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I have had my kids for the last four years in montana, my ex told me if i signed his Parenting Plan he would let me have the kids so i signed it and have had the kids ever since. he came in aug. and took the kids back to north dakota with him. will the courts in montana or north dakota hear it
Optional Information: State/Country relating to question: Montana Already Tried: I have filed a motion for the judge to amend the parenting plan. i file the case in north dakota
Hello,Thank you for allowing us to assist you with this problem. I am not fully aware of what prior steps you have taken.Under a uniform law called the UCCJEA, the court in Montana should be the court to make the decision on custody since the children have not lived in North Dakota for at least 6 months.
Experience: Practicing Attorney for over 15 years
how do i ask the court here to hear the case our county attorney is never in his office
how do i ask the court here to hear the case our county attorney is never in his office. And he did file custody back in 2007 but when i signed papers i had them from that date.
And he did file custody back in 2007 but when i signed papers i had them from that date.
Sorry for the delay but I just see you posted follow up questions.
Filing papers alone will not be sufficient without a court order. If there is a court order form 2007 that order would still be valid until modified by a newer court order.
You need to go to the court house to request and file a custody petition if there is not prior custody order, or to file a modification of custody petition if there is a prior custody court order. You can not handle this over the phone.