How to change venue?

[classyica]

" He left me, and I had to go on welfare, so I moved across the country so some other guy could support me! its not my fault!"

Oh and I have NEVER heard of any state automatically taking jurisdiction. (do bells go off at the courthouse when people with an out of state order, pass the state line?) But I HAVE heard of court house employees who talk out thier asses.........

HOLD ON!! I have only been re-married for a year. I moved out of state on my own, did not run to another man. And have never had anyone support me since I moved out of CA. I run my own business and did all of that before I re-married, so back off!

They automatically take jurisdiction after 6 months when asked. Like the previous poster said the out of state parent has virtually no say. Its left to the courts. And CA has already released jurisdiction.

 

[haiku]

HOLD ON!! I have only been re-married for a year. I moved out of state on my own, did not run to another man. And have never had anyone support me since I moved out of CA. I run my own business and did all of that before I re-married, so back off!

They automatically take jurisdiction after 6 months when asked. Like the previous poster said the out of state parent has virtually no say. Its left to the courts. And CA has already released jurisdiction.

Ummm NO YOU said it right here-

"You all don't know the whole story and passed judgment on me for removing my child from his father. I wasn't the one who removed the father. I chose to move after living on welfare and food stamps a year and a half after he walked out, with no contact I might add. And because I chose to get myself off welfare and move to a state where I had help and support from family you all acuse me of not thinking of the child. I hope others that come here for help and support have other places to turn cause they sure won't get it here!"

So no I won't back off........

And there is a process you have to go through to get your order enforced in another state. it not just a case of "POOF" its done! So have you gone to court in Pa. yet?

 

[classyica]

Ummm NO YOU said it right here-

"You all don't know the whole story and passed judgment on me for removing my child from his father. I wasn't the one who removed the father. I chose to move after living on welfare and food stamps a year and a half after he walked out, with no contact I might add. And because I chose to get myself off welfare and move to a state where I had help and support from family you all acuse me of not thinking of the child. I hope others that come here for help and support have other places to turn cause they sure won't get it here!"

So no I won't back off........

And there is a process you have to go through to get your order enforced in another state. it not just a case of "POOF" its done! So have you gone to court in Pa. yet?

And where do I say I moved out of state to live with another man? I said I moved to a state where I had family and support, but not finanacial support. I was born here, all my family is here!

Yes I am aware there is a process and yes I've been to court.

 

[casa]

I don't know if the laws are the same in all states, but here in Oregon you can petition the court to change jurisdiction after the child has been living in current environment 6 months or more. I just spoke with an attorney about this subject just 4 days ago. My step children live with us full time. Their mother did live in Georgia, where jurisdiction is right now. She has since moved to Europe and we are having to fly back and forth between Oregon and Georgia. Mom is going between Europe and Georgia. So we want it moved to Oregon. Attorney said that the kids have been in this state for more than 6 months, so they would petition the state fo Oregon to claim jurisdiction and ask Georgia to step down. Pretty cut and dry according to the attorney. We shall see. Attorney said mom has no say in matter, it's entirely up to the courts. At this point what is the worst the court can say? No? We are already having to travel back and forth now.

The reason in your case you could petition for the state of OR is because the mother moved to Europe. The other parent NO LONGER LIVES in Georgia. IF the mother STILL LIVED in Georgia- it would be entirely different. In your case since neither parent lives in Georgia anymore, it makes perfect sense for the state to relinquish jurisdiction- and since you have met residency requirements for OR, that makes sense too. Do you see the difference?

 

[abstract99]

Thanks for your replies.

I am not sure what to do at this point. This business of threatening me with court because things aren't going his way is getting old real quick. There are other underlying issues and the order needs to be changed/updated regardless of the visitation time issue. My child is now old enough to have to go and talk to a mediator in Ca and the traveling issue is what bothers me right now. I am not understanding why courts don't like to give up cases to other states. Even child support is no longer taken care of through the DA in my case.

1) talk to the presiding judge and see if you can attend the conferences telephonically.
2) There are a lot of good dads here whose ex's think are deadbeats and they obviously aren't so try to avoid trying to place all of the blame on your ex. It takes 2 honey and even though I am sure that your ex is no saint I am sure that you have skeletons in your closet too.

 

[psfunkytek]

This is a tough crowd

She may be thinking of a Custody Evaluator in CA talking to a six year old child. They definately do, but the judge does not and children aren't allowed in the courtroom I don't think (I've never seen one in there).

Custody evaluators don't spend a lot of time alone with the child, but they do interview them and ask them questions about their life in both homes (for the long 730 Evaluations). They also interview them at both homes.

Other than than that, I don't think there is a specific age where the child can state their desires. I've know children as young as eight years old talking to the judge in CA. I don't know the detail under which it occured, but nonetheless, it has occured in a couple of custody cases I know.

 

[classyica]

1) talk to the presiding judge and see if you can attend the conferences telephonically.
2) There are a lot of good dads here whose ex's think are deadbeats and they obviously aren't so try to avoid trying to place all of the blame on your ex. It takes 2 honey and even though I am sure that your ex is no saint I am sure that you have skeletons in your closet too.

That was the problem, the court in CA didn't want to have anything to do with it and the court in PA couldn't until jurisidiction was changed. I know there are really good dads out there and when he wants to be my ex is one of those. The only blame I place on him is for the threats and lack of concern over his child's fears and wants. I know children shouldn't always get what they want but how can I continue to place my child in a situation where he no longer feels safe. My child brought this up this year, I was already making arrangements for the visit.

Thanks for the kind advice

 

[classyica]

She may be thinking of a Custody Evaluator in CA talking to a six year old child. They definately do, but the judge does not and children aren't allowed in the courtroom I don't think (I've never seen one in the courtroom.

Thanks for helping me clarify. I wouldn't want my son in the courtroom, but I would like his concerns addressed. I am not asking for the current visitation order to be changed, I'm asking jurisidiction to be changed to the child's home state. The only thing that needs to be changed in the order is the wording that will allow my ex to have time at a time other than summer.