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Author Topic: Out of military and daughter is now in another state  (Read 4086 times)

marinemo

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Out of military and daughter is now in another state
« on: Apr 29, 2012, 04:40:38 PM »
Background: I have no set visitation rights to my daughter who is 12 because I was in the USMC when we first went to court. Our initial case was in FL where we were both residents. I am now a resident of NC and she just moved to Indiana.

My daughters mother is a massage therapist but is unemployed most of the time. I work FT and am a FT student.

1. I would like to have my case moved to NC from FL but not sure if that is beneficial to me getting visitations with her, or would Indiana or leaving it in FL be more in my favor?



MixedBag

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Re: Out of military and daughter is now in another state
« Reply #1 on: Apr 30, 2012, 08:10:20 AM »
IMHO -- neither...
 
Retired military here and 3 (wonderful) divorces behind me (two mine, one EX#3's).
 
So we dealt with different states and jurisdiction and stuff.
 
While you were on active duty, she was prevented from moving jurisdiction because you were protected under the SSCRA -- or dang it the SSRA -- Soldiers and Sailors Civil Rights Act -- but it has a newer name.
 
Now that you're out -- that no longer applies.
 
So....think about this....every time the CP violates the order, you're gonna need to file something in court to ask a judge to get the CP to comply.
 
Jurisdiction follows the child.....and after 6 months of living in Indiana, that's where it goes.
 
You want the court to have what's called "personal" jurisdiction of her -- they have to have the ability to reach out and touch her.
 
Unfortunately, this means you'll have to travel to Indiana every time you want to complain to a judge.
 
Any chance of moving to Indiana? ??? 
 
Yes, I had to do this -- WV/AL for one for me, and AL/NV/AZ for EX#3.....
 
However -- I just read that she just moved to Indiana -- from North Carolina by chance?  If so, then file immediately to have your parenting plan updated or to stop her from moving.....and keep jurisdiction there since you're still there.  (And that subject can go either way....some courts have agreed with that and others let jurisdiction move anyways).
 

Davy

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Re: Out of military and daughter is now in another state
« Reply #2 on: Apr 30, 2012, 04:55:38 PM »
This is for your consideration.  The statues dealing with jurisdictional matters and hence interstate custody determinations (ie access to a child) are part of a national standards act (UCCJEA) on the states' level and the PKPA at the Federal level (when the states don't follow the statues).  Many contestants deal with these issues with custody lawyers during divorce/custody hearings. 
 
I would suggest you seek a "rule of law" type counsel experience in interstate issues to have NC named the jurisdictional "home state" based on your responsible presence in the state especially given the unemployed CP appears irresponsible in relocating the child to Indiana (ie probable forum shopping).   The child's mere presence in a state does not necessarily guarantee or warrant jurisdiction to a state.  There are other considerations.
 
In addition,  since you are employed and furthering your education in NC for the betterment of your child's future it would be best to stay put and get your child with you.

marinemo

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Re: Out of military and daughter is now in another state
« Reply #3 on: May 12, 2012, 10:44:56 PM »
Thank you for your responses.
The CP moved from FL to Indianna, I stayed in NC where my last duty station was. We talked about moving to FL but since my ex, the CP had regularly talked about moving to IN (her boyfriend has 2 other children and family there) and we did not want to move to FL to have her up and move...like she did.

Where do I petition to have jurisdiction moved here? NC or FL where current jurisdiction is?

MixedBag

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Re: Out of military and daughter is now in another state
« Reply #4 on: May 16, 2012, 06:34:54 AM »
It's not FL because neither one of you live there anymore.
 
It's not NC because the child never moved there.
 
It's IN because that's where the mother took the child.
 
If it hasn't been 6 months, it could be Florida still -- but I wouldn't suggest that because neither one of you live there and it's no longer the jurisdiction that can reach out and really touch you.
 
SO....take your order and file it with the county that Mom lives in now and ask that it be registered and accepted there.  Then file a motion to ask for a new parenting schedule due to your release from the military.


Davy

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Re: Out of military and daughter is now in another state
« Reply #5 on: May 16, 2012, 08:19:11 AM »
Sorry !
 
MB provided some valid technical advice but I adamantly disagree with the statement "It's IN because that's where the mother took the child."
 
While that may be the status quo social policy there are numerous valid and relevant arguments against it.  One argument is that there is no known benefit  to the child for Indiana to gain jurisdiction (ie the parent did not relocate for a better job).  Another argument is that Indiana becomes the "obscouned to state" that deters the child's relationship with the other parent.
 
One would think that the mother would have relocated from FL to NC so that the child could maintain a relationship with the other parent simply because it is best for the child to have a relationship with both parents instead of selfishly relocating to Insanana.  Maybe she'll get a ankeren to up and move to Iii-n-noise. 
 
This is just some of the commentary which gave rise to the federal statues rightfully named the "Parental Kidnapping Prevention Act (PKPA; 1981).
 
File in NC and let her substantiate and prove up Indianna jurisdiction.  It can't be done if the courts follow the breathe and the width of the legal statues.

MixedBag

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Re: Out of military and daughter is now in another state
« Reply #6 on: May 19, 2012, 06:39:06 AM »
Davy is right.....sorta...some parents here have fought this and it went either way using his logic.
 
So I guess the bottom line is that you never know what will happen in court when it goes before a judge.
 
IMHO from experience.....(AL vs. OH vs. NV)....k?  If you fight jurisdiction, that issue has to be settled first and that will take time (like months, many months).    If you accept jurisdiction in IN, then you can get on to what matters -- getting time with the child defined.  Yes, going to court in IN and travelling will cost you money to get there......
 
So pick and choose your battles.  (I believe it's pretty obvious what I'd do -- but YOU have to choose).

 

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