Does the judge that takes custody have to be the one that gives it back?

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Does the judge that takes custody have to be the one that gives it back?

The kids used to live in TN with me and their father lived in WI. The judge took custody from me and DCS took them to live with their father. Do I have to go to WI to fight for custody or do I have to fight with the original judge that took custody to get them back?

Asked on February 18, 2011 under Family Law, Tennessee

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

So it is the Judge in Tennessee that issued the order to remove them from your household and gave custody to their Father in Wisconsin?  Generally speaking you need to bring the case before a judge in the state in which the children reside, as that court and that Judge will have "jurisdiction" over the children and be able to rule on the issue of custody and who they will be residing with. That is why a Judge in Tennessee issued the order - they lived with you at the time.  I would hire yourself an attorney in Wisconsin as well.  THis way you may not have to travel back and forth for every appearance.  The attorney can appear on your behalf in alot of instances. Good luck to you.


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