where is jurisdiction

[frustrated mom]

3 years and 3 months ago I filed for divorce and immediately moved from Tuscaloosa county to Madison county. At the time I had custody of our 18month old child. Our divorce hearings took place in Tuscaloosa since that was where we were living up until I filed. I was granted full custody of our child and we ended up coming up with our own visitation agreement months after our divorce became final. Our current order (which I drew up and got him to agree to) states that visitation is as both parties agree but otherwise will be EOW daytime only supervised by his father in Cullman county which is the halfway point between us. For the past year I have been allowing him to have EOW visitations in Tuscaloosa with his father transporting her from me to him. I have no problem allowing my child to spend time with him now that she can talk and tell me if anything crazy were to happen to her. So far it has worked out ok. My question is, now that me and my daughter have lived in Madison county for over 3 years, if we should have to go back to court for any reason involving custody or visitation, where would the hearing take place? Does it depend on who initiates the hearing? I'm contemplating moving to North Florida sometime in the next year to be closer to my boyfriend who is in the military. I could easily get a job there possibly earning more money and it would also be helpful because he is a single parent as well. I know if I were to move it would probably shake things up with my ex so I realize that it may be in my best interest to just stay put and have a long distance relationship with my boyfriend for the next 3 years. I hate to think that I am possibly missing out on a situation that would really make me and my child happy just so I don't have to battle with my ex. IF I ever decide that I want to move though I'm sure I would need to hire another local attorney to help me build a case to support my cause. Where would the case be heard? Any suggestions on my situation?

[TC]

I'm not an attorney, but I think this is the answer.

If you do nothing at all now legally, since dad still lives in the original county of jurisdiction, that is where jurisdiction resides.

However, if you take action through the local DHR/DHS to domesticate the decree in your current location, there is a good chance you could have jusrisdiction moved to your present location.

As for moving to another state....a lot will depend on the exact verbage in your decree with regard to relocation.

TC

[frustrated mom]

I thought there was something about hearings taking place wherever the child's permanent residence is and that, after 3 years of living in Huntsville, Madison county would be considered her permanent residence. I remember when I first moved telling myself that as long as I could get through the first 3 years everything would be ok because I would never have to deal with that ridiculous Tuscaloosa judge ever again!

[TC]

Not unless you take action to have jurisdiction moved there....basically filling out paperwork...at least that is the way I understand it.

TC

[Me2]

IMHO -- as long as dad stays in the original jurisdiction, it will not change no matter where the mother moves to with the child.

HOWEVER, when dad moves, then mom can file for jurisdiction to move to where the child is as long as she and the child have been there for 6 months.

I've dealt with this between two states -- and that was the verdict.

Dad never moved, so I could not move jurisdiction to where the child was.

[m_t]

You may be able to have venue moved to your current county, but unless Dad moves out of state, you will not be able to move jurisdiction to FL if/when you move.