Visitation question (dad is sex offender)part 2

[CCfrNY]

What is the name of your state?New York

I posted earlier, but somehow my thread was close. I dont know how or why.
The only other question i have at this point is when i file for a modification of the court order, do i need to file with the court that issued the order, or can i file in my own county?

Here is a copy of my original post:****************************

What is the name of your state? New York

My daughter's grandma has one saturday nite visit per month (her father's mother). She doesnt always get to see her everymonth. And we have tried to get along for my daughter's sake. So i sometimes allow her to keep her 2 nites at a time instead of just 1. The problem is she has been asking me to let her take my daughter to see her father who is in federal prison in pennsylvania. He has been locked up since before the baby was born. her bday is 11/2001. He is a sex offender.

I told her i didnt think that was a good idea. She said to me , well if he was in NY state i wouldnt even have to ask you. I asked her where she got that idea, and she said she had talked to the judge, her lawyer, and her son's counselor in prison and they all told her this. I said i dont know about all that. Well she said i could just sneak and take her and you would never find out, but i wont do that to you.

I want to know if she can do this? The court order is supposed to specify that she cannot take my daughter out of state, but it doesnt.

 

[bononos]

Where was it originally files?
How long have you been living in the current location? Have you established residency?

 

[Happy Trails]

https://forum.freeadvice.com/showthread.php?t=300660

 

[CCfrNY]

I have lived in Montgomery county since april of 2005. she filed for visitation in Tioga county after i moved here. but since i had not been here 6 months the case had to be heard there instead of here.

I am not sure what is meant by if residency has been established. I have a lease here for my apt, a job, and all utilities in my name. As well as my driver's license has been changed to this address, vehicle registered and insured here all that kind of thing. dont know if that is what you meant.

THanks for the help.

 

[Mbarr77]

I have lived in Montgomery county since april of 2005. she filed for visitation in Tioga county after i moved here. but since i had not been here 6 months the case had to be heard there instead of here.

I am not sure what is meant by if residency has been established. I have a lease here for my apt, a job, and all utilities in my name. As well as my driver's license has been changed to this address, vehicle registered and insured here all that kind of thing. dont know if that is what you meant.

THanks for the help.

Each state has residence requirements. Meaning a length of time that you have to live there before you are considered a legal resident of that state/county.

 

[CCfrNY]

okay. well i have lived in NY for almost 6 years. i have lived in my current home for 10 months. So i assume that is a sufficient amount of time for residency here.

It is just confusing to me since the court issuing the order is not in my county. I suppose it wouldnt hurt to try to get this done here first, and if that is not possible then go back to the other court, right?

 

[CCfrNY]

wow this M A R Y person is getting on my nerves quick today. DOnt you have anything better to do with your life than come to this forum where many people genuinely need help and try to irritate everyone?

 

[Mbarr77]

okay. well i have lived in NY for almost 6 years. i have lived in my current home for 10 months. So i assume that is a sufficient amount of time for residency here.

It is just confusing to me since the court issuing the order is not in my county. I suppose it wouldnt hurt to try to get this done here first, and if that is not possible then go back to the other court, right?

I would look into first, and find out what the residency requirements are. I wouldn't go through all the hassle to file in one county if it is not the right county!!

 

[Zephyr]

wow this M A R Y person is getting on my nerves quick today. DOnt you have anything better to do with your life than come to this forum where many people genuinely need help and try to irritate everyone?

click on the persons name- go to view profile, then in the blue line click add to ignore list, you won't see his posts any more

 

[bononos]

click on the persons name- go to view profile, then in the blue line click add to ignore list, you won't see his posts any more

Thank God!!!
Someone took over my job of telling everyone how to do that!

This poster has caused problems in very interesting posts today.
I hope the adm. can figure out a way to get rid of this troll for good!

Time to click ignore...again.

 

[CCfrNY]

I had another idea. Do you think i could possibly just write a letter to both courts to find out? Write a letter to the judge who issued the order and see if it can be changed to be more specific?

It would be quite a hassle, but i guess this has to be done in order for me to feel like i am doing everything i can as a parent to protect my daughter from being exposed to a disgusting predator, and sorry excuse for a human being.

I just cant let her be near him. And if for some reason she did get to be near him, it only makes a case harder for me if they have established any kind of a relationship with each other i have been told.

I mean at one point there was a restraining order to keep him away from me, but it expired in March of 2002 when i turned 18. He has been locked up since august of 2001. the baby was born nov 2001, and he is supposed to released Jan of 2008. But level 3 sex offenders have to register for life i have been told, and are not supposed to be near anyone under the age of 18.

 

[CCfrNY]

I really hope the administrator puts a stop to this headache soon. or i hope they find somewhere else to go and bother people.

 

[bononos]

I had another idea. Do you think i could possibly just write a letter to both courts to find out? Write a letter to the judge who issued the order and see if it can be changed to be more specific?

It would be quite a hassle, but i guess this has to be done in order for me to feel like i am doing everything i can as a parent to protect my daughter from being exposed to a disgusting predator, and sorry excuse for a human being.

I just cant let her be near him. And if for some reason she did get to be near him, it only makes a case harder for me if they have established any kind of a relationship with each other i have been told.

I mean at one point there was a restraining order to keep him away from me, but it expired in March of 2002 when i turned 18. He has been locked up since august of 2001. the baby was born nov 2001, and he is supposed to released Jan of 2008. But level 3 sex offenders have to register for life i have been told, and are not supposed to be near anyone under the age of 18.

Do you no longer have your attorney?
Were you planning on going Pro Se this time?

 

[Zephyr]

Thank God!!!
Someone took over my job of telling everyone how to do that!

This poster has caused problems in very interesting posts today.
I hope the adm. can figure out a way to get rid of this troll for good!

Time to click ignore...again.

I don't know why they can't just block him using his isp address or whatever it is...but I am not very tech savvy so it may not be as easy as it would seem

 

[CCfrNY]

I had a court appointed atty the first time. I just dont think he did everything he could of. I told him over and over and over my stipulations and certain issues that had to be addressed in the CO for me to agree to letting her have any visitation short of going to a trial.
Then when the order finally came in the mail it didnt address anything except grandma gets one saturday overnite visit/month. and has to return my daughter sunday. and she is responsible for all transportation.

it was a mess with me getting back and forth to court, and transportation at the time. it was almost a 3 hour drive each way and at the time i did not have my own vehicle. So i figured i could deal with one night per month as long as she didnt take my daughter out of state or to the prison. And i had also wanted the order to state that she was not to speak badly of me while my daughter was there, and not to give her any medication or haircuts or anything of that nature with my permission.

The funny thing is though that she has not seen my daughter at all since the order. not because of me, but because of her own schedule. But now she called me yesterday and wants to take my daughter saturday and drop her off monday. i told her that should be fine, but i wasnt sure yet. then she called back and said she wanted to bring her to PA to the fed prison to see her father, and i shouldnt stop him from seeing her. that its just as much his daughter as mine. I told her i didnt like the idea of her being around him, or in a prison to visit anyone for that matter. Then she told me the judge told her that if he was in NY she wouldnt even have to ask for my permission to take my daughter to see him. I told her i didnt know about that. But that started to make me wonder if that was true. and i know he is always trying to get moved. he is only a 2 hr drive from his moms house though anyways.
I also wonder if she really talked to a judge, and if she did if he knew what he was in prison for. Because she tries to lie for him to hide the truth of what he is really in for. Then she said to me "well i could just sneak and take her there and you would never know, but i wouldnt do that" . But i dont really trust that she wouldnt. And besides that my daughter would probably mention it to me. She is 4 years old, so she is constantly talking about everything.