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Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 25995
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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My husband and I are trying to finalize our babys adotion.

Resolved Question:

My husband and I are trying to finalize our babys adotion. This week we were told we would have to come back to Utah because the judge said so. Baby born in Utah in March, can we just change it and go to court here in N.C. where we live? How much would it cost to switch it if we can? hpw long would it take? What would be the pros and cons.Attorney in Utah has both parents rights terminated and all papers. We just r struggling because the adoption was so expensive and I dont have vacation time left. Already pd utah att
2,000 dollars, they said you hardly ever have to come back.
Submitted: 2 years ago.
Category: Family Law
Expert:  Roger replied 2 years ago.

Hi - my name is XXXXX XXXXX X'm a Family Law litigation attorney here to assist you.

 

If the adoption began in Utah, it must conclude there. You've already submitted to the jurisdiction of the court and it is actually likely that the Utah court is the only court that has jurisdiction over the case (unless the child has lived in NC for more than 6 months.

 

Unfortunately, the judge can order that you comply and return in order to finalize the adoption.

Customer: replied 2 years ago.
yes she has lived here 6 months, what does that mean
Expert:  Roger replied 2 years ago.

In order for a court to have jurisdiction over a person, he/she must have lived in the jurisdiction (city, county, state) for at least 6 months. If not, the court of the person's previous residence would retain jurisdiction.

 

Even if the child has lived in NC for over 6 months, that doesn't allow you to change the venue of the court proceeding.

Customer: replied 2 years ago.
ok, just want to be sure I understand. I have an appt with att in GSO thurs, I told him the situation. Baby born in Utah, we traveled there to get her. Come back to NC after we got interstate clearance to leave the beginning of April. I told him, I just want to be sure you can finalize it, because if I walk thru his door its 200.00. He said yes, but you need to know the pros and cons and he said he would only discuss it in person. So you are saying, thats not true. Since it was started there, it has to end there? Basically he just wants my 200.00? Utah attorney seemed to think it was possible. i just want to know for sure?
Expert:  Roger replied 2 years ago.

Under Utah law, if a parents' parental rights are terminated by the juvenile court, that court has exclusive jurisdiction over the case.

 

The only way to transfer the case is if the judge approves it - and it doesn't sound like that's going to happen.

Customer: replied 2 years ago.
ok, I think I get it. He could let us do it, but we could spend money on a lawyer here, and that same judge could block it? Just like he did our request not to have to travel back. So the attorney here is going to say he can try to make it happen, but no guarantees, because it is in this one judges hands, right?
Expert:  Roger replied 2 years ago.

Once a case is initiated - especially an adoption - the court is not likely to give up jurisdiction over the case because venue is determined at the time the case if filed - not where someone may move after the case starts.

 

The judge can allow a transfer if he/she thinks it is in the best interest of the child, but there is no way to force this.

Customer: replied 2 years ago.
I see, now we didnt move. We livedin NC for years, we just went to Utah to get Abigail, but still his jurisdiction right, so it probably doesnt matter?
Expert:  Roger replied 2 years ago.

The jurisdiction is not set by your residence - it is set by your daughter's residence at the time the adoption was filed - which was Utah.

 

 

Roger, Attorney
Category: Family Law
Satisfied Customers: 25995
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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