§ 36-5-3007 — Contest of transfer

(a) A party may contest the transfer of the case by filing a motion in the transferor court for that purpose within fifteen (15) days of the mailing date of the notice from the requesting party. Unless it is shown by the nonrequesting party that notice of the request for transfer was not received, failure to contest the transfer request within the fifteen-day period waives an objection to the transfer request. (b) The contest of the transfer shall be limited to whether: (1) One (1) party or the child or children continue to reside in the transferor county; (2) The child or children have resided in the transferee county for at least six (6) months; or (3) In the case of a request for transfer alleging the child or children are residing outside this state: (A) The noncustodial parent/obligor resides in the county to which the case is to be transferred; or (B) (i) If the child or children have not resided outside this state for at least six (6) months, the custodial parent/obligee objects to the transfer; or (ii) The child or children and their custodial parent/obligee have resided outside this state for at least six (6) months.

Legislative History

Acts 1997, ch. 551, § 5; 1998, ch. 1098, §§ 53, 54; 2000, ch. 922, § 35.