36-5-3004 - Procedure to transfer case.
36-5-3004. Procedure to transfer case.
A case must be transferred by the clerk of the issuing court following a request by a requesting party sending the request for the transfer to the clerk of the transferor court. The request shall include the following information:
(1) (A) A sworn statement by the party or the department seeking transfer that, to the best of the requesting party's or the department's knowledge, neither the child or children, the custodial parent/obligee nor the non-custodial parent/obligor resides in the transferor county, and that the child or children currently reside in the transferee county and the child or children have resided in the transferee county for at least six (6) months; or
(B) That the non-custodial parent/obligor resides in the county to which the case is to be transferred and that the custodial parent/obligee and the child or children reside outside this state:
(i) And the requesting party seeks an immediate transfer of the case without the six-month residency period if the custodial parent/obligee does not object; or
(ii) That the child or children and the custodial parent/obligee have resided outside this state for at least six (6) months;
(2) The issuing court's docket number of the case to be transferred;
(3) The name of the other party and, if known, the other party's address and social security number;
(4) The name of the court and address of the clerk of the court to whom the case is to be transferred;
(5) The name and address, if known, of the employer of the obligor if the order has been or may be subject to an income assignment;
(6) That the request for transfer can be contested by the nonrequesting party within fifteen (15) days of the date the notice was mailed by filing a motion for review of the request in the transferor court;
(7) Certification by the requesting party or the department that a copy of the request with the information in subdivisions (1)-(6) has been mailed to the nonrequesting party; and
(8) A copy of a notice, with the address of the nonrequesting party, to be sent by the clerk of the transferor court or the department in Title IV-D child support cases to the nonrequesting party in the event that the case is transferred, which states that the case has been transferred and that all child support payments of the obligor are to be sent, as appropriate, to the clerk of the transferee court or to the department of human services, as the case may be.
[Acts 1997, ch. 551, § 5; 1998, ch. 1098, § 51; 2000, ch. 922, §§ 32, 33.]