Filing parenting plan in another county

[jarbo]

What is the name of your state (only U.S. law)? Washington State

My son’s father has filed a parenting plan in the county he lives in and not the county my son and I reside. My son and I have lived in the same county, (which is 250 miles away from the fathers county) for my sons entire life, ten years, and I am being served with paper work to appear for a hearing because the father all the sudden wants to be in our sons life. Due to the distance to travel to court, my job and sons school, I cannot take time off or have anyone watch my son to attend a hearing that far away.

I attempted to file via certified mail a motion to continue the hearing so I can at least buy some time to figure this out. The court proceeded anyway. I also found out per WA law, the father should have filed in the county our son resides, which he did not. So I filed a motion via mail, to have the case dismissed but that didn’t happen either.

I have tried to explain this to the court clerks and they said there is nothing they can do. I don’t want some order or parenting plan filed because I am unable to appear! I have no money for an attorney and need some advice please!!

Thanks so much.

 

[LdiJ]

What is the name of your state (only U.S. law)? Washington State

My son’s father has filed a parenting plan in the county he lives in and not the county my son and I reside. My son and I have lived in the same county, (which is 250 miles away from the fathers county) for my sons entire life, ten years, and I am being served with paper work to appear for a hearing because the father all the sudden wants to be in our sons life. Due to the distance to travel to court, my job and sons school, I cannot take time off or have anyone watch my son to attend a hearing that far away.

I attempted to file via certified mail a motion to continue the hearing so I can at least buy some time to figure this out. The court proceeded anyway. I also found out per WA law, the father should have filed in the county our son resides, which he did not. So I filed a motion via mail, to have the case dismissed but that didn’t happen either.

I have tried to explain this to the court clerks and they said there is nothing they can do. I don’t want some order or parenting plan filed because I am unable to appear! I have no money for an attorney and need some advice please!!

Thanks so much.

In your motion to dismiss did you thoroughly explain that you and the child live in another county and always have?...which by the way, should have been your FIRST motion. By asking for a continuance you may have accepted venue in dad's county.

 

[mistoffolees]

What is the name of your state (only U.S. law)? Washington State

My son’s father has filed a parenting plan in the county he lives in and not the county my son and I reside. My son and I have lived in the same county, (which is 250 miles away from the fathers county) for my sons entire life, ten years, and I am being served with paper work to appear for a hearing because the father all the sudden wants to be in our sons life. Due to the distance to travel to court, my job and sons school, I cannot take time off or have anyone watch my son to attend a hearing that far away.

I attempted to file via certified mail a motion to continue the hearing so I can at least buy some time to figure this out. The court proceeded anyway. I also found out per WA law, the father should have filed in the county our son resides, which he did not. So I filed a motion via mail, to have the case dismissed but that didn’t happen either.

I have tried to explain this to the court clerks and they said there is nothing they can do. I don’t want some order or parenting plan filed because I am unable to appear! I have no money for an attorney and need some advice please!!

Thanks so much.

You may lose custody because of your failure to appear.

Here's what you SHOULD HAVE done:

1. Filed in Dad's county to have the case dismissed based on lack of jurisdiction. NOTHING ELSE should be on that petition. By discussing other things, you may be agreeing to his county handling it. It's the wrong county and you would have been able to have the case dropped there if you had done this properly. It may be too late.
2. File in your own county for custody, etc. Present a parenting plan, ask for support, etc. Your reasoning for you getting custody would be to maintain the status quo.

You really need to see an attorney to see how you get out of this mess. Many attorneys will give you an initial consultation for free, but if not, call your county court to see if there's any legal aid for custody situations.

It MIGHT not be too late for you to present your argument for retaining custody (status quo) even if you have to do so in Dad's county, but you can't simply ignore court hearings.

 

[Ohiogal]

What is the name of your state (only U.S. law)? Washington State

My son’s father has filed a parenting plan in the county he lives in and not the county my son and I reside. My son and I have lived in the same county, (which is 250 miles away from the fathers county) for my sons entire life, ten years, and I am being served with paper work to appear for a hearing because the father all the sudden wants to be in our sons life. Due to the distance to travel to court, my job and sons school, I cannot take time off or have anyone watch my son to attend a hearing that far away.

I attempted to file via certified mail a motion to continue the hearing so I can at least buy some time to figure this out. The court proceeded anyway. I also found out per WA law, the father should have filed in the county our son resides, which he did not. So I filed a motion via mail, to have the case dismissed but that didn’t happen either.

I have tried to explain this to the court clerks and they said there is nothing they can do. I don’t want some order or parenting plan filed because I am unable to appear! I have no money for an attorney and need some advice please!!

Thanks so much.

By filing a motion to continue you ceded jurisdiction to dad's county. You screwed this up big time. You should not have filed ANYTHING except a motion asking for dismissal due to improper venue/jurisdiction. By not doing that, you have given that court jurisdiction. You need an attorney to even attempt to rectify this situation.

 

[jarbo]

Motion to vacate??

Thank you all for the help. It sounds like I screwed up then! Should I look at filing a motion to vacate once the order is signed?

I am also going to try and consult with a legal hotline or an attorney if possible.

 

[Ohiogal]

Thank you all for the help. It sounds like I screwed up then! Should I look at filing a motion to vacate once the order is signed?

I am also going to try and consult with a legal hotline or an attorney if possible.

ON what grounds? You waived venue due by filing something and you chose not to show.

 

[jarbo]

My reasons would be not having reasonable notice to prepare, take time off work, which I am a new employee and have not earned time off yet, find a way for my son to get home from school and child care. On top of all that, I would have to drive 250 miles to appear for these hearings.

I know I am probably reaching here and the court probably doesnt care too much about my issues but there is something that just doesnt seem right.

What possible sanctions or trouble could I find myself in? If the court has no jurisdiction in my county, it doesnt seem that any of this could be valid?

Could I or should I write a letter to the judge explaining my issue?

 

[Proserpina]

My reasons would be not having reasonable notice to prepare, take time off work, which I am a new employee and have not earned time off yet, find a way for my son to get home from school and child care. On top of all that, I would have to drive 250 miles to appear for these hearings.

I know I am probably reaching here and the court probably doesnt care too much about my issues but there is something that just doesnt seem right.

Unfortunately, that's true. The court really doesn't care about your reasons.

What possible sanctions or trouble could I find myself in? If the court has no jurisdiction in my county, it doesnt seem that any of this could be valid?

Could I or should I write a letter to the judge explaining my issue?

The problem is you filed the wrong motion. You could have hired an attorney to help you and really should have, but you can't change that now.

The judge cannot read a letter you send, at this point. And honestly, I think you need an attorney.

 

[mistoffolees]

My reasons would be not having reasonable notice to prepare, take time off work, which I am a new employee and have not earned time off yet, find a way for my son to get home from school and child care. On top of all that, I would have to drive 250 miles to appear for these hearings.

I know I am probably reaching here and the court probably doesnt care too much about my issues but there is something that just doesnt seem right.

What possible sanctions or trouble could I find myself in? If the court has no jurisdiction in my county, it doesnt seem that any of this could be valid?

Could I or should I write a letter to the judge explaining my issue?

Here's the deal. You could have objected to Dad's county having jurisdiction, but you didn't. If that had failed, lack of sufficient notice could have been used. You didn't do that. Even if both of those arguments failed, you should have been at the hearing or had an attorney there.

You are incorrect about jurisdiction. Dad's county HAD no jurisdiction in your case, BUT YOU GAVE THEM JURISDICTION. So now, they're probably going to decide everything having to do with your case (if they haven't done so already).

Sanctions? Probably none - unless there was a direct order from the court that you failed to follow. But what can happen (and probably will) is that Dad is going to get whatever he asked for. Custody, child support from you, anything that he requested is fair game because you failed to respond or do anything. So be prepared to live with whatever parenting plan Dad created.

You really need to get an attorney. NOW. Maybe there's some loophole to help you unwind this mess you've created. I don't know what it would be, but with an attorney there might be a chance. By yourself? No way.

 

[jarbo]

Dispute resolution

So I have missed another court date regarding the case but according to the petitioner, the judge told him to work out a plan in dispute resolution mediation, (which is not court ordered but reccomended). The county dispute resolution center has been attempting to get ahold of me but it during my work hours and cannot answer the phone.

My question is, if I accept the dispute resolution process and do a tele conference, will the court take that as more evidence as I am letting them accept juristiction? Or should I ignore it and go another route with an attorney if I can get the funds?

Thanks

 

[Proserpina]

So I have missed another court date regarding the case but according to the petitioner, the judge told him to work out a plan in dispute resolution mediation, (which is not court ordered but reccomended). The county dispute resolution center has been attempting to get ahold of me but it during my work hours and cannot answer the phone.

My question is, if I accept the dispute resolution process and do a tele conference, will the court take that as more evidence as I am letting them accept juristiction? Or should I ignore it and go another route with an attorney if I can get the funds?

Thanks

I don't think you understand.

You've ALREADY accepted jurisdiction.

It's a done deal.

And really - by not attending court or appointing an attorney to appear on your behalf, what do you think you're doing? You're handing everything on a silver platter over to your ex.

 

[Ohiogal]

So I have missed another court date regarding the case but according to the petitioner, the judge told him to work out a plan in dispute resolution mediation, (which is not court ordered but reccomended). The county dispute resolution center has been attempting to get ahold of me but it during my work hours and cannot answer the phone.

YOu really think this is a joke don't you? You really don't care about this process do you? You don't have a lunch hour or break where you can call them back? You will be extremely lucky if YOUR EX does not walk away with complete and total custody of the child due to the fact that you are ignoring the situation as though that will keep the court from doing anything. All you are doing is appearing arrogant and sooner or later that will hurt you.

My question is, if I accept the dispute resolution process and do a tele conference, will the court take that as more evidence as I am letting them accept juristiction?

You have been served and MISSED TWO COURT HEARINGS? The ship has sailed on letting them accept jurisdiction -- THEY HAVE JURISDICTION because you filed in their court and did not IMMEDIATELY argue lack of jurisdiction.

Or should I ignore it and go another route with an attorney if I can get the funds?

Ignore it only if you want to lose custody of your child. Ignore it only if you want the court to think that you don't see your child as important. Ignore it if you want to be stupid.

 

[mariasusa]

Just to reiterate...after a family law attorneys' last advice,

You don't have choices here as to what to do (outside of getting an attorney). The judge was EXTREMELY nice in not giving dad everything he asked for (as your a no show)...esp. two court dates. The judge is offering a way to get your imput. And your complaining about not taking a call? YOU DON'T HAVE A CHOICE. This is court. Return that call ASAP and set up dispute resolution with dad...ASAP! You don't want to lose custody of your kids do you? Because if you keep doing what your doing, you stand a very high chance.