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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 34832
Experience:  Attorney with 16 years experience
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I am a CT resident who moved to PA 3 years ago and then back

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I am a CT resident who moved to PA 3 years ago and then back to CT 8 months ago. I currently have an active custody order in CT but while in PA, a PA custody order was issued. Now that I'm back in CT, the court clerk in CT says my CT custody is active and enforceable but what about the PA order? The non-custodial parent was never a resident of PA and myself and child haven't live in PA in over 6 months. I need to know which custody order I am to adhere to.  Clerk in CT court says they never gave up jurisdiction and there is no record of a request having been made.  No one lives in PA and hasn't for over 8 months but can PA say they have jurisdiction?

Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
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No one lives in PA and hasn't for over 8 months but can PA say they have jurisdiction?
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When a parent files a custody action regarding a child in one state, that state has "exclusive and continuing jurisdiction" forever unless either parent files an action in another state to have the new state accept jurisdiction and the old state agrees to transfer it.
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So if no one ever filed the motion in PA to transfer the case and CT never agreed to give up jurisdiction, then CT still has it and any order PA put in place is not enforceable because they never had jurisdiction to make it in the first place.
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Basically it was inappropriate for PA to ever issue any type of order or ruling in the case without receiving approval from CT to assume jurisdiction.
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Thanks
Barrister
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