When deciding on a child custody agreement, you may experience a lot of frustration. Something that can amplify this is if your spouse files a petition in another jurisdiction. Hiring an experienced New York divorce lawyer can help solve these child custody petition issues.
Child Custody Petition Issues | Changing the Jurisdiction
As a dedicated Saratoga Child Custody Attorney, I am often asked if it is possible to change the jurisdiction of a child custody petition. It is appropriate to initiate a custody petition in any county where either parent or the child resides. If, however, the other parent files their petition in a county that is inconvenient for you, you – or your attorney – can file a motion requesting the court to designate that county an inconvenient forum. If that motion is granted, the family court can move the proceedings to the county where you reside.
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Child Custody Petition Issues | Evaluating the Factors
In its effort to determine whether a county is an inconvenient forum, the court will consider where the parties reside, how long they’ve resided there, where the child resides, and where most of the witnesses can be found. Oftentimes, the court will evaluate all those factors – based on your specific circumstances – to determine the best place for your matter to be heard. If someone has initiated a family court proceeding in a county far away from your home, your best option is to consult with an experienced family and matrimonial attorney who can help you. That attorney will submit your motion to the court and present the facts of your case in the most compelling manner.
Have you received a custody petition that is out of your county? Contact dedicated Saratoga, New York Child Custody Attorney Jean Mahserjian. Call today to discuss your child custody petition issues.
