What state has proper jurisdiction in a child custody case?

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What state has proper jurisdiction in a child custody case?

The children are enrolled in school in my state. I personally contacted child services to interview the children and see their home life. My ex-wife’s parents have kept my oldest daughter with them in their state and hve not followed the courts order for custody. They have filed in my state to intervene for custody, then ran back to their and filed emergency custody. Can the case be heard in their state or will it be thrown out due to lack of jurisdiction?

Asked on August 14, 2012 under Family Law, Alabama

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The state and county where the marital dissolution was filed with all resulting child custody orders arising from that filing would have jurisdiction with respect to the current child custody issue that you are writing about. From what you have written, if you filed for the dissolution of marriage in the state where you reside then that state and county would have jurisdiction with respect to the child custody matter you are writing about.


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