[LmWhite]

What happens to the current court order when jurisdiction is changed?

We have began the process of taking my step-sons mother back to court for contempt (she has already been found once). She and my step son no longer live in OH and she wants to change jurisdiction to IN, where they live. I need to know if we would still have the same visitation in our current order until IN gives us a new order and if IN would be able to find her in contempt on the order from OH.

Any help on this would be much appreciated.

[stinawords]

Does your husband want the jurisdiction changed? If not he can request that the jurisdiction stay in OH because he didn't move. That would be easier because when there really isn't any predicting what the judge will decide. Obviously if there is a great deal of "new" distance between the mother and father there will have to be an adjustment in the visitation schedule. Did she move without the fathers approval? If so he should have filed right away in OH. How long ago did she move? These are all important to the case at hand.

[LmWhite]

She moved about 5 years ago, with approvial and the visitation was adjusted. My husband joined the military after the court order was issued so no longer resides in Ohio, even though he is still an Ohio resident. We don't mind changing jurisdiction, we are just wondering if we need to settle the contempt matters in Ohio before the switch and, because the mother always seems to find any reason to deny visitation, we need to know if the current order would hold until the new one is created.

[stinawords]

Yes, the existing order will hold until another one is ordered. Indiana may just choose to uphold the order because it was already adjusted but my modify it again based on the fact that he is in the military (if that has an affect on visitations and since you said he no longer resides in OH I'm guessing it does).

[LmWhite]

Thank you for your help.
We are planning to modify the visitation or possibly custody.