detrmination of who now should really be in control

[Lloo]

determination of which state really is in control of continuing child custody

What is the name of your state?Co and NC

I was married military, we were stationed there in NC, even though we were not married by the state of NC
we did however live in the state for more than 6 months when we filed for divorce and child custody.

Therefore they had venue of us and were the ones whom handled the decree for divorce and child custody in 2001.
2 months after the order for child custody was entered, the father was stationed to California. in April of 2002 I also moved out of state to Colorado (as I had no ties to NC other than being dependent military and not being from that state).

In 2003 Military Member get stationed back to NC, I am still in Colorado to this date 3 1/2 years.

I tried to change my venue when he lived out of NC to Co but he refused service. Because I could not serve him they could do nothing but deny at that time.

In 2004 I filed for modification of child custody and change of venue in NC, attorney tells me that because spouse returned back to NC that they most likely will not release it to CO, so for 2 years now I have waited for a court date to take place because the ex-spouse says he is deploying everytime we have a court date.

I have looked at the statues of the uniformed child act but hard to understand, would I not even though he returned to NC not somehow qualify in having NC have to release it to Co for them to determine the outcome of a child custody modification motion because this is now their home of record and he did not continously live there.

Any help would be appreciated because I am at a standstill with NC because they have not made the soldier (ex-spouse) prove he is deployed and when questioned my attorney they say the judges just offfer leinency (sp) to them and usually dont ask for proof, even in my case, 2 years later 4 continuances!

Thanks for reading, if anyone knows the loophole can you point it out so I can get this handled.

 

[Lloo]

in addition

Just to clarify, father knew I moved, not that it was an issue since he moved first.

Modification is for a change from Joint legal to sole legal, leaving Joint custody the same, except supervised (until he is proved to be stable by a person handling supervision and he reestablishes a permanent relationship as I fear this is not his real intention and more of a way to make this difficult) as he committed 3 felony domestic charges in California and has not seen the children since 2001.

The charges were plea bargained and dismissed with conditions, he saved his military career and now because I want sole legal with supervised he want to fight me and told me in an email he would purposely delay this and force me to fly back and forth for proceedings and make me spend all my and my currents husbands monies doing so.

 

[snostar]

In 2004 I filed for modification of child custody and change of venue in NC, attorney tells me that because spouse returned back to NC that they most likely will not release it to CO

Your attorney is correct.

I have looked at the statues of the uniformed child act but hard to understand, would I not even though he returned to NC not somehow qualify in having NC have to release it to Co for them to determine the outcome of a child custody modification motion because this is now their home of record and he did not continously live there.

At this pint it doesn't matter that he did not continously live there. As long as there is currently a parent living in NC, NC will not give up jurisdiction. Contact an attorney in NC and ask them to request permission for you to present your in court via phone conference as often as possible.

 

[Lloo]

Thanks Snostar

Thank you for your reply..I was hoping that someone might know a loophole like maybe § 50A‑207. Inconvenient forum.

I did have a deposition done yesterday but it required me hiring a court trascriptor to swear the children's pyschologist in and record it to be sent transcribed since obviously he was not flying there to do it. Which I had to pay for.

They lead me to beleive that this is how it has to happen and that I have to fly there for the matter, I even have a ticket that has been changed 4 times now and is about to expire because of the EX continuing it, in which now I will have to buy another ticket and I am out that ticket...my luck all the airlines will be bankrupt and permanately grounded and I will be out that ticket too.

How about SCRA section 202, do you know anything about that as to why NC Judge has not made him apply for the condition of stay and is just taking his word for it? and what I can do about that without making her mad before she hears my case!

Who would have ever thought protecting ones children would be so hard, its worth it but I must say I wish it would hurry up and get somewhere, I am exhausted, this drama has been going on since 2001.

 

[Lloo]

Anyone familiar with Inconvient Forum under the Uniformed child law

Anyone know if this applies to me.....this is statue under all sates, the codes here just happen to be NC statue numbers...anyone know from reading my situation if this can be possible so that I can deal with the children's matters from where we currently live?

§ 50A‑207. Inconvenient forum.

(a) A court of this State which has jurisdiction under this Article to make a child‑custody determination may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances, and that a court of another state is a more appropriate forum. The issue of inconvenient forum may be raised upon motion of a party, the court's own motion, or request of another court.

(b) Before determining whether it is an inconvenient forum, a court of this State shall consider whether it is appropriate for a court of another state to exercise jurisdiction. For this purpose, the court shall allow the parties to submit information and shall consider all relevant factors, including:

(1) Whether domestic violence has occurred and is likely to continue in the future and which state could best protect the parties and the child;

(2) The length of time the child has resided outside this State;

(3) The distance between the court in this State and the court in the state that would assume jurisdiction;

(4) The relative financial circumstances of the parties;

(5) Any agreement of the parties as to which state should assume jurisdiction;

(6) The nature and location of the evidence required to resolve the pending litigation, including testimony of the child;

(7) The ability of the court of each state to decide the issue expeditiously and the procedures necessary to present the evidence; and

(8) The familiarity of the court of each state with the facts and issues in the pending litigation.

(c) If a court of this State determines that it is an inconvenient forum and that a court of another state is a more appropriate forum, it shall stay the proceedings upon condition that a child‑custody proceeding be promptly commenced in another designated state and may impose any other condition the court considers just and proper.

(d) A court of this State may decline to exercise its jurisdiction under this Article if a child‑custody determination is incidental to an action for divorce or another proceeding while still retaining jurisdiction over the divorce or other proceeding. (1979, c. 110, s. 1; 1999‑223, s. 3.)