Crossing of Jurisdictional Powers

Divorce cases also frequently involve matters of child custody. Even couples who have never officially married must deal with child custody issues if they break up and share a child together. A recent development in a popular music artist’s life sheds light on one of the more complex and dynamic issues facing many divorcing couples and others going through child custody proceedings: jurisdiction.

Post Malone Custody Filings

Music sensation Post Malone filed for child custody in Utah this month. He and his former fiancée never married but share one child together. At the time of writing, reports are conflicting on whether Post Malone filed for custody in Utah first or if his ex-fiancée filed in California first, and Post Malone responded by filing his own bid for a custody proceeding in Utah instead.

All outlets are currently agreed on one thing: a suit for custody proceedings has been filed in both the California and the Utah courts, in short order of one another.

Competing Filings in Different States – Why Does it Matter?

The filing of suits in two different locations matters for a few reasons. A child custody suit will be handled via the laws of the state or venue in which the child custody suit is processed. Some states have laws that are more/less favorable to petitioners. (For example, California would likely award a higher amount of child custody payments than if the suit were processed via the Utah court and rules.)

How Will the Location of the Suit be Decided?

The state that hears the case and processes the custody order will be the one determined to have proper jurisdiction over the suit. Jurisdiction is a lesser-understood, but absolutely vital, component of divorce and child custody cases.

Jurisdiction

Jurisdiction is the power of a court to hear and process a case. In the name of order and to prevent forum-shopping, courts can only process a case that they have a demonstrated interest in. Courts are “interested” in cases that involve people under their jurisdiction. A person comes under a court’s jurisdiction by fulfilling various requirements. Such as living in the state for a minimum amount of time.

Why the Competing Child Custody Filings Matter

Usually, parents and a child will only be able to fill the jurisdictional requirements for one state. This means that the state and state law that will apply to their case is a given. However – if more than one state does, rightfully, have its own jurisdictional interests vested in the case, either venue COULD process the case.

There is nuance here that needs to be discussed with a professional attorney. But, generally speaking, this means that, sometimes, the person who files first is the one who gets to choose the venue in which the case will be tried. In the Post Malone case, it is unclear at this time whether the suit was first filed in Utah or California. But the answer may very well determine the laws by which the custody matter is tried, and greatly affect the final outcome.

Contact Bradley S. Sandler

For more information on how jurisdiction could play a role in your case, contact an esteemed California attorney. Every divorce faces its own unique challenges. Having an experienced divorce attorney in your corner from day one ensures that you have the knowledge and support you need to make the best decisions in your own case. Contact the esteemed divorce attorney at the Law Office of Bradley S. Sandler to further discuss how our legal expertise can be put to work for you.

Sources

https://www.lifeandstylemag.com/posts/who-is-post-malones-ex-fiancee-meet-hee-sung-jamie-park/

https://www.yahoo.com/entertainment/articles/inside-post-malone-custody-battle-190951433.html