Announcement

Collapse
No announcement yet.

Interesting Jurisdictional Issue Delaware

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • familyguy23
    started a topic Interesting Jurisdictional Issue Delaware

    Interesting Jurisdictional Issue Delaware

    We have what we feel is a strange situation (it may be clear-cut but we are not sure) We need to make filings in this case, but are not really sure what state needs to be filed in.

    Mother and Father were married in Ohio and had a son.

    Due to domestic violence issues, mother and child returned to her home state of Indiana, where she ultimately was given a protective order.

    Father filed for divorce in Ohio.

    Ohio heard the case, giving mother residential placement of the child in Indiana, with the father only geting visitation once a month.

    Father had on-again, off-again visits with the child until he was 2.

    Mother moved to Delaware when the child was 3, and has lived there since.

    Mother has since remarried. The child is now 7.

    Although the father has continued to pay child support, there has been no contact with the child for the last 5 years.

    We know that the father continued to live in Ohio, moved to Pennsylvania, and now lives in Ohio again but we do not know address or any other info.

    The mother wants to file a termination of parental rights and allow the child to be adopted by the child's step-father.

    What state would have jurisdiction in this case? Would it be Ohio, the original state that made the order, or would it be Delaware, the permanent home state for the last 4 years?

    We know Delaware has clear-cut laws for TPR but we cant seem to find anything in Ohio law about it except for agencies.

    Is there a process for determining the proper venue?

  • xena
    replied
    Originally posted by familyguy23 View Post
    We have what we feel is a strange situation (it may be clear-cut but we are not sure) We need to make filings in this case, but are not really sure what state needs to be filed in.

    Mother and Father were married in Ohio and had a son.

    Due to domestic violence issues, mother and child returned to her home state of Indiana, where she ultimately was given a protective order.

    Father filed for divorce in Ohio.

    Ohio heard the case, giving mother residential placement of the child in Indiana, with the father only geting visitation once a month.

    Father had on-again, off-again visits with the child until he was 2.

    Mother moved to Delaware when the child was 3, and has lived there since.

    Mother has since remarried. The child is now 7.

    Although the father has continued to pay child support, there has been no contact with the child for the last 5 years.

    We know that the father continued to live in Ohio, moved to Pennsylvania, and now lives in Ohio again but we do not know address or any other info.

    The mother wants to file a termination of parental rights and allow the child to be adopted by the child's step-father.

    What state would have jurisdiction in this case? Would it be Ohio, the original state that made the order, or would it be Delaware, the permanent home state for the last 4 years?

    We know Delaware has clear-cut laws for TPR but we cant seem to find anything in Ohio law about it except for agencies.

    Is there a process for determining the proper venue?
    Because the ex cannot be located to be properly served, you really need to hire an attorney for this. You should get a short consult with a local attorney who will be able to tell you if it's possible to register the existing order in Delaware, and what you need to do. Consults are usually inexpensive and well worth the small expense.

    Leave a comment:

Working...
X