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    vt mom's Avatar
    vt mom Posts: 5, Reputation: 2
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    #1

    Apr 26, 2009, 09:06 AM
    Moving cusotdy order from nh to vt
    I moved to VT 7 months ago with my two children; ages 14 and 9. I have custody, their father has supervised visitation, I want to move my custody and child support case to VT but have been told that because dad still lives in NH, I can't--HELP!!
    cadillac59's Avatar
    cadillac59 Posts: 1,326, Reputation: 94
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    #2

    Apr 26, 2009, 12:11 PM

    What you were told is 100% correct.

    As long as the dad continues to reside in NH, NH has continuing exclusive jurisdiction over both child custody and child support.

    The only way VT could pick up jurisdiction over child support would be for the dad to consent in writing or open court to it. The only way VT could acquire custody (again assuming the dad continues to reside in NH) would be for a NH court to decide to give custody up and allow it to go to VT (which is highly unlikely).

    That's about it. If you want to read the law on the subject you can Google or wikipedia The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (regarding child custody jurisdiction) and The Uniform Interstate Family Support Act (UIFSA) (regarding child support).
    Sunflowers's Avatar
    Sunflowers Posts: 218, Reputation: 23
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    #3

    Apr 26, 2009, 12:18 PM

    Why do you want to move the cases to VT? Are you planning continuing court actions?
    vt mom's Avatar
    vt mom Posts: 5, Reputation: 2
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    #4

    Apr 26, 2009, 04:50 PM
    Quote Originally Posted by Sunflowers View Post
    Why do you want to move the cases to VT? Are you planning continuing court actions?
    He is about to be released from probation(he has been to jail 10 times) I know he is going to petition to have his visits be unsupervised- I also would like to has his child support returned to what it was before he went to jail- it it be more convenient for me if the court was in my area
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    Apr 26, 2009, 05:57 PM

    Was there a issue about your moving, what did the court order say, I ask only because many restrict moving out of state without permission of the other parent

    But the court will have to remain in the old state unless it is for some emergancy action or the husband may agree to the change
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Apr 26, 2009, 06:00 PM

    NH and VT are not real far from each other. While it may be an inconvenience it should not be a hardship to have to continue with NH courts.
    vt mom's Avatar
    vt mom Posts: 5, Reputation: 2
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    #7

    Apr 26, 2009, 06:06 PM
    Quote Originally Posted by Fr_Chuck View Post
    Was there a issue about your moving, what did the court order say, I ask only because many restrict moving out of state without permission of the other parent

    But the court will have to remain in the old state unless it is for some emergency action or the husband may agree to the change
    My exhusband was in jail for time #9 when we moved, something I did to bring my daughter closer to a family horse farm where her horse lives
    vt mom's Avatar
    vt mom Posts: 5, Reputation: 2
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    #8

    Apr 26, 2009, 06:09 PM
    Quote Originally Posted by Fr_Chuck View Post
    Was there a issue about your moving, what did the court order say, I ask only because many restrict moving out of state without permission of the other parent

    But the court will have to remain in the old state unless it is for some emergancy action or the husband may agree to the change

    No issue, he was in jail, wanted to move closer to my daughters horse who lives on the family farm
    vt mom's Avatar
    vt mom Posts: 5, Reputation: 2
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    #9

    Apr 26, 2009, 06:11 PM
    Quote Originally Posted by ScottGem View Post
    NH and VT are not real far from each other. While it may be an inconvenience it should not be a hardship to have to continue with NH courts.
    Being as I am a single mom on a fixed income, the hardship would be missing a whole days pay and needing to be sure I had the gas money to get down there, its about 3 hours one-way
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