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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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 Child Custody Attorney Jennifer Sunderlin Morton.
This educational blog was brought to you by Jennifer Sunderlin Morton, an experienced Saratoga Child Custody Lawyer in Clifton Park.
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