Messages

Thank-you very much for the advice.

Short update and question.

Got a phone call last night.
All parties may actually agree on the new visitation schedule. Miracles never cease to amaze me.

Should we just put the visitation schedule on the court form for Modification of Parenting Time and both sign and file it in the original state (State A)?

And if so, does anything be included in the order that requests that State A keep jurisdiction?

Original Order in State A
NCP continuously resided in State A

Child lived in State B for 5 Years
Moved to State C for 1.5 Years
Moved to State D for 4 Months
Moved to State E for 1 Month
Moved to State F - now been there for 1 Week

Need to file Modification of Parenting Time.

According to UCCJA who has jurisdiction?

Thanks

Child's custodial parents are maternal grandparents living in Arizona.

Bio Mom lives in Florida with child.

Bio Dad lives in original state of order - Colorado


1. They have tried in the past to come get the child after they have granted visitation.

2. The child is only 9 years old. I do not believe that the mother will ever file any modifications anywhere.

3. Support order states:
"All payments for the current child support and child support judgement will be made by both Respondents payable to the Family Support Registry. No credit will be given for payment in any other manner."

I have been saving what I should have been paying in child support. Colorado CSE just stopped collecting in February 2005.

I did offer support to Bio Mom.  
Bio Mom and I agreed that her parents should no longer have custody and her parents no longer want custody.  Bio Mom asked me to draw up an interstate custody agreement.  I did using the format from this site and included a Child Support Order.  She thought everything was fine.

Her parents (legal custodians) now say that they will only relinquish sole legal custody to the Bio Mom. Now Bio Mom will side with her parents if (when) it goes to court.

4. Custody:
Grandparents have legal custody and the child is not living with them.

I wrote:

BM will not send child for visitation unless BF signs and has noterized a stipulation stating that the BF agrees not to file:

"any papers, documents requests or any other type of filing with the court system including by not limited to request for modification of parental responsibilities, custody, emergency orders of protection"

You Wrote:

"BM is about to commit criminal extortion, i.e., causing another person to act or refrain from acting in a manner that the person would otherwise not legally be obligated to do, by means of threat of force or intimidation.

Sign the doc. Get the kid, then file for custody and show the court the bullshit letter that you were forced to accomodate in order to see your child and watch mom get slammed."



One question:

If I file a Modification in Colorado and the Bio Mom does not oppose jurisdiction then can Colorado retain jurisdiction?

Thank-you for the info I didn't think it was legal but did not know that it was criminal extortion!

I have been wanting custody for a long time now but it is this kind of crap (and more) that has been keeping from my daughter.

The child will only be here for a week so I don't have much chance of getting anything done but a Motion to Modify before she has to go back.

Original Orders are in Colorado.

Child has been living with mom for 5 years. First in Arizona. Now in Florida for the past 1.5 years. Grandparents still live in Arizona.

I am not paying child support right now as Colorado and Arizona Child Support Enforcement refuse to collect on the current order to the grandparents since the child has not been living with them.

I believe that the grandparents are being investigated in Arizona for Child Support and Welfare & TANF fraud as welfare & TANF were being collected on behalf of the child while support was being received. The child support recieved was never reported to welfare or TANF.

Colorado State Statue says that any money not paid though the Child Support Registry is considered a gift to the child.

1.  Since grandparents have legal custody and this letter about my not being able to take any court action is from Bio Mom can't the grandparents still legally take her during my visitation?

2. How can I get Colorado to maintain juristiction?

3. Will the courts look on me badly for not paying any child support?

Child's custodial parents are maternal grandparents living in Arizona.

Bio Mom lives in Florida with child.

Bio Dad lives in original state of order - Colorado

Original Order states Grandparent's "have discretion to allow visitation and/or between the child and the Biological parents." This is the most recent and only Court Order regarding custody and parenting time.

Bio Mom states in letter she is the "legal temporary custodian of child" there are no Court Orders to this effect.

BM will not send child for visitation unless BF signs and has noterized a stipulation stating that the BF agrees not to file:

"any papers, documents requests or any other type of filing with the court system including by not limited to request for modification of parental responsibilities, custody, emergency orders of protection"

1. Is it legal for the child's custodial parents (grandparents) to give a letter to Bio Mom stating she is now the custodian?

2.  Is it legal to ask Bio Dad to give up any and all rights to the court system?

Thanks,  MarieB