My spouse filed for divorce (uncontested) in November 2011 in the state of Kentucky, although we had a major disagreement on child vistation. I, of course filed my counter petition to this in the allotted time and have not heard or received anything from the courts or her lawyer. I filed my divorce paperwork here in Maryland recently and now have our daughter as stated in my paperwork until something is worked out in the courts. I would like to know if my case file takes precedence over hers or can she file a motion for a hearing for visitation in Kentucky and force me to go to court there?
1 Answer from Attorneys
Generally if jurisdiction was proper in either jurisdiction, the earlier filed case would take precedence unless that court defers to the other court given the residence of the child. Along with your counterpetition in KY you should have filed an answer to her complaint, and she should be filing an answer to your counterpetition. You should contact the KY court to make sure they have your papers on file there, and to find out whether any hearings have been scheduled. You would be wise to retain KY counsel who is familiar with family law and can protect your rights there.