Checkout our iOS App for a better way to browser and research.
Except as provided in § 36-5-3001(b), a case that includes child support or custody provisions may be transferred between counties in this state without the need for any additional filing by the party seeking transfer by the filing of a request by the requesting party if:
The requesting party has served the nonrequesting party with the filing seeking the transfer; and
The nonrequesting party has not filed an objection within fifteen (15) days from the date the notice of the filing was mailed.(2) If the nonrequesting party files an objection pursuant to subdivision (a)(1)(B), the objection shall be in the form of a motion for review of the request in the transferor court. If an objection has been filed, the transferor court shall determine whether there is good cause for the transfer. If the court finds good cause for the transfer, it shall transfer the case.
Upon receipt of a request, the case must be transferred by the clerk of the issuing court, without order of the court, to a court of competent jurisdiction in the county where the child or children reside if each of the following applies:
Neither the child or children, custodial parent/obligee, nor the noncustodial parent/obligor currently reside in the issuing county;
The child or children who are subject to the support or custody order currently reside in the county to which the case is to be transferred and have resided there for at least six (6) months; and
No objection has been filed pursuant to subdivision (a)(2).
A case may also be transferred for modification of support or custody to any court of competent jurisdiction in the county in which the noncustodial parent/obligor resides in this state with no six-month residency period if both the child or children subject to the support or custody order and the custodial parent/obligee reside outside this state and the custodial parent/obligee does not object after the provision of notice pursuant to § 36-5-3004. If objection is made, or if the requesting party does not seek immediate transfer without the six (6) month residency period, the requesting party may obtain transfer for modification of the order by demonstrating that the custodial parent/obligee and the child or children have resided outside this state for at least six (6) months. A transfer pursuant to this subsection (c) shall be initiated by written request of the requesting party or department pursuant to this part.
If the case has been transferred pursuant to this part, the fact that one of the parties or the child returns to the transferor county does not, by that fact alone, confer jurisdiction upon the previous transferor court. A transfer to the original issuing court requires compliance with the procedures of this part.
“Custodial parent” for purposes of this part means the person with whom the child resides a majority of the time in a situation where there is an order of joint custody or where there exist parenting plans pursuant to chapter 6, part 4 of this title that address issues of custody.
“Custodial parent” for purposes of this part also includes, in addition to a biological or legal parent having legal custody of a child, an individual to whom legal custody of the child or children has been given by a court of competent jurisdiction.