Interstate issues help/opinions???

[NVdad]

What is the name of your state?What is the name of your state? NY, NV, FL

kind of complex, but here goes:

My ex and I lived in NY, I had Physical Custody of our daughter ex had weekend visitation (per NY court order, 2000). Ex moved to FL 11/2003, she did not notify courts or NY child support she was moving. My new wife, daughter and I decided we would move to NV 6/2004. I set about creating a new visitation agreement that reflected the new situation. When it came to court, my ex stonewalled. long story short, I was duped into allowing our daughter a 1 year visitation with my ex. (I felt bad for my daughter, her mom had left her AGAIN and she was heartbroken. I can't stand to see my little girl cry) The resulting NY court order was very specific. It allowed our daughter to stay in FL from 6/2004 until June 30, 2005. It also ordered that my ex's substantial arrears be forgiven in return for me not having to pay support. It ordered that my ex would purchase a ticket for our daughter's return to me in NV 30 days in advance of 6/30/05.

My wife and I moved to NV 7/2004. Now, With the end of her year up, my ex has filed for FL to take jurisdiction. FL has denied her petition to domesticate and enforce the NY court order, however I believe she is still attempting to have it domesticted in FL. She also filed (fraudulantly) to collect support contrary to the NY court order. She has not bought a ticket for my daughter, and when I questioned her about it she stated that "you'll never get (the child) back. She lives in FL now"

I have filed for NV to domesticate and enforce the order. My ex is obviously in contempt for the support fraud and not purchasing a ticket. Our court date in NV is 2 days before my daughter is supposed to return.

Some Questions:************************************

What are the chances NV will domesticate this? I live and work in NV, though the child only spent a few weeks here at Christmas, but she has been in FL for over 6 months. The NY court order states that the child is to live in NV with her father after the 1 year with her mother.

If FL domesticates, are they not bound to ENFORCE the NY court order AS IS?

Doesn't the NY court order we have trump that "6 months residency" rule in FL? Under what conditions could FL domesticate?

NY specifically did not reserve jurisdiction in this court order. Is there a chance this could revert to NY courts? (NY courts are friendly to me, my ex has a bad history with the child's law guardian and the courts)

How long can my ex continue to challenge my custody, can she do this whenever she wants, no matter who gets jurisdiction?

Would the courts consider her actions as outrageous as I do?
*****************************************************
I now realize that my ex planned this even before she moved. Unfortunatly, in all this, there's a sweet little 10 year old girl who promised her daddy she would be home soon ("don't cry, daddy. it's only a few months till June"), and SHE was promised she would be coming home in June by BOTH her mother and father. She's being used as a pawn by her mother... to get even with me for getting custody. Sad, ain't it?

There are some morals in this story:

1> ALWAYS consult an attorney BEFORE doing anything like this;
2> NEVER allow your child to visit the out of state non custodial parent for more than 5 months when jurisdictional issues may arise:
AND, most important,
3> NO GOOD DEED GOES UNPUNISHED!

 

[LdiJ]

What is the name of your state?What is the name of your state? NY, NV, FL

kind of complex, but here goes:

My ex and I lived in NY, I had Physical Custody of our daughter ex had weekend visitation (per NY court order, 2000). Ex moved to FL 11/2003, she did not notify courts or NY child support she was moving. My new wife, daughter and I decided we would move to NV 6/2004. I set about creating a new visitation agreement that reflected the new situation. When it came to court, my ex stonewalled. long story short, I was duped into allowing our daughter a 1 year visitation with my ex. (I felt bad for my daughter, her mom had left her AGAIN and she was heartbroken. I can't stand to see my little girl cry) The resulting NY court order was very specific. It allowed our daughter to stay in FL from 6/2004 until June 30, 2005. It also ordered that my ex's substantial arrears be forgiven in return for me not having to pay support. It ordered that my ex would purchase a ticket for our daughter's return to me in NV 30 days in advance of 6/30/05.

My wife and I moved to NV 7/2004. Now, With the end of her year up, my ex has filed for FL to take jurisdiction. FL has denied her petition to domesticate and enforce the NY court order, however I believe she is still attempting to have it domesticted in FL. She also filed (fraudulantly) to collect support contrary to the NY court order. She has not bought a ticket for my daughter, and when I questioned her about it she stated that "you'll never get (the child) back. She lives in FL now"

I have filed for NV to domesticate and enforce the order. My ex is obviously in contempt for the support fraud and not purchasing a ticket. Our court date in NV is 2 days before my daughter is supposed to return.

Some Questions:************************************

What are the chances NV will domesticate this? I live and work in NV, though the child only spent a few weeks here at Christmas, but she has been in FL for over 6 months. The NY court order states that the child is to live in NV with her father after the 1 year with her mother.

If FL domesticates, are they not bound to ENFORCE the NY court order AS IS?

Doesn't the NY court order we have trump that "6 months residency" rule in FL? Under what conditions could FL domesticate?

NY specifically did not reserve jurisdiction in this court order. Is there a chance this could revert to NY courts? (NY courts are friendly to me, my ex has a bad history with the child's law guardian and the courts)

How long can my ex continue to challenge my custody, can she do this whenever she wants, no matter who gets jurisdiction?

Would the courts consider her actions as outrageous as I do?
*****************************************************
I now realize that my ex planned this even before she moved. Unfortunatly, in all this, there's a sweet little 10 year old girl who promised her daddy she would be home soon ("don't cry, daddy. it's only a few months till June"), and SHE was promised she would be coming home in June by BOTH her mother and father. She's being used as a pawn by her mother... to get even with me for getting custody. Sad, ain't it?

There are some morals in this story:

1> ALWAYS consult an attorney BEFORE doing anything like this;
2> NEVER allow your child to visit the out of state non custodial parent for more than 5 months when jurisdictional issues may arise:
AND, most important,
3> NO GOOD DEED GOES UNPUNISHED!

I don't believe that NV could take jurisdiction of the case because the child has never resided in NV. I also don't see how NV could enforce an NY order in FL. I don't see how NV would have any power to do that.

Florida can take jurisdiction of the case because the child is now a legal resident of FL.

NY might retain jurisdiction, but its unlikely because none of the parties reside in NY.

Its impossible to predict how the case might turn out. A judge will make a "best interests" decision. However, unless mom can be legally found to be an unfit mother...its very possible that a judge might feel that "status quo" is appropriate.

You might want to get a consult with a FL attorney. It might be better for you to be asking Florida to take jurisdiction and enforce the order.

 

[BL]

my ex has filed for FL to take jurisdiction. FL has denied her petition to domesticate and enforce the NY court order

Do you have a Copy of the Denial Ruling By FL. Court ?

I would like to see the reason FL. denied the Petition .
Maybe She could not prove the 6 month residency in FL. , that may give NY Jurisdiction .


I'd get rolling on this ASAP .

It's a Long Shot , but If Fl. has a good reason for not taking Jurisdiction , maybe you should Consult a NY Family Law Attorney .

Try a search , and a Few E-mails , with a short description , and the reason FL. is declining Jurisdiction , and hopefully at least one Attorney will give you a short ( no charge ) Phone call with them .

It sounds like this could get sticky and end up in Appeals .

 

[NVdad]

RE: FL denial

I do not have much, Ex tried to have the matter heard "ex parte" as an emergency. (there was no emergency, the childs life or well being must be in danger, or someone must be denying her custody / visitation to be an emergency) I got served 2 weeks after the decision. All I have from FL is a short 1 page paper saying "DENIED due to insufficient evidence"

 

[NVdad]

But more important,

I just want to know what kind of country is this where I do the right thing, Have the court order saying so, and my ex could wind up with custody?

 

[LdiJ]

I just want to know what kind of country is this where I do the right thing, Have the court order saying so, and my ex could wind up with custody?

1) You no longer live in the state that issued the order so jurisdiction and enforceability get "murky".

2) Custody is a "fluid" thing. Custody isn't decided at some point with no option of it ever changing.

3) The child is established and FL, and wouldn't be returning to her "home state" but to another state where she has never resided.

 

[NVdad]

If I moved back to NY???

If I were to move back to NY, then, maybe I'd be in a better position?

 

[BL]

I just want to know what kind of country is this where I do the right thing, Have the court order saying so, and my ex could wind up with custody?

If She ( or YOU ) would have stayed in NY , NY would have retained Jurisdiction , and the System would have worked .

You can not expect to have a State make a ruling , then Both Parents move across the US , and have the Ordering State , Orders Stand .

You need to consult an attorney in FL. , I believe as was advised . That's where the Children now reside .

Although FL. may recognize NY's Orders , it might not enforce them .

First thing you NEED to do is contact the Court Nearest where the Children and Mother reside , that has authority , and Get a Certified Copy of the NY Orders , and send them to that FL. Court , and request that the NY Certified Copy of NY's Orders be registered in that State Court .

This is called a registration of Foreign Custody Order , so it will be in the Records there .

I would also file one in Your Jurisdiction , with the Court , for the record .

It is possible in the end FL., NV., or NY. may then enforced the registered Order .

 

[NVdad]

a mess

Damn, this is a mess. I am so frustrated... but isn't FL bound to accept with full faith and credit the NY order? and ENFORCE it?

 

[BL]

Damn, this is a mess. I am so frustrated... but isn't FL bound to accept with full faith and credit the NY order? and ENFORCE it?

See my Edit above .

 

[rmet4nzkx]

Contact the FL court for a copy of the entire filing.
Contact the New York court and the Law guardian's office on Monday and file contempt, since she has not bought the ticket etc. as per the order, right now NY still has jurisdiction.
It is possible that since the court's order was for a specific period of time in FL with specific return to NV that the NV court might enforce NY's court order and possibly force the return of your child and then wait the 6 months to change jurisdiction, otherwise jurisdiction will remain in NY and NY orders.
Also be ready to go to FL to take custody of your child with your court orders in hand.

 

[LdiJ]

Damn, this is a mess. I am so frustrated... but isn't FL bound to accept with full faith and credit the NY order? and ENFORCE it?

You haven't asked FL to domesticate the order and enforce it. You are trying to get a third state to do that....one that I don't believe has the power or authority to do that. However, because the child is now a legal resident of FL, and neither parent resides in NY, FL has the right to take jurisdiction and make "best interests" decisions regarding the child.

My advice would be to drop the case in NV. Hire an attorney in FL, and try to get FL to domesticate and enforce the order. Mom will probably counter with a petition for custody and for Florida to take jursidiction. At that point, it will be up to the judge.

You asked above whether or not you would be better off if you moved back to NY. That might not help at this point. You have been gone long enough that you are no longer a legal resident of NY. Therefore FL could still choose to take jurisdiction. You need to fight this out in FL.

 

[NVdad]

I am prepared

I do believe that the court order, being for a SPECIFIC period of time, may force this back to NY. But also, the court oder DID specify NEVADA as the child's destinaTION FOR the childs return and "THE EVENTUAL PHYSICAL CUSTODY" with me. I have consulted an attorney. My arguement is that:

NY does not reserve jurisdiction, (however, it may fall to NY in this case)
FL has denied jurisdiction,
therefore, it falls to NV to take jurisdiction.

I believe the FL judge is quite aware of what my ex is up to and therefore denied the petition to allow me time to see what I can do. (There ARE some judges with common sense, thank God!) I do think it would be good to see what happened in FL that day, but time is short now.

The request now before Nevada is for the nevada court to ENFORCE the order by finding her in contempt and returning the child, and to consult with NY, FL, and NV to determine jurisdiction. IF NY reserves jurisdiction, then all is well. IF NV takes juridiction, all is well. If FL gets it my ex will use the home court advantage to flip custody and "GET EVEN" with me.

 

[LdiJ]

I do believe that the court order, being for a SPECIFIC period of time, may force this back to NY. But also, the court oder DID specify NEVADA as the child's destinaTION FOR the childs return and "THE EVENTUAL PHYSICAL CUSTODY" with me. I have consulted an attorney. My arguement is that:

NY does not reserve jurisdiction, (however, it may fall to NY in this case)
FL has denied jurisdiction,
therefore, it falls to NV to take jurisdiction.

I believe the FL judge is quite aware of what my ex is up to and therefore denied the petition to allow me time to see what I can do. (There ARE some judges with common sense, thank God!) I do think it would be good to see what happened in FL that day, but time is short now.

The request now before Nevada is for the nevada court to ENFORCE the order by finding her in contempt and returning the child, and to consult with NY, FL, and NV to determine jurisdiction. IF NY reserves jurisdiction, then all is well. IF NV takes juridiction, all is well. If FL gets it my ex will use the home court advantage to flip custody and "GET EVEN" with me.

Florida denied the emergency, ex-parte petition, based on there being insufficent evidence for an ex-parte decision....that is different than declining jurisdiction. They merely declined to make whatever emergency ruling she asked them to make.

I honestly don't believe that NV can take jurisdiction of this case. You are asking them to enforce an order made in another state, and to enforce it in yet a third state. I honestly don't believe that NV has the authority to do that.

I think that you are wasting time by filing anything in NV. Even if you get a ruling in NV you will STILL have to domesticate that ruling in FL in order to get FL to enforce it.....why not just do the same with the NY order that you already have?

 

[NVdad]

about fl

If its domesticated in FL, doesn't that put me at a disadvantage? My ex is there, she can file papers at will with little cost. Won't Florida try to change custody to my ex?