Does the judge that takes custody have to be the one that gives it back?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 13 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.