Maxim Smith

Local, Interstate and International Divorce and Family Law

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    • Allison Maxim
    • Tara Smith
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Interstate Family Law Experience

Divorce – Husband – Jurisdiction Issue

Client’s Situation:  Wife moved to another state with the parties’ two children.  She did not consult Husband or obtain his approval to take the children with her; however, Husband did not object.  The parties lived in separate states for approximately six months and then Husband filed for divorce in Minnesota.  Wife filed a petition for custody in the other state.  The Minnesota court had to decide whether it had jurisdiction over child custody under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which says that if the children reside in a state for six months, that state has jurisdiction to determine custody, unless it is a temporary absence from the children’s “home” state.

Allison’s Approach:  Submitted a very detailed affidavit to the court in which Husband explained that the children had only been temporarily absent from Minnesota and that Minnesota was the state in which the bulk of the information about the children was located (more convenient forum). 

Result:  Minnesota retained jurisdiction to determine child custody.

Minnesota Forest
  • Home
  • About
    • Team
    • Allison Maxim
    • Tara Smith
  • Practice Areas
    • Divorce and Family Law
    • Domestic Violence Law
    • Friendly Divorce Law
    • Gray Divorce
    • Interstate Family Law
      • Child Support
      • Custody Disputes
      • Interstate Divorce
      • Family Law Experience
      • Relocation and Child Abduction
    • International Family Law
      • International Custody Disputes
      • International Divorce
      • International Family Law Experience
      • International Relocation and Child Abduction Attorney
      • International Child Support Attorney in St. Paul, MN
    • Collaborative Law
  • Resources
    • Mindful Family Law
    • Family Law Videos
    • Divorce Matrix
    • Social Justice Scholarship
  • Blog
  • Make a Payment

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Recent Posts

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Maxim Smith Family Law PLLC

Grand Hill Professional Building
333 Grand Avenue, Suite 201
St. Paul, MN 55102
Phone: 651-294-2407
Allison@MaximSmithFamilyLaw.com
Tara@MaximSmithFamilyLaw.com
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Located in St. Paul, Maxim Smith represents clients in the Twin Cities area, including Minneapolis, Shoreview, Roseville, Maplewood, Mendota Heights, Edina, Woodbury and St. Louis Park. Learn More →

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