I have a child who I had in Kentucky. Her dad lives in KY also.?

Question

I remarried and moved over the border of Kentucky into Indiana 6 years ago. We never signed an agreement, he just didn't stop us or try to stop us. 

My husband has now been relocated to St Paul Minnesota with the job he has been at for 9 years. He left December 31st. We plan to relocate with him in May after the school year. I informed him of this December 13th. 

He is now filing in Kentucky that I can't move out the state of Kentucky (we already have lived outside of the state of Kentucky since May of 2006). Does Kentucky still have jurisdiction over this or does Indiana?

wendy c · Accepted Answer

was there EVER ANY court involvement in Kentucky? 
If no, then your present state is what would be considered the HOME STATE OF THE CHILD. And, any court action has to be filed in THAT STATE. If there was any court case originally in KY then they could still "hold" jurisdiction. He can't file there if she hasn't lived there in 6 yrs. And its like trying to go back and prevent something retroactively (not gonna be likely to happen). 
Read this carefully...then take time to talk to a lawyer there, so it can be determined where is the proper place for any court case. 
http://www.law.upenn.edu/bll/archives/ulc/uccjea/final1997act.pdf

? · Answer

You need to comply with the original divorce custody agreement.  Since you are moving to Minnesota, you will need to renegotiate that agreement.  

However, if your ex has not been paying his child support, I suspect that he will avoid court, since they will force him pay up before they do anything else.

Spock (rhp) · Answer

good question for an attorney in Indiana [where you are now].

btw, he does not have to permit you to move in with him, unless he has custody of your daughter, in which case, she may have the legal right, but you do not.

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I have a child who I had in Kentucky. Her dad lives in KY also.?

3 Answers