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Messages - Im-a-dad2

#1
Like Davy said - DO NOT FILE ANYTHING IN (or answer anything from) TEXAS!!!

If you do, you will be submitting to their jurisdiction, which would obviously suck for you.

I JUST went through this myself. My ex and I got a custody order in state "A". My ex and child moved to state "B", and I stayed in state "A", the home state.

I recently filed new motions in state "A", and my ex tried to tell me I had to go to her state to file, since she and my child live there now. That is a big NO!!

If there is an existing order in one state, then that state forever has jurisdiction, unless both parents move from that home state, or BOTH parents agree to a change in jurisdiction.
#2
General Issues / Re: moved away.
Aug 06, 2009, 05:31:47 AM
Just what do you mean by I "got lucky"? I don't quite understand what you mean...
#3
General Issues / Re: moved away.
Aug 03, 2009, 06:22:17 AM
Davy - We have another hearing on the contempt motion (and joint legal) in 90 days.

I do plan to fight for her to be found in contempt, since I believe she should be held to the court order just like I am (God forbid I stop paying CS!) I also believe that if her actions go unpunished, then what's to stop her from disregarding and/or ignoring the court order in the future??

Either way, I will post the outcome.
#4
General Issues / Re: moved away.
Jul 31, 2009, 12:07:59 PM
Oh, trust me, I know all about documenting. I've been a frequent guest lurker on this site for a long time until I decided to post recently.

Also, the Judge specified that if my ex does slip up, deny visitation, meddle or be difficult in any way, that I am to bring her back to court immediately, and (get this) he would consider changing physical custody.

Now, I'm sure it was said only to scare her into behaving, but still, the look of horror on her face was nice enough.

I am not counting on her to give me info about our child. I am preparing to be able to convince the judge that he should give me joint legal, so I can get the info from the school myself. (FERPA) Besides, I'm going to know a lot more about my child now that I can actually talk with my child, without my ex hovering over and monitoring every word they say to me.
#5
General Issues / Re: moved away.
Jul 31, 2009, 09:30:45 AM
Fortunately the Judge was, um, very pissed that my ex wouldn't even send me a measly report card, much less involve me in anything. The judge said to my ex: "He is still the child's father! He needs to know what's going on!"

I don't think gaining access is going to be a hurdle for me anymore.
#6
General Issues / Re: moved away.
Jul 31, 2009, 06:08:38 AM
So, at the hearing I got a temp visitation schedule, and we go back in 90 days to discuss the contempt & joint legal motions, and also to set a permanent visitation schedule. I will let you all know how it goes.

I am just so happy! I cannot wait for the first visit!

Also, the Judge was not happy with my ex at all, because of her moving and her attempts to keep me from our child. It was nice to finally hear someone tell my ex she was wrong.
#7
Which state was the first parenting plan created in? Also, who moved? Did the child move, or did you move?

If the child remained in the home state and you moved, then the state in which the child still resides has jurisdiction.

If you remained in the home state, and the child moved, then the home state (your state) has jurisdiction.
#8
General Issues / Re: moved away.
Jul 24, 2009, 12:00:43 PM
I had 4 official supervised visits, since it was only for a few months before trial.

Recently, each time I visited, my ex was present and occasionally my father (on Father's Day and my kid's birthday.)

That leads me to this question:
1. What if, before court, my ex and I agree to unsupervised? I created a visitation plan for if my child remains in the other state. If my ex agrees to it, I think I can submit it to the judge for approval...Perhaps I should try that?
#9
General Issues / Re: moved away.
Jul 24, 2009, 11:31:32 AM
I didn't take it as you being negative. I did want an honest opinion on my situation.

Question -
1. (again, not trying to be rude) How does supervised visitation work over long distance? (2 hours away)

2. If the judge does order it, can I at least ask for it to be with a family member? Last time it cost me $160 for 2 hours (at the provider I went to before for supervised visits, each visitation had to be a minimum of 2 hours or more...)
#10
General Issues / Re: moved away.
Jul 24, 2009, 08:31:45 AM
I did have supervised visits.

I previously had (court ordered) visitation schedule with my child for years. But when I met my current significant other, my ex started slinging allegations and she filed a motion for supervised visits.

After awhile, I didn't believe my lawyer was doing the best he could and fired him to get another. I did not find one in time for trial, and was not ordered a regular visitation schedule.

When my ex moved she said we could make visit arrangements. Obviously that seemed a better alternative than supervised, and/or going back to court again. My ex has allowed me to see our child maybe 5 times since they moved, for a few hours each time, but obviously its just not enough. Also, my ex won't agree to any kind of schedule.

So I filed a motion to enforce final judgment and adjudge in contempt. I also filed a motion for visitation.

Yes, my ex retained her attorney from when she lived here. They have not filed an answer to my motions. My ex also refuses to talk to me (or even let me talk to our child.)