unexpected twist

[janet7k]

What is the name of your state? TX and CO

Relationship occured in CO, NCP moved to NY so I moved to TX. After child was born in March, NCP moved back to CO.

NCP refused to settle things through the Texas Attorney General's review process, so I was informed by my case manager that child support and visitation will be set according to CO laws.

Is this correct, or was I misinformed? Just seems that where the child lives should determine these things, even if TX has no personal jurisdiction over him. (I have an attorney, but couldn't reach him this evening).

If this is correct, can someone direct me to where I can find standard visitation for CO for over 100 miles?

Thanks.

 

[rmet4nzkx]

Were was the child born? When?
How long was NCP in NY?
Did NCP acknowledge paternity or do DNA paternity test?
Are there any court orders?

 

[LdiJ]

The questions that Rmet asked are important. Make sure that you answer them very specifically and accurately.

 

[janet7k]

He was born March 23 this year.

NCP lived in NY for 4 months beginning late Dec. He tried to start a business there, failed, then moved back to CO to try there. (Rmet, you helped me in Nov. when he was trying to relinquish parental rights.)

I was covered by CO then TX Medicaid throughout my pregnancy, now our son is.

Texas Attorney General has all the orders which they will now send to CO, incuding order for establishment of paternity (he has openly acknowledged he is the father but not yet legally). The TX Att. Gen. caseworker said all NCP court appearances for NCP will now be in CO, and that CO will determine support and visitation according to CO laws because TX has no personal jurisdiction over NCP.

 

[jslopez711]

He was born March 23 this year.

NCP lived in NY for 4 months beginning late Dec. He tried to start a business there, failed, then moved back to CO to try there. (Rmet, you helped me in Nov. when he was trying to relinquish parental rights.)

I was covered by CO then TX Medicaid throughout my pregnancy, now our son is.

Texas Attorney General has all the orders which they will now send to CO, incuding order for establishment of paternity (he has openly acknowledged he is the father but not yet legally). The TX Att. Gen. caseworker said all NCP court appearances for NCP will now be in CO, and that CO will determine support and visitation according to CO laws because TX has no personal jurisdiction over NCP.

So, the child was born inTX? If so, TX has jurisdiction of this case, the child is, after all, one of us.

 

[LdiJ]

He was born March 23 this year.

NCP lived in NY for 4 months beginning late Dec. He tried to start a business there, failed, then moved back to CO to try there. (Rmet, you helped me in Nov. when he was trying to relinquish parental rights.)

I was covered by CO then TX Medicaid throughout my pregnancy, now our son is.

Texas Attorney General has all the orders which they will now send to CO, incuding order for establishment of paternity (he has openly acknowledged he is the father but not yet legally). The TX Att. Gen. caseworker said all NCP court appearances for NCP will now be in CO, and that CO will determine support and visitation according to CO laws because TX has no personal jurisdiction over NCP.

You did not answer one of the questions, a very important one. WHERE WAS THE CHILD BORN?

 

[jslopez711]

You did not answer one of the questions, a very important one. WHERE WAS THE CHILD BORN?

I think she did, re-read the medicaid part. I had trouble with it too.

 

[janet7k]

So, the child was born inTX? If so, TX has jurisdiction of this case, the child is, after all, one of us.

Aha..howdy neighbor

Yes, baby born in TX. I've been in TX since Jan.

 

[jslopez711]

So, the child was born inTX? If so, TX has jurisdiction of this case, the child is, after all, one of us.

Aha..howdy neighbor

Yes, baby born in TX.

The child will fall under Texas jurisdiction, what does your lawyer say? I'm suspecting you don't have one......

 

[janet7k]

I do have one, but he'd already left for the day when I called.

 

[jslopez711]

I do have one, but he'd already left for the day when I called.

Now, cut and paste the questions that rmet left, answer them one by one and we can go from there.

 

[LdiJ]

Its frustrating when we emphasize to people that they have to answer EVERY question, and they don't...LOL...invariably they leave out the answer to one of the most important questions.

OP...its possible/probable that CO will have jurisdiction for child support purposes, since that is the state of the father's legal residence (he wasn't in NY long enough to establish residency.

However, since your child was born in TX, TX would have jurisdiction over any visitation or custody issues.

 

[janet7k]

jeez!

Were was the child born? When? TX, March 23, 2005
How long was NCP in NY? 4 months besinning Dec 24, 2004
Did NCP acknowledge paternity or do DNA paternity test? acknowledges, but not yet legal
Are there any court orders? in the process--- TX forwarded notarized copies to CO today

I am just trying to understand why the caswe-worker would have thought that just because TX has no personal jurisdiction over NCP, that meant CO was the able to have what sounded like complete jurisdiction.

 

[rmet4nzkx]

While the answers will be important, the fact that you were on CO medicaid during your pregnancy, might establish the child support in CO which has Jurisdiction over dad but TX will have jurisdiction over custody since the child is a Texan. If dad fails to coporate, one of the 2 states will enter default judgements against him. Collection of child support will go through CO. Everything else is up to him to file for, custody and visitation which will be in TX

 

[janet7k]

Its frustrating when we emphasize to people that they have to answer EVERY question, and they don't...LOL...invariably they leave out the answer to one of the most important questions.

OP...its possible/probable that CO will have jurisdiction for child support purposes, since that is the state of the father's legal residence (he wasn't in NY long enough to establish residency.

However, since your child was born in TX, TX would have jurisdiction over any visitation or custody issues.

Pobody's nerfect

Thanks LdiJ...I'll let you know what I find out tomorrow.