UPDATE: Dismissal based on Lack of Jurisdiction

[NYParent]

Hi everyone!

I just wanted to give everyone an update on my ongoing issue (jurisdiction). Original post: http://www.deltabravo.net/forum/index.php/topic,37430.0.html

To make a long story short, I just had my hearing in TX (I hired an attorney) and the judge in TX agreed that jurisdiction for this case was in NY.  My ex's attorney went as far as to say that our original CO was not legal as he could not verify that it was signed by a real judge.  The judge in TX told him that his argument didn't make sense as he could see the court seal on it.

I notified the court in NY of my ex's attempt to have jurisdiction changed and I submitted a copy of her petition.  The judge in NY contacted me and asked me what my preference was (NY of course).  The judge said that everything would be squared away during our upcoming court hearing.

So far it's looking good, I'm very optimistic.

Of course this has made the ex very angry.  She's not returning calls and is making communicating with my child nearly impossible (like scheduling it during my work hours and saying that's the only time she's available).  Of course I am documenting everything, but I was wondering if you guys had any suggestions on what else I can do in the meantime.  I do get every concern when she doesn't return my calls (haven't heard from her in a week) as she does have certain medical conditions and I'm afraid that something has happened and no one has notified me.  Her family is of no help either (they refuse to pick up or return my calls when I call to find out if everything is ok).  I have in the past done wellness checks by the police (two in total and my last one was 5 months ago) but I don't want to call too much.  Most of the times I get concerned (b/c she's unreachable for weeks) it has always turned out that she just decided NOT to call me back and not because something is wrong.

Any suggestions from you guys will be appreaciated.  I will of course update everyone once I have my hearing in NY.
Thanks in advance!

[ocean]

Is the child school age? You can see if the attendance records are on-line and see if child is going to school or call once a week until court to see if child was absent during the past week. If child goes to school you have the right to get all information and copies of everything in their record folder at the school. Contact teachers and set up communication (maybe email?).
If she wants you to call during the day, can you excuse yourself and make a quick call until court? Prove that she probably wont talk then either?
Send her a certified letter (with signature) asking when phone contact with child can be made...offer a few suggestions of times when you are not working and ask her to pick one by a certain date?
Does she have a NY lawyer? If so, CALL him and ask to make a phone parenting plan until the court date? Is she coming to NY for the hearing??? GOOD FOR YOU for keeping it in NY!

[MixedBag]

Round one, done.  Went good.

Suggestion?

Keep focused, stay calm, and keep pushing for what you know is right.

Did I say "stay calm"?  I'll say it again, stay calm and focused.

and of course, keep us updated.

[NYParent]

Ocean- No, the child is not of school age.  I do not have the child's daycare information (mom will not disclose- the CO is vague about it).  Because the child is a toddler, we do not do phone calls, instead we do Window's Messenger (video conferencing).  My work is such that I cannot stop what I am doing to make or receive calls (which is why she schedules it during that time).  I have sent certified letters requesting that we work on a permanent schedule and asking her to address the issue, she does not respond (one of the many reason's we're going back to a modification).

MB- I am very patient (more than what I thought I could ever be).  You're right, one down!

I will most certainly keep everyone posted.  Hopefully sharing the information can help someone else going through the same struggle....at the very least it lets me vent!