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Author Topic: Crossing state lines (UCCJEA)  (Read 3886 times)

1eagleusa

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Crossing state lines (UCCJEA)
« on: Feb 07, 2011, 03:24:22 PM »
Hello and thank you for your time and looking at my post as well as any help you can provide. I will try to make it as brief as possible and can add more detail should anyone need it.

Background Info:

I (BF) moved to MO from FL 5 years ago.
When my son was 2 I was successful in proving neglect/abuse. Although doctors, nurses and various other professionals testified the judge refused to change custody.
Over a year ago my son 14 at the time indicated he could no longer take the verbal, mental and occasional physical abuse. I had discussed his past with him and how I had tried to obtain custody and take him from that situation. How it drained my entire savings, lost my house at the time and from then on had to pay so much support I could barely live. I did it in a way he could understand not feel guilty or feel it was in anyway his doing. I explained to him that I could not attempt this again unless I he was willing to make an equal effort and that he was to think about that, letting me know when he fully understood the sacrifice he would have to make (i.e. testifying to the abuse and other issues). In May 2010 he informed me he had put serious thought and things had gotten so bad he had attempted to run away a couple of times and that did not work so wanted me to live with me. Knowing he was going to therapy asked for a teleconference at which time I presented to the therapist, his mother and my son at the same time to write up a document stating that if during his summer vacation continued to desire living with me he would be allowed. I know this is not a legal document but knowing her was the best I could do. The therapist said he did not think having it in writing was necessary but I assured him it would be. The next week I received a document signed by my son and his mother stating his desire to live with me.

The present:

Now my son has lived here with me consecutively for over 7 months. I contacted almost 20 FL attorneys and all wanted between $7,000.00-$10,000.00 to do this for us. I contacted 3 para-legals and they wanted between $3,000.00-$5,000.00 just to do the paperwork but not be able to give instructions on order of submission and proper procedure to file (not looking for legal advice just send to who and when). None would work on a payment plan. I contacted 3 attorneys in MO and they said they would charge $2,000.00-$5,000.00 for everything and work out payments but was told that under the UCCJEA I still had to have a hearing in FL to transfer 'Home state' to MO and that they could not do, which that part I understood but dd not understand why would not file in MO requesting under UCCJEA MO take 'Home state'.

Future path:

This is where I am stuck. I do not mind paying attorneys to do their job but unfortunately since 2002 I have been on permanent Social Security visual Disability and with the income from that so low I am unable to save that much up. When my son arrived he had the clothes on his back and 1 extra day of clothing. I had to purchase new clothing for summer and winter, school supplies and extra curricular (football, etc.) supplies, not to mention the increase in food and utilities. I also had to pay her child support for several months after while he was still here. So my largest problem is financial other than that I think I have a great case and with him being now 16 the court hopefully can not ignore his desire as well as all the positives that has changed in his life. I do not mind doing it myself (Per Se), although would rather be represented by an attorney but have to be realistic in facing what can and can not be done financially and still provide for my son. Knowing the courts and the past dealing with them I know I have to have more than dots on my i's and crosses on my t's so to speak, everything has to be as close to perfect as possible. For myself to feel comfortable doing it myself I need a step by step detailed list of things to do and things to watch for with a proper set of the correct forms that need to be filled out. I don't mind doing the work just need the knowledge and that is where I need the most help and support.

Any help in suggestions, referrals, directions or anything would be greatly appreciated. Have a truly wonderful day and thanks again for your time.

Al

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ocean

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Re: Crossing state lines (UCCJEA)
« Reply #1 on: Feb 07, 2011, 04:24:29 PM »
Since he is 16, is there a reason you need to change it with the courts now? If child support was switched and you are not paying....maybe just leave it alone. When he is 18, case gets closed.

1eagleusa

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Re: Crossing state lines (UCCJEA)
« Reply #2 on: Feb 07, 2011, 04:44:48 PM »
I have considered leaving it alone but the child support issue has not been legalized or shall I say not put into court records only agreed upon by his mother and myself. There are 3 real reasons to have that switched 1) To release me of responsibility. Not if but when she becomes angry, low on money or just wants to she can go back to court and tell the judge I have not paid support and wham I am in jail or paying for when he was with me. 2) In Missouri child support goes until the child turns 21 or leaves school. Because he is disabled and the economy is the way it is I do not believe he will get a job anytime soon he will need that money to help him through school. 3) It was difficult before financially now with the increase in food consumption and utility usage, we are on a strict budget and I can not give him things like money for dances, sporting events at the school and have to see other families take pity and give to him.

His mother has never really wanted him only the money and that is why before now I have not gone to court to change it or ask for more for fear she would just request him back for the money not for the love.

ocean

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Re: Crossing state lines (UCCJEA)
« Reply #3 on: Feb 07, 2011, 05:38:59 PM »
I never had to do interstate but from what I read here I do not know if you can change the child support case since she still lives in original state.

You may just want to file in her state a change in custody/ child support papers due to child is with you since xx date and submit a COPY of the signed paper mom signed. Then take it from there. If she agrees...one day in court usually. Then you can go to your home state to see if they will accept it. I am thinking that you will have to deal with her state for child support. They do not allow you to switch states easily since some states are to 21 and all CP's would run to NY to collect 3 extra years...   :)

 

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