Attn: I am always liable

[MrsD]

Thanks ever so much for your time. I must ask a couple more questions to you. You say that NC (where we live ) has jurisdiction over my child, however NY stated in a court order some 4 or 5 years ago that they retained jurisdiction. Does that matter? And if so is there a time limit on how long they can retain jurisdiction? When the child was 4 & 5 she went to a psychologist in NC who said that visit should be constrained in some way so as not to pose difficulty for the child. Although when I talked to a lawyer here in NC they told me that if NY stated they had jurisdiction then that's the way it was. I find that hard to believe and am not willing to give up fighting for my daughters well being. I am concerned if she doesn't want to go and I can no longer coax her into it will I lose my child? I would just rather not send her and try to get something going in NC. Would that be wrong? Also do you know of any lawyers in NC who would be able to represent me? I know I can look in the phone book but usually people in the professional field you are in may have an idea of someone to use as a referral. Thanks again. I really, really, really appreciate it!

 

[I AM ALWAYS LIABLE]

My response:

Please, read my "P.S." to you in my last post to you. You're starting new threads, when your posts should all be within your initial thread. Doing what you're doing is making it difficult on subsequent readers because all these various threads are going to be scattered all over this board. As such, your threads won't make any sense to other readers.

Please, let's keep everything together in one, single, thread.

Then, I'll read your latest post, and try to respond.

Thank you.

IAAL

 

[MrsD]

I am always liable

Sorry about the posting new threads. I am new at this and wasn't sure about the proper way of doing things. Thanks for letting me know. I didn't know if I needed to put my response from last time in with this reply...so I did. Thanks ever so much for your time. I must ask a couple more questions to you. You say that NC (where we live ) has jurisdiction over my child, however NY stated in a court order some 4 or 5 years ago that they retained jurisdiction. Does that matter? And if so is there a time limit on how long they can retain jurisdiction? When the child was 4 & 5 she went to a psychologist in NC who said that visit should be constrained in some way so as not to pose difficulty for the child. Although when I talked to a lawyer here in NC they told me that if NY stated they had jurisdiction then that's the way it was. I find that hard to believe and am not willing to give up fighting for my daughters well being. I am concerned if she doesn't want to go and I can no longer coax her into it will I lose my child? I would just rather not send her and try to get something going in NC. Would that be wrong? Also do you know of any lawyers in NC who would be able to represent me? I know I can look in the phone book but usually people in the professional field you are in may have an idea of someone to use as a referral. Thanks again. I really, really, really appreciate it!

 

[MrsD]

I am always liable

Dear IAAL,
Went to a local attorney today. He's under the impression that NY still has jurisdiction. I asked him about changing visitation and he seems to think that unless it is a custody dispute that NC will not step in. So if I don't send the child I will have two options. 1. ex can file for contempt of court motion and I could be responsible for his court costs or 2. He could file for custody and then we can see what will happen as far as which state will take jurisdiction.
I have tried to contact the local child abuse agency here in NC but they have told me that I need to call NY to file a complaint with them. If I call NY and try to file an abuse complaint they will tell me that I need to wait until the child is there in order for someone to go and check on her. I am stuck between a rock and a hard place! Child just doesn't want to go and I am tempted to just not send her and then see where it will go from there. I don't know what else to do? Any Clue?

 

[I AM ALWAYS LIABLE]

My response:

Putting aside the potential for Contempt of court proceedings against you, you've got to do what's in your heart. Now, I'm not saying that you should purposefully become a contemnor of the court's orders. What I am saying is that in order for you to fight potential contempt proceedings, you'll have to take your daughter to a psychiatrist to see if what your daughter is saying is accurate or, perhaps, exaggerated in some fashion.

This, for your daughter's well-being, and for you should this matter come to court.

A court will not accept your "word" that these things are happening to your daughter without a professional opinion. It is with that professional opinion that you should make any decisions you feel are necessary.

Good luck to you.

IAAL

 

[MrsD]

Dear IAAL

Thanks so much for your input. It really means alot to me that you took the time out of your day to address my concerns. By the way I looked at your profile and thought it was quite cute. I mean the part about you harrassing your secretary. Sounds like my type of humor I mean after all what's a day at the office with out a little fun eh? Have a good day and I'll talk to you soon. Thanks again.

 

[I AM ALWAYS LIABLE]

My response:

I took that part out. It was meant only as joke to see if people were reading my bio. But, as life would have it, some people were taking it seriously and complaining.

I guess some people don't have a sense of humor.

Good luck with whatever decision you make.

IAAL

 

[LegalBeagle]

Re: Dear IAAL

By the way I looked at your profile and thought it was quite cute. I mean the part about you harrassing your secretary.

IAAL???? Does Mrs Liable know about this?

 

[MrsD]

IAAL

Gosh I hope I didn't stir up any problems by the comment.
Anyhow, I've got a couple more questions for you and then that should be it for now.
If my daughter doesn't visit this summer because I cannot get her to go and the ex files motions in NY should I just not go up there? You see I don't want to make myself a part of the NY court system again and it sounds to me like if I wait it out until he tries to come down here then I can get NC involved. What I don't understand is why NC cannot just take jurisdiction over? I mean my God! We have been here 7 years and my daughter is only 9! You see in NY state for that county they only have 2 judges, one in Lockport and one in Niagara Falls. The judge in Niagara Falls is the one that has heard the case before and it is a small town and this judge has already made it known that he has "preconceived notions" about me as far as not liking me. Not to mention the fact that he is a disgruntled ex- husband himself. It's an ugly situation and if need be is there any way to go over his head? I know you cannot advise me to stay put. That I realize. Just looking for an opinion. Thank You 1000 times. Mrs D