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Ely
Ely, Counselor at Law
Category: Family Law
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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What is the name of your state (only U.S. law) Louisiana I

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What is the name of your state (only U.S. law)? Louisiana
I presently reside in Oklahoma. My kids and I moved from New Orleans 5 years ago. My divorce was settled in New Orleans and I now want to change jurisdiction to the state in which I currently live. How do I go about changing my jurisdiction to an Oklahoma court?
Submitted: 4 years ago.
Category: Family Law
Expert:  Ely replied 4 years ago.
Hello,



My name is XXXXX XXXXX X am one of JustAnswer's attorneys. I'll be helping you resolve your matter today.



It depends on why you want to change jurisdiction - does it have to do with custody/child support or other divorce issues?



Customer: replied 4 years ago.
Jurisdiction change is needed to modify a visitation order and domesticate my divorce in my current state of Oklahoma. Louisiana is my former state of residence and where I was divorced.
Expert:  Ely replied 4 years ago.
Ok,
Jurisdiction in that type of case changes if the child is no longer living in the original county where the divorce is and becomes the state where the child has lived for 6 months and the county where the child has lived for 90 days. However, emergency jurisdiction can be found ANYWHERE if the child is in danger. The jurisdiction changes AUTOMATICALLY. Just file a certified copy of the old court's order with the new petition in the new court. The Court will review the case and if agrees, will request the files from the old Court and will set the matter for a hearing.

Best of luck in your matter! I'm here if you need any more clarification or follow up info.



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Customer: replied 4 years ago.
Thanks Eli, What if I don't have a copy of the old court's order. My divorce was finalized in 2004 with visitation stipulations. However, the visitation has been modified since then. Do I need to attach a copy of the updated order? I don't have the updated order so can I attach the original order
Expert:  Ely replied 4 years ago.
You'll need to attach BOTH. It's very easy to contact the clerk of the county to get an order. If you give me the county/state, I can give you their contact info.



I hope you found my answer helpful, and if so please click on the GREEN ACCEPT button for my answer. This is the only way for me to get credit for my work.



Your question will not close, and you will still have the opportunity to follow-up if and I would be happy to answer any and all of the follow up questions.








Customer: replied 4 years ago.
Orleans Parish, New Orleans La. If I don't attach both will the jurisdiction change be unenforceable?
Expert:  Ely replied 4 years ago.
It won't be unenforcible, but the Court might pass the motion (decline to hear it since it's not complete).Call this number to get info on how to get the papers: Phone:(NNN) NNN-NNNNbr>
Best of luck in your matter! I'm here if you need any more clarification or follow up info.



I hope you found my answer helpful, and if so please click on the GREEN ACCEPT button for my answer. This is the only way for me to get credit for my work.



Your question will not close, and you will still have the opportunity to follow-up if and I would be happy to answer any and all of the follow up questions.



Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.



There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.



Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!



You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to being the question with “This Question is for Eli…”














Customer: replied 4 years ago.

This is for Eli, I've been asking questions because I have already submitted my request for jurisdiction change. However, I did not submit the most recent judgement from Orleans Parish. I didn't have it available. I submitted a prior judgement. The judge here in Oklahoma did sign the judgement to change my jurisdiction. I was petitioned back to court in New Orleans on yesterday (my ex husband filed contempt charges since my jurisdiction was changed) and the judge there mentioned putting me in jail accusing that I fraudulently changed my jurisdiction. I panicked and left the courtroom not wanting to go to jail. Should I go back to the judge here in Oklahoma to rectify this or do I need to hire an attorney in New Orleans to dispute the situation there?

Expert:  lwpat replied 4 years ago.
Since your ex still lives in Lousiana, then that court still retains jurisdiction and you cannot change it unless your ex agrees. This is a Federal law. Here your ex did not agree so the OK court has no jurisdiction and the OK judge cannot rectify this. You need to retain an attorney in New Orleans to assist you. As you can see this is a very fine point in the law and you are not guilty of fraud but of simply not understanding the law. Even the OK judge made a mistake in assuming jurisdiction so you should be excused for thinking that what you were doing was correct.
Expert:  Ely replied 4 years ago.
Family law is state law, not federal law. Child support and child custody issue follow the child and jurisdiction is based on where the child has been for the last 6 months and what county the child has been in for last 90 days. Petitioner in such case doesn't HAVE to change the jurisdiction, but CAN on this principal.Regardless, this sounds like something more than just a simple jurisdiction challenge, and I do not know the contents of your husband's contempt motion. Thus, while I disagree with the above expert, I do agree with his assertion that you need a local attorney. And running out of court is never a good idea.
Customer: replied 4 years ago.
Hi Eli, While visiting with their dad last year my daughter came home with bruises from an alleged whipping that my ex had given her. She was interviewed at school here by DFCS and I was told to seek therapy for my daughter. DFCS suggested I take pics of he alleged abuse and I did. Her therapist suggested I not send her back for scheduled visitation. When I appeared in court this past week I had the pictures and letter from DFCS with me. However, the judge would not view any of my proof concerning my reason for not complying with the visitation order. She allowed the contempt judgment and gave he and his lawyer the decision to make whether to put me in jail or not. I panicked and left the courtroom. She said i committed fraud by filing for a jurisdiction change using my first order of divorce. I know if I go back into her courtroom there's a possibility for incarceration, right?
Expert:  Ely replied 4 years ago.
Without touching the jurisdictional issue, I will answer the contempt question. I am no the Judge and cannot speak for his/her decision. Obviously there is more going on here than initially was put into the original question above. Incarceration due to contempt is rare, and it is somewhat unusual that the Judge gives this decision to the Plaintiff. I can't say what will happen, but I can say that if you can show you acted in GOOD FAITH and with belief that what you were doing was proper, your risk of contempt jail is much less. I advise getting a lawyer, even if you have a payday loan. You are at a disadvantage without one.
Customer: replied 4 years ago.
What is a payday loan? I thank you sooo much.
Expert:  Ely replied 4 years ago.
See this link:http://en.wikipedia.org/wiki/Payday_loan
Expert:  lwpat replied 4 years ago.
This article explains the Federal Law (UCCJA) that governs jurisdiction. OK cannot modify the order of the LA court as long as your ex still lives in LA and does not consent to jurisdiction in OK.

http://www.ncjrs.gov/pdffiles1/ojjdp/189181.pdf


See last sentence middle column page 2.


Edited by lwpat on 10/3/2009 at 4:33 PM EST
Expert:  Ely replied 4 years ago.
I stand corrected. I confused emergency SECTION 204. TEMPORARY EMERGENCY JURISDICTION with ordinary. I backtrack.<BRCustomerThe jurisdiction stays in that court until EVERYONE leaves the state of the original jurisdiction divorce. So if he is still living there, that Court still has jurisdiction. I apologize for the mess-up. And thanks, XXXXX XXXXX your assist.Did you figure out the payday loan matter?

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