If I currently have temporary custody of my daughter and have moved to a different state, do I fight for full custody here or in the original county?

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If I currently have temporary custody of my daughter and have moved to a different state, do I fight for full custody here or in the original county?

I am set to go back to court on her 2nd birthday (actual court date unset). We moved so that I can support her and now want full custody and nothing to do with her father (who she hasn’t seen her in months). He has every other weekend with her which he hasn’t wanted to do. Does the court get moved to the county we live in now or does it stay in the original county that the custody battle started?

Asked on October 29, 2011 under Family Law, Oregon

Answers:

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

Answered 9 years ago | Contributor

The general rules regarding the application for custody determinations is that the application for modification or determination must be made in the county in which the child resides.  A court can only obtain jurisdiction - the right to make a decision about the child - if the child resides in their state and county.  Otherwise the court cannot make a determination.  Now, there may be some thing that you need to do procedurally about registering the temporary order of custody and visitation in the new county so I would seek some help here. Try legal aid or legal services of you can not afford an attorney.  I hope that it is not a battle.  Good luck.


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