I moved to Indiana and established residency. My ex and son stayed in Ky. She couldn't or wouldn't file for divorce so I did in Indiana. It was granted and so was custody with agreement to everything and not going to court. I recently filed for modification of custody here in Indiana. After her finding this out, she filed for a change of venue. Will that be granted if I still live here on Indiana and do not want it changed?
Indiana may have gained jurisdiction over you and could grant your divorce but it is unclear to me if Indiana ever gained jurisdiction over your child. Find an attorney to consult with because there are some questions an attorney will want to ask before being able to fully advise you.
The information you obtain from me at this site is not, nor is it intended to be, legal advice. No attorney client relationship is created by me answering your questions. This is general information only and you should consult an attorney for advice regarding your individual situation. I am an independent licensed to practice law in Florida and Kentucky. My office is located in northern Kentucky.
You will probably need to consult an Indiana attorney about this matter. From the facts you provided it appears that the divorce was granted in Indiana and that was by agreement with your ex (including an agreement regarding custody issues even though your ex and child resided in Kentucky at the time).
The answer to your question is based solely on the limited facts presented and is not a substitute for an in depth, in person consultation with an attorney of your choosing in your state, which this provider suggests prior to taking any action. Furthermore, this does not establish an attorney-client relation and should not be relied on for same.
I would concur with my colleagues. If Indiana had jurisdiction over the custody/parenting time issues at the time, KY may or may not be able to get jurisdiction. This is quite complex--the legal procedures involved, so it would be well worth your time to consult with an attorney in IN who is familiar with the UCCJEA/UCCJA.
Responses are general in nature and do not create an attorney-client relationship. For specific advice it is advisable you retain legal counsel of your choosing.
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