Who do I get emergency modification visitation from NY or GA?

[vivarantthang]

What is the name of your state? GA

i have full custody of my boys, as of 12/2/2004, and their father was incarcerated and was released in February. Upon release he told his case worker that he was going to kill me. The court order says he gets the children on Spring break every year and 2 weeks for the summer, and alternating Thanksgiving and X-mas's with social service supervision because he abused them and flead NY with them before.

Even though we live in GA, NY still has jurisdiction over the case, who do I file a modification for visitation too NY or GA? Also he has appealed that I have full custody, does this affect the appeal as well? I sent the letter to the judge that he threatened to kill me, and he sent it back saying it wasn't in a brief format? (Okay thanks alot)

This is an emergency because spring break is in a week. Will GA court do something now until NY can? I can't afford a lawyer or to go to NY for the modifying of this, can I do it via phone? I was willing to cooperate with the visitation until he threatened to kill me, now there is a serious concern for the boys safety as well. His case worker emailed his threat to me, but did not sign it or notarize, can this be used in court without it?

 

[stealth2]

If he is still in NY, then NY has jurisdiction and that would be the proper place to file any modifications. GA can't do anything, as far as I know.

As for why the judge wouldn't accept your letter - that was completely proper. He cannot accept ex parte communications. Like it or not, the other side has the right to be aware of all communications with the judge - so it has to be filed with the court in the appropriate form.

 

[LdiJ]

If he is still in NY, then NY has jurisdiction and that would be the proper place to file any modifications. GA can't do anything, as far as I know.

As for why the judge wouldn't accept your letter - that was completely proper. He cannot accept ex parte communications. Like it or not, the other side has the right to be aware of all communications with the judge - so it has to be filed with the court in the appropriate form.

However....if it were me, I would risk the contempt and deny the visit....in fact, I would make sure that I wasn't even home if possible. Anybody who is crazy enough to say something like that to their caseworker is crazy enough to attempt to act on it.

 

[vivarantthang]

CAn I testify via phone?

I can not afford to go to New York again! Can I be absent? I am financially tapped out with flying back and forth to New York for fighting for full custody of them. Me and the kids live in GA it isn't right. It takes NY forever to do anything, this is an emergency.

 

[Rushia]

You have to be able to file it, and appear. Some courts in NY have telephonic conferences, you could look into that.

 

[vivarantthang]

Amazing...

It just amazes me how I work everyday and minimum wage is too much income to get legal aid, I pay taxes. How he gets a lawyer because he is a 3 time felony child abuser and molester dope addict, and gets all the rights. Then we have to inconveinenced and run back and forth to NY, Only in America. When can jurisdiction be changed, is it 6 months after the original order?

 

[Silverplum]

I can not afford to go to New York again! Can I be absent? I am financially tapped out with flying back and forth to New York for fighting for full custody of them. Me and the kids live in GA it isn't right. It takes NY forever to do anything, this is an emergency.

You really can't expect an entire state government system, filled with tens of thousands of cases, to move quickly because of your declaration of personal emergency. And if you can't expect it, you can't resent it.

You live in GA because you so chose. Your case is in NY and you did not move it, but suddenly it isn't right. What isn't right? That you have to deal with NY after moving to GA of your own free will?

Sheesh.

 

[stealth2]

Well, yes, you do have to run back and forth to NY. Since you were the one who chose to move.

 

[vivarantthang]

I moved to GA because I was a victim of HIS physical abuse to me and my children, thank you very much. And this is an emergency, and if it were your child I am sure you would feel the same. He is capable of killing me and has come close to do it several times. So if you don't have legal advice keep it to yourself.

 

[stealth2]

I moved to GA because I was a victim of HIS physical abuse to me and my children, thank you very much. And this is an emergency, and if it were your child I am sure you would feel the same. He is capable of killing me and has come close to do it several times. So if you don't have legal advice keep it to yourself.

The legal advice is that NY has jurisdiction. I'm sorry you don't like that, The reason you moved is moot to that point. And LDiJ said what she'd do. I'd talk to a lawyer before denying visitation.

 

[vivarantthang]

You really can't expect an entire state government system, filled with tens of thousands of cases, to move quickly because of your declaration of personal emergency. And if you can't expect it, you can't resent it.

You live in GA because you so chose. Your case is in NY and you did not move it, but suddenly it isn't right. What isn't right? That you have to deal with NY after moving to GA of your own free will?

Sheesh.

Actually I do. If Terri Schiavo's parents can get the attention of Jeb Bush in 1 day and act I think that the government can be expected to move their asses about life or death situations. Maybe I can call Pataki and he will intervene like old Jebo did for the Terri Schiavo's parents.

 

[Rushia]

Actually I do. If Terri Schiavo's parents can get the attention of Jeb Bush in 1 day and act I think that the government can be expected to move their asses about life or death situations. Maybe I can call Pataki and he will intervene like old Jebo did for the Terri Schiavo's parents.

LOL. Don't count on that one sweetheart.

 

[Silverplum]

Actually I do. If Terri Schiavo's parents can get the attention of Jeb Bush in 1 day and act I think that the government can be expected to move their asses about life or death situations. Maybe I can call Pataki and he will intervene like old Jebo did for the Terri Schiavo's parents.

Ah, now I see. You consider yourself to be as helpless as a severely brain-damaged woman. That's just sad.

I don't see you as helpless. I see you as selfish and a bit stupid. But that's just my POV. Maybe Gov. Pataki will see you as helpless and worthy of his attentions.

 

[vivarantthang]

When the modification is heard, will the judge hear anything about child support, because when I was granted custody he was in jail and had no income, now he is working. So the judge didn't grant any. Will they hear that along with custody? Silverplum your the stupid one. COnsidering you have nothing better to do but sit on your computer and ass all day and insult people all day long

 

[stealth2]

When the modification is heard, will the judge hear anything about child support, because when I was granted custody he was in jail and had no income, now he is working. So the judge didn't grant any. Will they hear that along with custody?

You would need to file for that. Depending on when the hearing is, you may be able to have them combined. But there needs to be enough time for him to be served and to have adequate time to respond.