Can you take your ex back to court for visitations changes in a different state than you got divorced in?

Asked 4 months ago - Everett, WA

Both parties no longer live in WA state but the mother refuses to abide by the joint custody agreement and doesn't let father see or speak to the children. Can he take her to court in the state he lives in now (FL). Mother has moved (without permission from father as court papers state she needs) to ID.

Attorney answers (4)

  1. Melissa Marie Denton

    Contributor Level 12

    2

    Lawyers agree

    1

    Answered . Since no one in the case now lives in WA and there was no actively litigated case going on at the time this happened, WA does not have subject matter jurisdiction. I recommend seeking advice from a lawyer in the county where the child lives now. ID will honor orders entered in WA. You will need a certified copy of the parenting plan from WA, which can be obtained online. Best wishes for getting this sorted out.

  2. Thuong-Tri Nguyen

    Contributor Level 20

    2

    Lawyers agree

    Answered . "Can you take your ex back to court for visitations changes in a different state than you got divorced in?" The answer to that question is "yes".

    However, in your case, the state with jurisdiction likely is either WA or ID. It would be WA if the child has not been away from WA for more than 6 months. It would be ID if the child has lived in ID for at least 6 months.

    You should review the specific facts with your attorney to find out your legal options.

    Thuong-Tri Nguyen
  3. Emily Laz

    Contributor Level 12

    2

    Lawyers agree

    Answered . I agree with the above answers. If the child has been out of WA for more than 6 months or mom and child have no intent to move back to WA, then contact an attorney in the county where your child lives. Good luck.

  4. Michael John Gainer

    Contributor Level 14

    1

    Lawyer agrees

    Answered . No. He can't do anything in FL. If kid's primarily with mom and has gone to school wherever mom is, you're not going to get anything from the court about her not giving notice of relocation, etc. Don't waste your time with that. However, if the Parenting Plan provides for visitation and she's not allowing, make sure he communicates when and where he wants visitation under the Plan and he cooperates. If he's still not getting, file a motion for contempt in ID at same time you file PP in ID for enforcement.

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