Jurisdictional Issues and Divorce

It is increasingly common for parties to be divorced in one state and then move to another state and seek to modify the original child custody determination.  So long as at least one party continues to reside in the state that entered the Decree of Dissolution of Marriage, then the original state will generally retain continuing, exclusive jurisdiction to modify the custody provisions of the Decree.

The problem arises, however, when both parties leave the state that entered the Decree of Dissolution of Marriage.  In those instances, the question arises as to which new state would have subject matter jurisdiction to modify the original custody award from the out of state Decree of Dissolution of Marriage. 

Oklahoma and many other states have adopted the Uniform Child Jurisdiction and Enforcement Act.  This Act sets forth the requirements for a state to modify a custody determination of another state.  However, the many sections of this particular Act can be tricky and are commonly misapplied by attorneys who might not be used to dealing with jurisdictional issues in a divorce.  

If you find yourself faced with a situation where you want to modify the custody award from an out of state divorce, you should call one of the attorneys at Brown & Gould, PLLC.  We have the experience needed to maneuver through the jurisdictional hurdles.   Visit www.browngouldlaw.com to contact one of our attorneys. 

www.browngouldlaw.com