What is the name of your state?What is the name of your state? NV, FL
I am back from my court ordered child pickup... for those of you wondering how this would play out, here's the story:
Jurisdictional hearing in NV was held 6/28. Ex appeared by phone, and did herself more harm then good. She refused to return daughter by June 30 per most recent court order (NY)... Judge got pissed! Judge gave NV temp. emergency Jurisdiction, issued a court order for pickup of minor child. I stated I would pick her up on July 1st, Since my ex was unwilling to put her on a plane, even if I payed. My ex was still on the phone, she KNEW I would be there July 1!
June 29, I left for FL, arrived in Tampa 10 am, rented a car, and went to county courthouse. After 2 hours, found someone who knew what I had to do... only to find the judge in the FL case on vacation for 12 days, and the papers locked in her office! took another 2 hours to get the papers and an emergency judge to issue pickup order. Went to the sheriffs and @ 6 pm. and proceeded to her residence. Boyfriend's vehicle was there... but no answer. (Turns out he was there hiding) Sheriff suggested I return in the morning.
I rented a room, returned @ 6 am... her car was there, so I called the sheriffs. 3 squad cars arrived, AND an unmarked car... they knocked, no answer. They got permission to enter, and FOUND THE EX, THE BF, and their child inside! My daughter was at her aunt's, they had planned to leave for DisneyWorld at 1pm! If I had arrived after 1 pm, it would have been kidnapping, an Amber Alert... what a mess, all because my ex WOULDN'T talk to me, or obey the NV judge. The police picked up me daughter IN A SQUAD CAR. She was so very upset! She cried all the way back to Nevada.
This was NOT an easy thing. The police refused to let the kid say goodbye to her half sister (my daughter is 11, sister 4) SOoooooooo... I arranged for the 2 of them to spend some time together before we left for NV saturday PM. What else could I do? I am a daddy, and my baby missed her sissy.
We had a hearing this week on the jurisdictional issue. The FL judge was ready to give it up from the start... on the basis that the stay in FL was TEMPORARY, and jurisdiction follows the custodial parent (ME, her dad) The NV judge had to review FL interpretation of UCCJEA, and accepted jurisdiction. We return to court in 2 months to resolve issues of visitation ( I intend to modify visitation to allow more time with the mother IF SHE BEHAVES HERSELF, for the kids sake) and the issue of damages, for my expenses to enforce the court order.
In the end... it's cost $3000+ in attorney fees, and over $1300 to travel to FL and pick her up... it isn't easy or cheap to travel last minute on 4th of July weekend! My daughter is just a poor kid who wants to be with us both, and my heart bleeds for her. I hope my ex has learned a lesson here (I think it scared the hell out of her), so we can get to the business of looking after our daughter. Her BF was the major idiot in this story, pretending to know something about the law because he has a relative who is a D.A. He told my ex she didn't have to accept service of papers from out of state (resulting in 2 drop services) and was the one hiding out in the Apt. when the police came. Correct me if I'm wrong, but if the Sheriffs were knocking on YOUR door and you saw 3 squad cars outside, would ya think they were just gonna leave and never come back? What an idiot!
As I told my Ex... I prevailed. I ALWAYS prevail, but nobody WON. And our daughter LOST, big time. I hope that finally sinks in....
NOTE to anyone moving out of state or even thinking of it: GET A COPY OF THE UCCJEA, it should be required reading! And please, think of the kids FIRST. Before my ex moved to FL, we had a very liberal visitation policy, and now we have to live by strict rules brought on by the cost and distance involved.
I am back from my court ordered child pickup... for those of you wondering how this would play out, here's the story:
Jurisdictional hearing in NV was held 6/28. Ex appeared by phone, and did herself more harm then good. She refused to return daughter by June 30 per most recent court order (NY)... Judge got pissed! Judge gave NV temp. emergency Jurisdiction, issued a court order for pickup of minor child. I stated I would pick her up on July 1st, Since my ex was unwilling to put her on a plane, even if I payed. My ex was still on the phone, she KNEW I would be there July 1!
June 29, I left for FL, arrived in Tampa 10 am, rented a car, and went to county courthouse. After 2 hours, found someone who knew what I had to do... only to find the judge in the FL case on vacation for 12 days, and the papers locked in her office! took another 2 hours to get the papers and an emergency judge to issue pickup order. Went to the sheriffs and @ 6 pm. and proceeded to her residence. Boyfriend's vehicle was there... but no answer. (Turns out he was there hiding) Sheriff suggested I return in the morning.
I rented a room, returned @ 6 am... her car was there, so I called the sheriffs. 3 squad cars arrived, AND an unmarked car... they knocked, no answer. They got permission to enter, and FOUND THE EX, THE BF, and their child inside! My daughter was at her aunt's, they had planned to leave for DisneyWorld at 1pm! If I had arrived after 1 pm, it would have been kidnapping, an Amber Alert... what a mess, all because my ex WOULDN'T talk to me, or obey the NV judge. The police picked up me daughter IN A SQUAD CAR. She was so very upset! She cried all the way back to Nevada.
This was NOT an easy thing. The police refused to let the kid say goodbye to her half sister (my daughter is 11, sister 4) SOoooooooo... I arranged for the 2 of them to spend some time together before we left for NV saturday PM. What else could I do? I am a daddy, and my baby missed her sissy.
We had a hearing this week on the jurisdictional issue. The FL judge was ready to give it up from the start... on the basis that the stay in FL was TEMPORARY, and jurisdiction follows the custodial parent (ME, her dad) The NV judge had to review FL interpretation of UCCJEA, and accepted jurisdiction. We return to court in 2 months to resolve issues of visitation ( I intend to modify visitation to allow more time with the mother IF SHE BEHAVES HERSELF, for the kids sake) and the issue of damages, for my expenses to enforce the court order.
In the end... it's cost $3000+ in attorney fees, and over $1300 to travel to FL and pick her up... it isn't easy or cheap to travel last minute on 4th of July weekend! My daughter is just a poor kid who wants to be with us both, and my heart bleeds for her. I hope my ex has learned a lesson here (I think it scared the hell out of her), so we can get to the business of looking after our daughter. Her BF was the major idiot in this story, pretending to know something about the law because he has a relative who is a D.A. He told my ex she didn't have to accept service of papers from out of state (resulting in 2 drop services) and was the one hiding out in the Apt. when the police came. Correct me if I'm wrong, but if the Sheriffs were knocking on YOUR door and you saw 3 squad cars outside, would ya think they were just gonna leave and never come back? What an idiot!
As I told my Ex... I prevailed. I ALWAYS prevail, but nobody WON. And our daughter LOST, big time. I hope that finally sinks in....
NOTE to anyone moving out of state or even thinking of it: GET A COPY OF THE UCCJEA, it should be required reading! And please, think of the kids FIRST. Before my ex moved to FL, we had a very liberal visitation policy, and now we have to live by strict rules brought on by the cost and distance involved.
It is no seceret that one of my sons had been in Iraq for more than a year and has take R&R several times, he had brought all my Grandaughters out to see me, his and his brother 2 girls, he has taken her to Space Camp, Skiing, Disney World this is not the first time I've talked about that He also was primary caretaker for his daughter from age 6 mo to 13 mo and again from 24 to 30 months because his wife was deployed, not a custody issue and I am the designated guardian on their family plan, so don't think there is any hidden agenda. I know a little something about military law, SSCRA and jurisdiction, in addition to my other areas and I back up my advise with apprioriate citations.