How to change venue?

[classyica]

I never said a judge would do what my son wanted. I said a judge would take it into consideration. My ex wanted 6 months out of the year, but didn't want to deal with school everyday. My have suggested that he see his father at other times during the school year and that was the whole reason we decided to homeschool. And yes it was partly my ex's decision to do that, not just mine. The original issue here is not over the amount time that my son sees his father, but that my ex changes his mind from year to year as to what he thinks is acceptable and if I don't agree he threatens me with court. My son is more than willing to see his father, but there are things he wants to do here during the summer as well. He is very happy with the 30 days at a time and wants to go at different times. The only time my ex wants more time is right before he comes to get him, after 30 days they have both had enough.

 

[snostar]

Your chances of getting a change of venue are slim to none. So hire an attorney in CA, and have them request you communicate by phone conferencing.

 

[casa]

Long story short. I have 3 year old child support/visitation papers issued in Ca. My child's father agreed to let me move to the state of PA, which we did. Court papers give him 30 days a year and he is now asking for more. I am not totally against him having more time, but we have gone from him demanding 6 months down to 3. I homeschool my child, who is now almost 9, so for the most part visitation is not limited to summers. This summer is different because my child wants to participate in 4-H which will make him unavailable to his father until after the fair. The big problem is that everytime my ex doesn't get his own way he threatens me with court. Can I get the case transfered here so he can't drag us clear across the county? He has now moved out the county where the papers were first filed.

Thanks

Even though he has moved out of the County, he has not moved out of the state, that is why CA still has jurisdiction.

 

[snostar]

Even though he has moved out of the County, he has not moved out of the state, that is why CA still has jurisdiction.

And, a change of venue will not solve the poster's issues but increase costs due to additional court appearances.

 

[rmet4nzkx]

I always hate it when CP's move to keep their children from the other parent and or to be with their new love interest, then use homeschool and 4-H to try to keep them from seeing their other parent. Guess what, Californis allows homeschooling, has 4-H, county and even state fairs! So there is no reason dad can't have the child 50/50. If you don't come to an agreement soon, dad can petition for full custody because jurisdiciton is going to stay in California. When he does, not only will you have to pay for transportation but child support as well and your new hubby will love that won't he

QUIT USING YOUR CHILD AS A PAWN

 

[classyica]

I am not the one using my child as a pawn. And homeschooling was done before we left the orginal state so I don't see your point on that one. 4-H is a new interest of my child's and is not being used to keep him here. The decision to join 4-H was not commited to until after his father had agreed.

For all of you who think you know what you're talking about and really don't. Jurisdiction follows the child. Once a child has lived in a another state for 6 months, jurisdiction automatically changes to that state.

This is supposed to be an open forum where people can come get answers and advice, not to be dammed for asking.

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!

 

[casa]

I am not the one using my child as a pawn. And homeschooling was done before we left the orginal state so I don't see your point on that one. 4-H is a new interest of my child's and is not being used to keep him here. The decision to join 4-H was not commited to until after his father had agreed.

For all of you who think you know what you're talking about and really don't. Jurisdiction follows the child. Once a child has lived in a another state for 6 months, jurisdiction automatically changes to that state.

This is supposed to be an open forum where people can come get answers and advice, not to be dammed for asking.

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!

Jurisdiction does not always follow the child. As long as one of the parents in the order reside in the state- that state retains jurisdiction. If BOTH parents moved out of state, or if one parent had not established rights via court order- THEN jurisdiction (one residency requirements were met) would be transfered. And that would not automatically happen after residency req. were met, the parent would have to file to domesticate the order to the new state.

 

[classyica]

Jurisdiction does not always follow the child. As long as one of the parents in the order reside in the state- that state retains jurisdiction. If BOTH parents moved out of state, or if one parent had not established rights via court order- THEN jurisdiction (one residency requirements were met) would be transfered. And that would not automatically happen after residency req. were met, the parent would have to file to domesticate the order to the new state.

According to the court administrative office here, PA automatically assumes jurisdiction to protect the child interests. I know there are other states that adopted the same law due to an increase in interstate custody arrangements and a rise in kidnapping by the out of state parent. I'm not saying in every state it will transfer, but for me it does.

 

[casa]

According to the court administrative office here, PA automatically assumes jurisdiction to protect the child interests. I know there are other states that adopted the same law due to an increase in interstate custody arrangements and a rise in kidnapping by the out of state parent. I'm not saying in every state it will transfer, but for me it does.

I'd say you were lucky then- because CA is pretty tough on move-away and jurisdiction cases. They are really vested in keeping consistency in terms of one court following through with aspects of custody etc.

If it's in your child's best interest- that's a good thing... but the situation seems to be re; 4-H and if Dad has son for 3 mos during summer, he can take him to 4-H in CA. I'd be concerned with developing a 'pattern' which puts what son 'wants' above his time with his father. If that's not the case- fine. But if son is so interested in 4-H, it's plausible he'll want to continue doing it every summer. Something to consider.

 

[timsgurlfurlife]

The best advise I could give to you is that you could ask for attorney's fees to be paid . I live in Oklahoma and my kids father lives in Maine.I went to court for 1 1/2 yrs traveling back and forth to Maine from Oklahoma but in the end my ex was ordered to pay all my attorneys fees which was about 6000$. Good Luck

 

[stealth2]

I never understand why, if people apparently know the answers, they waste our time asking the questions.

 

[classyica]

I never understand why, if people apparently know the answers, they waste our time asking the questions.

I didn't know the answers when I came to this website. I spent hours researching this and after weeks of phone calls, finally got in contact with someone at the local courthouse to get the anwsers to my questions. I just wanted others to know that not everything being posted on this site applies to every state or every case. People come here asking for help, to be pointed in the right direction by others in similar circumstances and I for one was shot down. Instead of advice and support, I received reasons why I should never have taken my child out of the state.

I understand 4-H is offered in Ca, but his father is not in an area that allows farm animals to be kept. And yes I know that 4-H offers other projects, but we live on a farm here and thats where his interest is currently. I have finally gotten an arrangement made with his father over visits and 4-H. Instead of taking his time at the end of the summer, he is going to take it in January or anytime durning the school year.

Thanks to the last couple of posters that have offered encouragement and options.

 

[mom6stepmom2]

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.

 

[stealth2]

You realize, of course, that CA has to release jurisdiction first, right?

 

[haiku]

" 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.........