My question involves a child custody case from the State of: Utah
I'll try to make this simple and brief. This pertains to jurisdiction to modify custody, parenting time and child support.
Divorce filed and entered in home state of UT Final in 2006. Physical custody to Mom. Parenting time to Dad.
Mom moves with children to TN in 2009 with full support of Dad.
Children return to UT for 2 week visit in summer of 2009.
Dad leaves UT in 2010 for Medical School in Nevis. Children do not see Dad for two years.
December 2012 Dad returns to States, flies in to TN to see children for 4 days. Dad is cited for Federal Lacey Act Violations while visiting with children.
Dad then returns to reside in UT.
Mom and children remain in TN with children.
It is now 2015. Children have not been back to UT. Dad has not returned to TN since 2012. Children do not want to go to UT.
Issue:
The biggest challenge I am having with jurisdiction is that Dad is in UT. I need to file for modifications, but because Dad lives in UT, the judge in UT says that he has Exclusive Continuing Jurisdiction. I disagree, however, and I need a specific reference to prove it.
I understand that concept of home state. However, the UCCJEA indicates that the home state only has ECJ when at least one parent remains in the home state. Dad left the home state for two years and then returned. Although he returned, he did not remain as the UCCJEA specifies.
Let me also clarify that Dad did not maintain any real property nor did he pay any property taxes or maintain a residence in the state of Utah while he was away for two years. Nor did he maintain any employment in the State of Utah when he left. He used his parents' home as an address for the purpose of court, but he has used that address as a mailing address for court since 2004 when I filed.
I also have an affidavit from him when he tried to file a Motion for Order to Show Cause admitting that he did not live in Utah during that time frame, but that he intended to return, so that should be enough to maintain jurisdiction.
Am I correct in my understanding that, even though Dad returned to Utah and resides there now, the ECJ of the Utah Court became null and void at the time that Dad moved to Nevis and resided there for two years? If I am correct, can you share with me any legal reference that supports that (case law would be best).
Thanks!
I'll try to make this simple and brief. This pertains to jurisdiction to modify custody, parenting time and child support.
Divorce filed and entered in home state of UT Final in 2006. Physical custody to Mom. Parenting time to Dad.
Mom moves with children to TN in 2009 with full support of Dad.
Children return to UT for 2 week visit in summer of 2009.
Dad leaves UT in 2010 for Medical School in Nevis. Children do not see Dad for two years.
December 2012 Dad returns to States, flies in to TN to see children for 4 days. Dad is cited for Federal Lacey Act Violations while visiting with children.
Dad then returns to reside in UT.
Mom and children remain in TN with children.
It is now 2015. Children have not been back to UT. Dad has not returned to TN since 2012. Children do not want to go to UT.
Issue:
The biggest challenge I am having with jurisdiction is that Dad is in UT. I need to file for modifications, but because Dad lives in UT, the judge in UT says that he has Exclusive Continuing Jurisdiction. I disagree, however, and I need a specific reference to prove it.
I understand that concept of home state. However, the UCCJEA indicates that the home state only has ECJ when at least one parent remains in the home state. Dad left the home state for two years and then returned. Although he returned, he did not remain as the UCCJEA specifies.
Let me also clarify that Dad did not maintain any real property nor did he pay any property taxes or maintain a residence in the state of Utah while he was away for two years. Nor did he maintain any employment in the State of Utah when he left. He used his parents' home as an address for the purpose of court, but he has used that address as a mailing address for court since 2004 when I filed.
I also have an affidavit from him when he tried to file a Motion for Order to Show Cause admitting that he did not live in Utah during that time frame, but that he intended to return, so that should be enough to maintain jurisdiction.
Am I correct in my understanding that, even though Dad returned to Utah and resides there now, the ECJ of the Utah Court became null and void at the time that Dad moved to Nevis and resided there for two years? If I am correct, can you share with me any legal reference that supports that (case law would be best).
Thanks!
Interstate Issues: Uccjea and Modification Jurisdiction
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