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How to get a case moved to another state.

Started by SJohn, Feb 28, 2012, 09:59:38 AM

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SJohn

This will probably be long, but I want all the facts presented. 
My daughter moved from Florida when her daughter was only 4 months old.  My daughter was never married to the father of her child.  She left Florida because she accepted a job with her same company so she could be near us (her parents) and we would be there for her financially, and to provide childcare.  The father of her child had a new girlfriend one week after the birth of his child.  He did not want her to leave Florida, but he did not offer any financial support, or help with daycare so that she could work and provide for her child.  She has been out of the state of Florida for 16 months.  Both mother and father filed for custody within weeks of each other.  Father only wants visitations, not full custody.  He knew mother and daughter had to be in new state for 6 months before my daughter could file for custody and child support, and he beat her filing by less than 2 weeks.  He was actually served before my daughter even knew he had filed.  Thus, my daughter had to hire attorney's in both states.  There is going to be an argument in 3 weeks to the judge in Fl to have the case sent to NC based on "convenience."  Everyone that knows anything about my granddaughter lives in NC.  She is now attending daycare here, she goes to church here, she has activities here.  My daughter's entire family lives here, and the father has one sister that lives here too.  What are the chances that the judge will rule to have the case heard in NC based on these facts?  My daughter can't afford to keep flying to Florida for court.  She has to rent a car, get a hotel room, and pay to eat out.  She loses time from work, and time away from her daughter.  Does this count for anything?  In the 16 months my daughter has been away from Florida, the baby's father has only made 4 trips to visit with his daughter, and they were for a weekend only.  He stayed at my daughter's house each time, and she even paid for his plane ticket one time.  They can not come to an agreement on visitation because he asks for his daughter to spend weeks at a time with him and his new girlfriend, but he has not bothered to try to keep his face familiar to his daughter.  He wanted his daughter for 16 days at Christmas and was not going to allow my daughter to be around her during that time.  He doesn't care how this affects his daughter, it's all about what's best for him.  In my opinion, he just wants to "play house" with his girlfriend.  Over last summer, he had his daughter for 2 nights, (around her birthday) and he got a babysitter one of the nights so that he and his girlfriend could celebrate their one year anniversary.  His daughter was leaving town the next day, but he couldn't stay home and enjoy her because his priorities were so messed up....in my opinion.  I give you this extra information so that you will understand that my daughter did not move to deprive the father of her child, she moved because of his selfishness, her financial situation, and so that her daughter would be around the people that love her.  They do not live in the same city as we do, but we still see our granddaughter at least every 2 weeks.  I lived with my daughter until my granddaughter turned 8 months old.  At that time we felt she could attend daycare.  When she gets sick and has to be out of daycare, we either bring our granddaughter home with us and take care of her, or we go to their place and stay.  Living in Florida was not an option. 
Back to my original question.  Do you think the judge will allow the case to be heard in NC?
Thanks!