LdiJ.. A Question

[Kane]

You wrote in another thread -

Ok...here is the "deal"

You are totally free to move with your child. However, if you haven't lived in the new state long enough to establish residency then dad can certainly file for paternity/custody/visitation in the original home state....and certainly force you to return there for court....and possibly force you to return the child to that jurisdiciton.

Assuming of course that the child was born in dad's state or lived there for six months after birth.

But how often does this actually happen?

This is why I'm asking.

My brother's ex moved moved their child out of state. At the time, the court's orders prohibited her from doing so. My brother hired a lawyer, the lawyer scheduled a hearing, and the result was... the child stayed in AZ, the judge changed the visitation schedule, and my brother went from having his son at his house most of the time, to seeing him twice a year.

So I guess what I'm asking is - I know judges can order children to return - but how often do they actually do it?

I ask because I get the impression you know what you're talking about.

Thank you.

 

[brisgirl825]

Not LDiJ, but I'll butt in until she gets here...

How long was mom in AZ before dad filed anything?

 

[LdiJ]

You wrote in another thread -



But how often does this actually happen?

This is why I'm asking.

My brother's ex moved moved their child out of state. At the time, the court's orders prohibited her from doing so. My brother hired a lawyer, the lawyer scheduled a hearing, and the result was... the child stayed in AZ, the judge changed the visitation schedule, and my brother went from having his son at his house most of the time, to seeing him twice a year.

So I guess what I'm asking is - I know judges can order children to return - but how often do they actually do it?

I ask because I get the impression you know what you're talking about.

Thank you.

From my observations it is pretty frequent. However individual state law is a factor, the judge's general attitude is a factor, and the individual facts of the case are factors. A child's wishes can even be a factor.

 

[Nocgirl]

The move must be in the childs best interest, maybe a judge saw it as that.

 

[Kane]

LdiJ, the individual facts of the case were that neither of them really had any business having a child in the first place (a scenario that happens way too often). But I don't suppose that's really here nor there.

Thank you.


Brisgirl, my brother filed a motion with the court before she left for AZ. She left for AZ while the motion was pending, but before it had been heard.


Nocgirl, the move was definitely not in my nephew's interests, but I don't doubt the judge saw it that way. (Or else he just figured children belong with their mothers.)