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Jiro76 · Jan 5, 2013, 08:20 PM

I got a divorce in Idaho while my ex-wife was in jail on charges in another state (Washington) and got sole custody. The two children and I moved to the state where the mother is but have not really given her visitation given her unstable lifestyle. There is no visitation order in the decree except it states " Whatever can be agreed upon". Now my ex-wife is threatening to go to the Idaho courts to change the order forcing me to go back to court there and deal with this. Can she really make me go back to Idaho to change the custody arrangement? This would affect my employment and everything going back and forth to court all the time in another state. What do I need to do legally? What would I have to do legally?

Fr_Chuck · Jan 5, 2013, 08:30 PM

Yes perhaps, that is where the current divorce and child custody is at.

If she is out of jail and living in Washington State, you can fight it since she also moved out of state. And ask for it to be in your current state.

Also you if have not, could go to the current state court asking for it to be moved there and for child support

Jiro76 · Jan 5, 2013, 08:36 PM

The problem with that is she lives on the other side of the state and would not get more than supervised visitation given her record and treatment of the children. If it is a supervised situation would she have to most likely come to our city or would we have to go to her?

cdad · Jan 5, 2013, 08:45 PM

Jurisdiction should dictate that it is closest to the children. So she would have to come to you or at worst case you would meet 1/2 way at a center that can handle supervised visitation.

AK lawyer · Jan 6, 2013, 07:41 AM

Originally Posted by Jiro76

... threatening to go to the Idaho courts to change the order forcing me to go back to court there and deal with this. Can she really make me go back to Idaho to change the custody arrangement? This would affect my employment and everything going back and forth to court all the time in another state. ...

Whether she can indeed pursue this in Idaho depends upon whether she is still a resident of Idaho. If so, the Idaho courts would have exclusive jurisdiction under the UCCJEA.

But that is not to say that you need to move to Idaho, or even go there, in order to litigate the case. Contact an Idaho attorney to see.