Moving case to another state

[tigger]

You probably will not be able to change it since dad is still in home state.

Even if Dad agrees?  She said that he didn't like the judge/magistrate either.

My ex tried to get me to agree to move our case to another county (the one he lived in and we both worked in) stating that it would be closer to our jobs and therefore easier for each of us.  The real reason was that his wife got free legal representation in that county which would have been extended to him had I agreed to it.  I questioned my lawyer as to whether that would be allowed since the kids didn't live in that county and he said that as long as both parents agreed, it would likely be allowed.

[ocean]

We were able to switch our judge once, we had a lawyer do it.
I guess you can try and ask home state to give it up to new state and see if it goes through...especially if dad will not contest it...it "may" work but really since dad is there it should stay there and the home state laws should be enforced. (especially child support laws).

[Davy]

Sorry Tiger but you are talking apples and oranges.  A different venue and jurisdictional change is completely and enormously different.  As briefly discussed in principle, the UCCJA and PKPA were developed across the nation (impacting the world) with focused and well thought out legal minds for the  the protection of children.  Additionally, in the matter at hand, why should the GOOD PEOPLE of Illinois be further burdened because some dip in IN allowed a relocate in the midst of custody litigation.... ie schools are closing and consolodating so little kids are being bussed away from home, business's are closing, etc.  OMG they can't afford to mow the grass on the golf
course.

Just FYI.   

An IL judge (1st) in a jurisdiction completely foreign to my TX kids and both their TX parents ( Gp with $ & state-wide political influence) held hearings for 3.5 months (should have been one 15 minute hearing; wife had filed 2 days after arrival).   

My IL atty (1st) was supurb ($700).  IL judge (1st) determined IL had no jurisdiction over TX father and TX kids but refused to released the case until TX father filed in TX.

The new IL BM filed one day before that ruling in her home town venue (200 miles; she was only in the 1st venue for approx 10 days).  Again the TX father/kids had never resided in that venue either).

Another IL atty (2nd and free; 3rd venue) privately monitored all filings/actions in the 1st and 2nd venue (as well as TX) .   

TX father filed in TX 2 days later after the 1st IL ruling CLAIMING he did not believe in divorce.  TX
immediately and appropriately assumed home state jurisdiction BUT refused to order kids returned to TX (on numerous ocassions).   

NOW THE FUN BEGINS (puke)

3rd IL atty a good-ole-boy in 2nd IL venue dismissed the day b4 the 1st hearing for not responding to TX father... 2nd IL atty from 3rd venue (privatley been monitoring all actions) appeared and appropriately recused gp's judge for being "bias and prejudiced against TX father and TX children).

Next hearing expected within 2 - 3 weeks upon assigning judge from the 2nd venue judicial circuit.
After approx. 3 more months a retired judge was assigned from MIL's hometown approx 150 miles away ... against the rules; apparently never done.

TX father with experienced UCCJA/PKPA 2nd IL atty ($2000) file PKPA action in IL federal ct.  Federal judge ordered all actions in IL 2nd venue to cease and to NEVER again have anything to do w/TX kids and father.  BM ordered to return kids to TX and she refused order (like always).  Federal ct then ordered standing TX Temp. custody to father void ... then TX judge PO'd)

TX hearing ordered in 30 days with return of kids.  No show.

Approx. 60 days later at 10 minute TX hearing judge makes IL BM Temp CP and assigns CS and visitation to TX father 1 weekend per month due to the distance; 4wks in summer and 2wks at Christmas; whatever standard at the time.  TX father visited w/shabilly dressed kids in court house for approx 15 minutes for the first time in 6 - 9 months (but who's counting) .. TX father EXTEMELY CONCERNED/PETRIFIED

Approx. 4 contempts filed against BM for denial of visitation... each dismissed by TX court.  TX Father harrassed/intimidated w/arrest practically every visitation period by local IL LE.   

Begin learning of kids being in trouble in their home life.  Nothing certain.  BM's life-long friends won't have anything to do with her.  One husband called ... he had kinda taken my sons under his wing.   

Evidently youngest son phoned and voluntarily said enough ... generally speaking ... not specific... so got an IL job the next day 45 min. from kids, resigned from TX job, left signed CS checks with trusted TX friend to mail in, notified the TX court of my whereabouts, returned to IL incognito thereby DEFEATING TX jurisdiction.

Phoned the DCFS office in the 2nd venue where the kids resided to see if there had been any reports.  They assumed I was calling from TX, was not aware I was a former DCFS employee (IT professional)  currently officing across the street from their director, my manager had re-written the state's Child Protective Act and one of my former assistant soccer coaches was the head of IL Child Abuse offfice.  Of course they denied the existance of any reports but the third time I mentioned "my family' she said "look ... we consider the family as <name of live-in married boyfriend>, my wife the BM, and called each of the kids by name."  I knew reports had been made and politely ended the call saying "we'll see".   I'd known the married boyfriend for many years as a wall flower drunk.   

91st day of IL residency (law) I filed in 3rd IL venue (where the family had lived/worked for years, still owned property .. the only avenue available since the Federal ct had ordered the 2nd IL venue (where the kids resided) to NEVER again have anything to do with them (or me).

Once BM was served with papers, the next day she jumped on a plane to TX and I got 14 hours notice by phone of a final hearing for custody even though TX had lost jurisdiction.  My so-called IL attorney was out of town and I had no money to retain TX counsel on short notice.  In chambers, TX judge proceeded to provide BM legal advice, would not let me speak, and proceeded against my objections.  BM automatically REWARDED with permenent custody.  I got standard visitation, CS, all financial obligations including her dance studio expenses but I got basically 75% the home value (which she later refused to sign over when sold 4 different times).

Daughter (the oldest of three) contacted me within a matter of weeks desiring to live with me.  I initially refused (90 min round trip to/from school) but relented  surmising she was in SERIOUS TROUBLE in life.   That went on for for approx. 6 weeks during which time I discovered ..... and the tried to keep her with me but she went back to BM.  I started getting involved with juvenile specialists and others both locally and from the state capital that were involved in the community.

A couple of months passed when I got the call to get Dau (15) and oldest son (14) out of county jail.  Both charged of assaulting BM's alcoholic 6' 4" 240 lb boyfriend turned husband.  BM instructed to bring youngest son (10) to court house so I got all three and then had to move to BM's hometown which I had refused for 18 years.  House located about 5 blocks from BM and former MIL.  Note.  All 3 kids were very visual to the community.  Dau a jr varsity cheerleader and oldest son first ever freshman starter in a varsity sport (soccer).  Youngest a basketball/soccer star.   

Kids had been with me for approx 9 hard months (BM and juvenile problems) when BM's husbands ex-wife filed for Parental Termination to his two kids for his abuse of my kids and his alcoholism.  She had remarried a detective and knew of most the severe problems in BM's household.

I refused dispositions for all 4 of us and his ex-wife atty suit me.  I evidentually made agreement with the atty that youngest and I WOULD NOT be disposed or testify at trial (they could prove his CS was paid with my CS and the rest of my CS went to a case of beer a day) ... he had quit his job in a family-owned business.  Oldest 2 would be disposed and give testimony ONLY in my presence ... hoping they would not tell everybody to go .... themselves.   They were very angry and rebellious.

It was during these dispositions I learned of how very UGLY these kids lifes had become.  They were ashamed to tell me.  IMHO I think the authorities didn't want me to know these matters because they had been told I was a monster and moreso a whacked out disabled Vietnam veteran .. to them a trained killer.  Far from the truth.

At trial, I was called to testify but refused to testify against BM or her husband.  And GP's judge got smart-ass with me ... I left the court room

and walked down the hall to the State's Atty office to tell them I was taking the    kids                         B A C K   H O M E  T O   T E X A S.
 
The SA nodded in the affirmity (he knew more than I).  The two oldest left within 2 days (for their own safety as planned) and the youngest and I stayed for about a 1.5 weeks  ...  the end of the grading period.  Three local squad cars pulled up to the house just before we departed and I went outside.  No handcuffs...just high-fives and back-slapping then the youngest joined-in.  I noticed he was displaying the silver salute all the way out of town but gave him one.

 
The kids and I advised the BM and other authorities in both states exactly where we would locate ...  back in the neighborhood they were kidnapped from 2.5 years earlier.

The BM's husband (and BM) was parentally terminated by unamimous decision of the IL Appeal and Supreme courts.  A short time later they moved from their hometown ..........













   

[Davy]

Ocean ... I adamantly disagree with your advice to try to get the courts to function on a "social policy" basis simply because many children have been seriously exploited and otherwise harmed when that occurs.  That's not what SPARC or sites like this are about.

In the matter at hand there has not been a valid or rational reason given to even begin to justify a change to a different jurisdiction.

[nila fordyce]

I am sorry people, but it is never in the best interest of a child that is lovingly bonded to a good fit parent for them to be ripped away from a parent. And when this happens unfortunately, it is when one parent is very selfish (not thinking of the childs best interest at all) and wants to move thousands of miles away with the child. It is a very tragic situation in this country that some states allow this kind of thing to happen--some states worse than others--California. It is also a known fact that the Family Legal System is broken and is in desperate need of an overhaul sooner than later...The system is greedy, biased and incompetent...And it is proven that they still lean toward the mother no matter what the circumstances are. I have seen fathers taken from their beloved children just because a mother fell out of love with the father and wanted to move thousands of miles away to be with her lover. And maybe she accused him of having an erractic work schedule--so the child would be better off with her. This is what I call Legal Kidnapping and this kind of tragic and egregious thing happens all the time...It is the Family Legal System that is destroying the lives of children and devasting the parent left behind. The profound emotional impact this has on a child is life long and these very selfish parents and court system are the cause. Children thrive with both parents in their lives no matter what the marital status is--unless their is some form of abuse (real abuse) found. First of all, the move-away laws need be thrown out--no one understands them to begin with--it destroys lives of children and the so called experts that try and implement them are greedy, biased and incompetent. It is a major travesty!!! And it certainly is a no win situation with the father--besides all the money he loses.

Who ever came out with this article on this site needs their heads examined or go back to school--they don't have clue what they're talking about.
I have seen more fathers and children lives fractured by the system for NO reason or inane reasons.

[nila fordyce]

Sorry again, I just wanted to make myself clear that I am only talking about good fit parents in my comments--granted their are some bad seeds out there. But overall the majority of parents out there are good parents--however, nobody is perfect here. Please...We do seem to forget there are bad mothers out their as well-along some very narcissistic ones. I could name a few right now...It's just so tragic that the Family Legal System takes children away from GOOD parents--they don't discreminate here. The Family Legal System needs to change for the betterment of our children and their beloved parents.

[tigger]

Who ever came out with this article on this site needs their heads examined or go back to school--they don't have clue what they're talking about.
I have seen more fathers and children lives fractured by the system for NO reason or inane reasons.

To what article are you referring? 

The original post was asking about moving jurisdiction.  The CP and child had been living in the new state for quite some time already.  While I'm sympathetic to your apparent anguish, hijacking a post isn't the proper means to vocalize on a topic not presented within the original text.

[soccermylph]

Ocean ... I adamantly disagree with your advice to try to get the courts to function on a "social policy" basis simply because many children have been seriously exploited and otherwise harmed when that occurs.  That's not what SPARC or sites like this are about.

In the matter at hand there has not been a valid or rational reason given to even begin to justify a change to a different jurisdiction.

How about getting the case away from an obviously incompetent magistrate, as well as from an obviously flawed system which would appoint someone like that to "judge" and to screw up a child's life?  If I and the other parent can't agree, yeah shame on us, but at the very least, let the issues be decided by an actual judge, and not someone who didn't make the cut.  In Illinois, rulings are made by actual judges.

[Davy]

Simply amazing !!  The state of Illinois is known to be one of the most judically and politically corrupt states in the nation and it has been that way for many many years.  Why relocate to IL rather than IA or VA or TN,  etc.  A noted author of children issues published a book titled "Our Endangered Children (1980)" and specifically named IL and one other state as the worst states to relocate a child due to their custody rulings..

Moreover, the reasons given for the desired new state forum flys in the face of numerous interstate judical standards and laws and is likely not be acceptable to either state.  In other words, both states are likely to decline and/or reject such request.  On the surface, it certainly appears you desire to continue protracted custody proceedings in order to receive more favorable rulings and further, should you dislike the rulings you can just uproot the child and relocate to another new state or country.

Besides, parents could reach agreements (for court approval) concerning their child(ren) in the forum that very recently issued decisions and is familiar with all parties.