I need to revisit my visitation court order, but I am not sure what state I need to retain a lawyer because we have both moved.

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The court order was filed in NY (10 years ago). I have since moved to Arkansas for work (7 years ago). My ex moved to Pennsylvania (3 years ago). What state do I need to file a petition to alter my visitation and where should I retain my lawyer? I need to do this extremely quick. Any thoughts?

Attorney Answers

3
Justin Bennett ·
It depends on who has primary custody of the child and where the child is living. If your ex has custody of the child, then it would appear that Pennsylvania is where the petition needs to be filed. The NY decree will have to be properly registered in the appropriate PA court. I suggest using to locate a Pennsylvania attorney in or near to the city/county where your ex and the child reside to assist you with this as a PA lawyer will be who you need to speak with.
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Patty Lueken ·
If you and the child live in Arkansas, hire an Arkansas attorney. If your ex and the child live in Pennsylvania, you will need a Pennsylvania attorney. Either way, it will not be really fast as the case will need to be moved from New York and lodged in the local court where the child has resided for at least the last six months. If the child has NOT resided at either location for the last six months, New York may still retain jurisdiction over your case, or it could be the last location where the child lived for over 6 months.
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Leslie Copeland ·
There is a federal law called the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) which says that the state where the child has lived for the last six consecutive months is the "home state" of the child, and the home state has exclusive jurisdiction regarding the custody of the child. If your child has lived in Pennsylvania for at least the last six months (which it sounds like they have), then you need to hire a Pennsylvania attorney to file a petition regarding your visitation. Best of luck!
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