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who has child support jurisdiction now?

Started by wallyworld, Feb 04, 2007, 12:43:53 PM

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wallyworld

I figured she said she would sing over custody in an agreement that, that would be easier (and not make her on the defensive side) and cheaper than filing an emergecny hearing.  BUT if she hasn't signed within the next week that is exactly what im going to do...
but im a bit confused.. So....

1. Lets say she signs what hte lawyer drew up AND the judge signs it and it is entered in IL court I automatically have custody now AND FL loses jurisdiction?

2.  If she signs it can the judge decide NOT to for any reason?  Why would he?  

3. She signs it and the judge does too.  Can she change her mind without petitioning the court and just come and get her or whould that be considered kidnapping?

4.  SO IL would ask NY for child support enforcment.  Would that be IL guidelines or NY (im in IL, she's in NY, child has never resided in NY)?

socrateaser

>1.  So once it is filed with a judge's sig.  does that mean I
>have complete custody and IL has jurisdiction on all custody
>hearings from now on?

Probably, since in order to get a judge's sig, you must petition for a change in custody in IL and use the stipulated agreement as evidence. But, it ain't over until the judge holds a hearing, and I can pretty much guarantee that will be necessary. Of course, your ex doesn't have to show up.

>
>2.  Can she get mad at me, call the courthouse, and have her
>sign. removed and retain custody?

My advice remains the same as it has been. File a petition to modify custody in IL, and simultaneously for a temporary order granting you sole custody so that the other parent can't change her mind pending the court's final ruling.

>3.  If i want child support do I go through IL or NY?

You can open a case with IL CSE (or whatever it's called in IL), and they will contact the NY court to make an order for support against the other parent.

>4.  What if my daughter visits for summer and she doesn't
>return her.  with the IL document I have custody right and she
>cant do it?

Until the IL court grants you custody, your agreement isn't worth spit. So, petition for custody and use the agreement as evidence of the other parent's position. She can still chane her mind, on the custody issue, but the agreement will be given significant weight by the court.

wallyworld

okay im confused now.  I don't think my attorney has petitioned for a custody change.  He just drew up the agreement because we both agreed....

So. ..

1.  If hte judge signs the stip without a hearing does that automatically mean ive gotten custody?

2.  What is my lawyer planning on doing with the stip when he receives it then as it's getting mailed to him?  HE acted like the stip was all I needed...

3.   So for child support IL will ask NY for it?  Will it be with NY guidelines (seh lives) or IL (me and the child reside)

socrateaser

>1.  If hte judge signs the stip without a hearing does that
>automatically mean ive gotten custody?

Yes.

>
>2.  What is my lawyer planning on doing with the stip when he
>receives it then as it's getting mailed to him?  HE acted like
>the stip was all I needed...

Based on your facts here, your attorney is correct.

>
>3.   So for child support IL will ask NY for it?  Will it be
>with NY guidelines (seh lives) or IL (me and the child
>reside)

NY guidelines.