My ex boyfriend is trying to get custody of our daughter. His attorney filed the case in circuit court. Is there a way to get the case moved to juvenile court? If the case was filed in the best interest of our child, shouldn't it have been filed there to begin with? Our daughter is 2 years old and he has not contacted me in 15 months.
You have to file it in the court that has the proper jurisdiction. Circuit Court and Juvenile Court don't have the same jurisdiction, so there is no choice of where to file. If he filed in Circuit and they have the jurisdiction, then it will stay there. If they don't have jurisdiction, then it'll be dismissed for him to file in the proper place. So, I guess to answer your question, the way to get it moved is to challenge jurisdiction.
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