Messages

That's one of the primary problems with Family law courts, you can only get as much Justice and Law as you can afford. She can't pay an attorney so she will likely lose custody of that child. Shameful.

When both parents are living in California, barring exceptional circumstances, the California state courts would have jurisdiction over the custody matter. Therefore, child custody cases are most often decided in the county court where the child has the most contacts, such as residence, school attendance, child care, etc.

Law Offices of James V. Sansone

In this case, Residency, Birth mother and Legal fathers residence would be proper.

Tigger, Ocean: The child was born during a marriage that is still a marriage. The alleged father was the result of an affair, so he is alleged until a court order says he is the father with proof.

It is my contention that the court has no right to rule on the case because in order for them to have jurisdiction, the child must have lived in that county for the 180 days prior to filing. The law is specific in this. Clearly this is an abuse of authority and must be challenged.

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.

Child support is a funny thing. Not knowing what State you are in makes if most difficult to determine appropriate actions.

In my State, California, the Court wouldn't order Support Arrears paid in full unless it is agreed by the Child Support Agency, as they have to agree to the terms. So a court order wouldn't even happen without them.

The other thing is, Whether the support Arrears are owed to the Custodial Parent or the County for repayment of Welfare.

Again, if it's welfare repayment, Child Support is the only party authorized to do an "Offer in Compromise", not the court.

If the money is owed solely to the Mother, then the Mother has full authority to settle the debt at whatever she wishes, though she will have to sign papers with the Child Support Agency releasing them.

Typically, none of this applies if the child(ren) are under 18.

Good Luck.
Fredthedead.

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.