Opinions needed/custody Jurisdiction?????

[RPS]

What is the name of your state? RI

Any opinions appreciated.

I will try to sum this up?
Facts: I had a daughter out of wedlock, we seperated when the child was 3mnths old. There never was any custody/visitation order. I have been in a new relationship since my daughter was 9mnths old, we have 3 children together.

We would have my daughter on a regular basis on weekends and sometimes during the week, since birth until a month from her 4th b-day. Without warning/notice my ex took my daughter in feb 2002 and moved to NY w/ her boyfriend. I got a lawyer we tried to find her but were unable. Then in Jan 2003 we located her in FL living w/her parents. We served her and court was in June 2003 but they threw out the case on jurisdiction. Then surprisingly in Sept 2003 we found her living in RI again w/her boyfriend that she originally left to go to NY with.

We served her on Sept 20, 2003, prior to that she states she came back to RI in late Aug 2003; she changed her address w/childsupport enforcement, and applied for assistance in the state of RI. We had 3 court dates Oct 2003, Nov 2003 & Jan 21, 2004. All continued to let her retain council, her 1st lawyer denied her because she refused her advice on staying in FL, she told the judge this, it is in the transcripts. The 2nd denied her because she can't tell the truth.

Finally in Jan 2004 I was granted supervised visits to reunite me & my daughter. She showed up to the 1st visit w/her boyfriend, which is not allowed, then refused to let me see her and refused to let me give her the birthday gift thay I brought her, all this was documented by the staff. I went to 2 more visits but she did not show. Then I found out in Feb 2004 a day after the 3rd visit that she did not show up to, that she fled RI & went back to FL leaving her boyfriend behind.

We served her in FL w/2 contempt charges one for the restraining order and one for the visitation order. She finally obtained a lawyer here in RI and he is trying to get a dismissal based on saying that she was not a resident of RI that she was a resident of FL. The case has been continued several times, we have collected a lot of evidence and asked her interrogatories. My daughter also has juvenille rhuematiod arthritis, which I just found out in late 2003. She has been hospitalized several times. When she left back to FL she never put my daughter back in school, now she is in kindergarten again and she will be 7yrs old in Jan 2005. She is in the same grade as her 5yr old brother.

Based on what I have said- she has moved several times w/in 3yrs-RI-NY-FL-RI-then back to FL, my family has been stable at the same residence here in RI for 5 1/2 yrs now. She applied for assistance in the state, she had a job here, she put my daughter in Kindergarten, and she was living w/her boyfriend. I just want to see my daughter and reunite her w/her younger brothers whom she grew up w/ & let her now she has a baby sister. I also want her to have a stable life.

What are my chances of retaining jurisdiction and obtaining physical custody??

 

[BelizeBreeze]

I'm going to let someone else figure this out simply because there is a larger issue.

Why did you not immediately file Federal Parental Kidnapping charges against her the minute she didn't show up for the visitation and you found out she had moved to RI?

I suggest you strongly think about it. And seek the advice of an attorney because there is a standing court order.

 

[RPS]

I have a lawyer, we are trying to get jurisdiction to stay in RI, based on what I have stated above in my first post. I also stated we have 2 pending contempt charges on her 1 for the violation of the restraining order the other for the visitation order, except we can not proceed until RI is stated as having jurisdiction.

That was what my question was, What are my chances of retaining jurisdiction and obtaining custody based on what I stated in my previous post???

 

[BelizeBreeze]

And what did your attorney say when you asked Him/her this question?

 

[RPS]

That is the thing he doesn't say much, I guess you get what you pay for. My wife as done most of the work on this case for him, because of her we were able to obtain my daughter's medical records in Fl and obtain her school records in RI. She also has brought up several questionable things to my lawyer based on my ex's, credibility, which she has none, in her answers to the interrogatories she states that she is living w/her parents in a 4 bed 2 bath home, but my wife has found the appraisal of the home listed as a 3 bed 2 bath home, and that not only is the parents, my ex and daughter livinging in the home, but also my exs sister and son are living there too. That means they all share a room together if it is a 3 bedroom as the appraisal states.

I have to keep on my lawyer to get things done, he thinks we have a good chance, but I just want more opinions and see if anyone knows any laws or similiar cases. Or advice on other things to look at to bring to my lawyers attention. Our evidence as stated is we have my daughters RI school records, we have the court transcripts, which she states she is living in RI and not here temporary as she is trying to state in her answers to interrogatories, we also have a copy of a letter from my daughter's doctor dated Aug 14, 2003, addressed to the Daytona clinic that "if you are not aware Gabrielle is moving back to RI in a month, we have scheduled her an appointment prior to the move." This was just before she came back to RI.
Now she says that it was an "entertained thought" when she said that to the doctor. Yet, why would they have made her an appointment and coincidentally she came back w/in the time frame as stated in the letter.

 

[RPS]

I am trying to cover all bases I dont want to lose jurisdiction. We also have a new judge on this case, which will hopefully help, it is a male, the last one was a female and I found complaints on her for being totally anti male. My lawyer says this new judge is very good at jurisdiction cases. Next court date is Mon. Dec 13. I am tired of the continuences.

 

[RPS]

Has anyone heard of any similiar cases like mine?

 

[RPS]

How would a judge look at how many times she has moved w/in 3yrs and w/ a child that has a severe case of juvenile rheumatiod arthritis???

 

[LdiJ]

How would a judge look at how many times she has moved w/in 3yrs and w/ a child that has a severe case of juvenile rheumatiod arthritis???

Unless there are indications that the child's medical care is being neglected, that won't be an issue at all. She really also hasn't moved all that much, relatively speaking. At least not compared to what judge's see.

 

[RPS]

Is there any justice in the system it seems like the mother gets away w/ everything. If I don't pay support I can go to jail but if she gets up & runs off w/our daughter they dont even give her a slap on the wrist at least not yet. What is considered moving around to much? I think that moving between 3 different states 5 times in 3 years is a bit much. What kind of life is that for a young child, escpecially on making relationships.

 

[RPS]

if I lose jurisdiction to FL??

If they rule that RI doesn't have jurisdiction, then I will have to fight this in FL, corrrect? What would be my chances and what kind of visits would be established? She wants me to only have supervised visits in FL when my daughter is on school vacations. But she also has 3 siblings w/me I can't afford to travel all the time & what rights do her half siblings have? I also have a feeling she may be coming back, because I spoke w/ her boyfriend whom she left behind when she went back to FL, I thought they where through but he told me they are back together, and he has been going down to FL to see her, she wants him to move down there but he says he has a good job here and wants her to come back here also because all of his family is here. I hope she does come back, but I feel like this is just a roller coaster. This case has been continued and ongoing since we served her in sept. 2003.
I was supposed to have a court date yesterday but was canceled because my lawyer is ill, now it is sometime in Jan. When we go back to court can we reguest for a decision to be made and no more continuences???