Fighting For Custody Over Your Children - Jurisdiction Issues
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Posted: 08/23/2011
Michigan Divorce Attorney - Jurisdiction Issues - Which Court Hears My Case
Due to the current economic situation and also, in part, due to the ease in which we currently travel, Jurisdictional issues are becoming a larger part of Divorce and Custody proceedings. Several cases handled by The Cutler Law Firm address disputes as to where the minor child attends school, resides and/or spends his/her summer vacations. These issues become complicated when the parents reside in different counties or states. The Experienced Attorneys at The Cutler Law Firm have successfully argued its client’s claims to retain physical custody over the other party’s attempts to remove the children to different jurisdictions. In the past, Divorce Attorneys were rarely asked to argue topics of this nature, however they must now be armed with the experience and knowledge to demand that the Courts to accept and retain jurisdiction over these domestic issues. Courts are reluctantly to accept and retain jurisdiction over cases, choosing to “pass the buck” to another courthouse. Counsel must be willing to face the Judge in open Court while on the record and demand that the case be heard locally.
The Law Regarding Jurisdiction
The Uniform Child-Custody Jurisdiction and Enforcement Act was adopted by the State of Michigan MCL722.1101 et seq. That Act was adopted for the specific purpose of determining whether a state should take jurisdiction over child custody disputes. Atchison Michigan Court of Appeals decision, 2003. When a case is initiated in a Circuit Court, that Court retains Jurisdiction, until such time when the Court enters an order transferring that Jurisdictional authority.
The Jurisdiction of the “home state” has priority over another state’s claim of authority. (section 3 of the UCCJA) The “home state” is the location where a Court has already made a child-custody determination or where the child resided when the action commenced, involving issues of custody.
MCL 722.1202 provides, in relevant parts;
(1) except as otherwise provided in section 204, a court of this state that has made a child-custody determination consistent with section 201 or 203 has exclusive, continuing jurisdiction over the child-custody determination until either of the following occurs:
(a) a court determines that neither the child, nor the child and one parent, nor the child and a person acting as a parent have a significant connection with this state and that substantial evidence is no longer available in this state concerning the child’s care, protection, training, and personal relationships.
(b) a court of this state or a court of another state determines that neither the child, nor a parent of the child, nor a person acting as the child’s parent presently resides in this state.
If you wish to discuss these issues with an experienced child custody attorney, contact The Cutler Law Firm at 248-489-8780 or complete Michigan Divorce Attorney - Jurisdiction Issues - Which Court Hears My Case
Due to the current economic situation and also, in part, due to the ease in which we currently travel, Jurisdictional issues are becoming a larger part of Divorce and Custody proceedings. Several cases handled by The Cutler Law Firm address disputes as to where the minor child attends school, resides and/or spends his/her summer vacations. These issues become complicated when the parents reside in different counties or states. The Experienced Attorneys at The Cutler Law Firm have successfully argued its client’s claims to retain physical custody over the other party’s attempts to remove the children to different jurisdictions. In the past, Divorce Attorneys were rarely asked to argue topics of this nature, however they must now be armed with the experience and knowledge to demand that the Courts to accept and retain jurisdiction over these domestic issues. Courts are reluctantly to accept and retain jurisdiction over cases, choosing to “pass the buck” to another courthouse. Counsel must be willing to face the Judge in open Court while on the record and demand that the case be heard locally.
The Law Regarding Jurisdiction
The Uniform Child-Custody Jurisdiction and Enforcement Act was adopted by the State of Michigan MCL722.1101 et seq. That Act was adopted for the specific purpose of determining whether a state should take jurisdiction over child custody disputes. Atchison Michigan Court of Appeals decision, 2003. When a case is initiated in a Circuit Court, that Court retains Jurisdiction, until such time when the Court enters an order transferring that Jurisdictional authority.
The Jurisdiction of the “home state” has priority over another state’s claim of authority. (section 3 of the UCCJA) The “home state” is the location where a Court has already made a child-custody determination or where the child resided when the action commenced, involving issues of custody.
MCL 722.1202 provides, in relevant parts;
(1) except as otherwise provided in section 204, a court of this state that has made a child-custody determination consistent with section 201 or 203 has exclusive, continuing jurisdiction over the child-custody determination until either of the following occurs:
(a) a court determines that neither the child, nor the child and one parent, nor the child and a person acting as a parent have a significant connection with this state and that substantial evidence is no longer available in this state concerning the child’s care, protection, training, and personal relationships.
(b) a court of this state or a court of another state determines that neither the child, nor a parent of the child, nor a person acting as the child’s parent presently resides in this state.
If you wish to discuss these issues with an experienced child custody attorney, contact The Cutler Law Firm at 248-489-8780 or complete THE CONTACT FORM
Michael H. Cutler, Esq.
38275 West Twelve Mile Rd.
Suite # 102
Farmington Hills, Michigan 48331
(248) 489-8780
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Posted: 09/06/2011
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Posted: 08/19/2011
Make Your first Choice of Legal Counsel, Your Best Decision.
The Cutler Law Firm has over 20 years experience in the legal field throughout Washtenaw County and the entire State of Michigan. Our office has worked with some of the best...
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Posted: 08/18/2011
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Posted: 08/16/2011
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Posted: 08/15/2011
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