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Abandonment court Ohiogal ?

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4

45Frank

Member
What is the name of your state (only U.S. law)? Div in NJ Live in NC
Ok I've had this subject visited before. Ohiogal and a few others have given answers I'm not getting from local attorneys. Many regarding UCCJEA. I need this explained?

I have custody of my children, legally I didn't run.
The Mom hasn't contacted us in 3.5-4 years.
Mom hasn't paid voluntary CS in nearly 6 years.
We have been in NC 5 .5 years now.

As I stated in past post I have interviewed lawyers in my area, I interview pretty well. I ask how many cases they handled in this court, how many adoptions, abandonment etc.
I have settled on one and have to bring back past court orders on Monday afternoon. Not that I don't understand or trust them but I keep reading about this UCCJE from many here.

I asked all three the questions regarding UCCJEA and they all said sort of the same thing. There was nothing done to hide or do anything illegal, and we follow the letter of the law to do this. That's not their exact words but what I understood.

The reason I don't want to get this done in NJ is simple. I can't get there for court proceeding, every court date in the past including my divorce the Ex. has canceled every time they let her, some two or three times. I can't do it. Also being honest the price is at least 3-4 times more.

Why do people on this form say different then the locals ? I don't want to spend thousands then have this overturned and spend thousands more. (I don't know why the Ex. would bother now and not in the past,But.) This is why it's taken so long to make this decision.
 


4

45Frank

Member
Ohiogal said:
More background is definitely necessarily. And I am not searching for all your threads.
Click to expand...
She has stolen from our children, closed bank accounts and such, convinced my son who at age 9-10 to bring her his collectibles to get them appraised then never returned them when he asked ($1,200.00) worth. Has spent time in Jail, is in jail now. Her and the new hubby defrauded the IRS or state and they are taking the money from me. This is new not why she's in Jail. ???
The last two summer visits 4-5 yrs ago that where to be 5 weeks lasted three, both times leaving the kids with her parents when she was to return them, they left the kids in Virgina and told me they couldn't bring them back, second time her parent picked them up and she seen the for 10 minutes at 5 am. the day they left to come home. No cards for birthdays Christmas nothing. What else would be relevant ? there's much more. One last thing we have a FRO and she did show about 4 years ago and showed papers saying she went to court and she could have them I refused and that Monday called the courts in NJ they were bogus. She has tried to defraud and blackmail in the past and it's all documented.
Thank you
 
Last edited:
C

CourtClerk

Senior Member
45Frank,

Perhaps the reason why you can't get a straight answer is because you can't write a coherent post.

What is it that you are trying to do?
 
LdiJ

LdiJ

Senior Member
CourtClerk said:
Again with the incoherent sentences. :rolleyes:

NJ has jurisdiction over kids
File there
No questions
Click to expand...

I think that what he is being told is that its possible for NC to take jurisdiction of the case after 5 1/2 years. That is correct. Even under the UCCJEA its possible to change original jurisdiction even if one of the parents still lives there, if the children no longer have any close ties to that jurisdiction.

In this instance mom hasn't seen the children in 5 years and hasn't paid child support in over 6. That's a pretty good indictator that the children have no close ties to NJ and that their best interests would be better served in NC.

I am directly familiar with MANY cases where jursidiction has been changed in similar circumstances.
 
C

CourtClerk

Senior Member
LdiJ said:
I think that what he is being told is that its possible for NC to take jurisdiction of the case after 5 1/2 years. That is correct. Even under the UCCJEA its possible to change original jurisdiction even if one of the parents still lives there, if the children no longer have any close ties to that jurisdiction.

In this instance mom hasn't seen the children in 5 years and hasn't paid child support in over 6. That's a pretty good indictator that the children have no close ties to NJ and that their best interests would be better served in NC.

I am directly familiar with MANY cases where jursidiction has been changed in similar circumstances.
Click to expand...

Yet he needs to petition the court to take over jurisdiction. You can't just skip into court and decide that NC has it.

He also has made no mention as to whether the children visit NJ. Is there other family that they visit frequently, etc.
 
LdiJ

LdiJ

Senior Member
CourtClerk said:
Yet he needs to petition the court to take over jurisdiction. You can't just skip into court and decide that NC has it.

He also has made no mention as to whether the children visit NJ. Is there other family that they visit frequently, etc.
Click to expand...

He has consulted numerous attorneys in NC who have all given him the same answer. He apparently intends to hire one of them. I think that we can be confident that its being handled properly.

He isn't coming up with this on his own. He is coming up with it after consultations with attorneys.
 
C

CourtClerk

Senior Member
LdiJ said:
He has consulted numerous attorneys in NC who have all given him the same answer. He apparently intends to hire one of them. I think that we can be confident that its being handled properly.

He isn't coming up with this on his own. He is coming up with it after consultations with attorneys.
Click to expand...
Well, as you're famous for saying.... just covering all the bases
 
4

45Frank

Member
No they don't visit anyone regularly in NJ. or ties to anyone.
It's just a big step and I want to cover all bases. I read these threads and read different things then a local says something different.

Thank you all for your patients.


LdiJ said:
He has consulted numerous attorneys in NC who have all given him the same answer. He apparently intends to hire one of them. I think that we can be confident that its being handled properly.

He isn't coming up with this on his own. He is coming up with it after consultations with attorneys.
Click to expand...
 
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