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Author Topic: Facts not presented applicable now?  (Read 1222 times)

416021va

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Facts not presented applicable now?
« on: Jun 06, 2006, 08:08:48 AM »
I live in the State of Virginia but the child resides in Florida.

4 years ago, a final dissolution was entered granting the child primary residential custody with the CP.

I am the NCP.

I retained an attorney at that time, but the attorney "conveniently" did not petition for custody even though I repeatedly asked him to. Anyways, I filed a bar complaint against that attorney, but this did not help my problem of remaining an NCP.

I know that in the State of Florida, a sucessful petition for custody is based on a substantial change of circumstances, and/or "in the best interest of the child."

The attorney "conveniently" failed to mention that the CP was arrested for domestic violence against me. He also failed to mention that the CP decided to keep the child and remain in the State of Florida during a vacation that we took there. This was only a few weeks after CP's arrest for Domestic Violence against me. (Our initial residence in Virginia at that time was unfortunately for only 4 months though as we had just moved from Florida.) (Interestingly enough, CP asked local police (Virginia at the time) what would happen if she took the child away). The police told CP at that time that if they were to leave VA, they would be arrested for kidnapping!! I decided to leave child with CP in Florida as knowing how things work, I was afraid I would get lifted for kidnapping if I took him back to VA.

Please do not confuse my previous residency in Virginia with my present one.

I lived in VA during 2001, but moved back to FL for a few years. I moved back to VA in 2005.

My questions are as follows:

1) Could I move/petition for legal jurisdiction back to VA based on the above?

2) Could this ever help a petition for custody, or is it all useless?

Thanks again....







socrateaser

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RE: Facts not presented applicable now?
« Reply #1 on: Jun 06, 2006, 09:00:02 AM »
>My questions are as follows:
>
>1) Could I move/petition for legal jurisdiction back to VA
>based on the above?

Substantial change in circumstances affecting the child's best interests, means that there must be clear and convincing evidence that a change in the child's circumstances has affected his/her best interests.

Your moving does not change the child's cirumstances, so you have no case. What may have occured to cause the current situation re your attorney's actions does not change the child's current circumstances.

You have no case for a custody mod.

>2) Could this ever help a petition for custody, or is it all
>useless?

See above. You need to show that the child's circumstances have clearly and convincingly changed. I see no facts that come close to meeting this burden of proof.

PS. What your attorney "conveniently" did in the past is irrelevant to any statement of facts, unless you have facts to prove a conspiracy to defraud the court committed between your attorney and your ex. I don't like venting on this site, so please refrain from unnecessary negative remarks. Anger and vindictiveness just makes it more difficult to think clearly, so you're not doing yourself any favors. Thanks.

416021va

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RE: Facts not presented applicable now?
« Reply #2 on: Jun 06, 2006, 10:15:33 AM »
I did not intend to be vendictive, just giving you a primer of the story and how things got to my present situation.

I won't argue with you, apologies.

socrateaser

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BTW...
« Reply #3 on: Jun 06, 2006, 11:42:52 AM »
Your signature is distracting, because of its length, it makes me think there's another paragraph to read. If you would delete it or shorten to a phrase, I'd appreciate it.

416021va

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RE: BTW...
« Reply #4 on: Jun 06, 2006, 01:59:43 PM »
I have added the signature because I find it distracting when others tell me to see a lawyer, and don't understand that one of my goals is to obtain custody.

I'll not post it in your sub-forum only if that is ok. Getting advice from you is worth it.


Thanks


 

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