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Author Topic: Jurisdiction Issues - Reposted from Custody Forum.  (Read 1286 times)

FredTheDead

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Jurisdiction Issues - Reposted from Custody Forum.
« on: Dec 02, 2014, 01:31:27 AM »
I am trying to help someone out with a custody case. Here are the relevant facts.

Mother and Husband of child born during marriage, and child, live in County A.

Alleged father lives in County B.

Neither party has nor can afford an attorney. Both Mother and Alleged Father are Native American.

Alleged Father filed a Petition to Establish in County B.

The Two courts are HUNDREDS of miles from each other and the Mother can not afford to drive to the court appearances.
Mother lacks the necessary skills to defend herself in the courts and feels railroaded by the Court Officials.

A Response was filed prior to mediation with a declaration stating that the court in County B lacks jurisdiction.

Mother Appeared at mediation. Stated that she was challenging Jurisdiction.

She was told that "We don't care what you claim, we are ruling on this case and we will take your child if we need to."

My question is this: What can be done to back this court off, if anything? What would happen if a Petition was filed in the correct jurisdiction? What would you do if you were in this situation (Experts).

Thanks for your feedback in advance.


 

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