Hey, I’m a bit confused about how the UCCJEA works with jurisdiction. So, the jurisdiction for a parenting plan is in Kansas, but now the child lives in Indiana. Can the parent in Indiana change the jurisdiction to Indiana if nothing material has changed? Is there any way to make that happen?
I believe the jurisdiction is supposed to stay where the kids are living full time. So, in this case, it’s still Kansas unless something major changes. I don’t think they can just change it because they want to move it to Indiana.
@Zoey
Right, the parent would need to file a Petition to ask Kansas to give up jurisdiction for Indiana to take over. But it’s not just about wanting to move, there has to be a change in the child’s situation.
Yeah, my understanding is that the parent would need to prove the child is now a permanent resident of Indiana before changing jurisdiction. Just wanting to switch it up isn’t enough.
Gabi said:
Yeah, my understanding is that the parent would need to prove the child is now a permanent resident of Indiana before changing jurisdiction. Just wanting to switch it up isn’t enough.
Exactly. If the child is still living in Indiana, then the parent might be able to file to change the jurisdiction, but only after going through a legal process.
I don’t think they can change it just because they want to. The court order from Kansas still stands unless the situation changes. So unless the child has been living in Indiana for a long time, that’s probably not going to happen.
What if the mother already moved the child to Indiana 6 years ago? Is that enough of a reason to change jurisdiction? I don’t get how that works.
Baylen said:
What if the mother already moved the child to Indiana 6 years ago? Is that enough of a reason to change jurisdiction? I don’t get how that works.
Even if the child has been in Indiana for a while, the jurisdiction would still be Kansas unless the court decides to change it. There’s a custody order in Kansas, so it’s not as simple as just moving.
So if the jurisdiction is in Kansas and there’s already a custody order, the mother can’t just change it to Indiana because she wants to? Even after 6 years?
Shane said:
So if the jurisdiction is in Kansas and there’s already a custody order, the mother can’t just change it to Indiana because she wants to? Even after 6 years?
Nope, not unless there’s a valid reason to change. A court might look at where the child has been living for the past 6 years, but they still have to follow the process. A change in jurisdiction isn’t automatic.