surprise, I caught her father at the airport catching a taxi. I want the money that I spent back since my daughter flies free by him.

Asked on September 10, 2011 under Bankruptcy Law, North Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You can sue a person residing in one state where you live in another. The issue is which state has the proper venue (location) for the filing of the desired lawsuit.

In your situation, rather than filing a new action against your former spouse for what recently transpired, you might consider filing a petition against him for what transpired and your claimed damages in any existing child custody matter that is in existence with respect to your daughter. Potentially the child custody matter might have been filed in the state you reside in arising out of any marital dissolution action.

By filing such a petition in an action where the court has existing jurisdiction over the parties, you would save time and money in doing so.

Good luck.


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