She's denying visitation what can I do? (texas)

[chambrick]

My wife now lives in North Carolina with our two boys.  I still live in Texas where the mediation agreement was and the jurisdiction still is.

It's been two years now since they've moved.  She has begun to deny me visitation, and is now threatening to not let me have them this Thanksgiving.

I spoke with the Raleigh Sheriffs office and they said they won't do anything without a court order.

What can I do to get some kind of court order to enforce the visitation?

Thanks

[FatherTime]

You didn't say if you had a prior court order.  

Also, I think that the jurisdiction now belongs in North Carolina, because after six months of living there, that is the state that is most likely to have jurisdiction under the uccja. (Uniform Child Custody Jurisdiction Act).  I would think that you would have to file an order to establish jurisdiction there and then proceed to establish orders there.  

Keep a log or diary of all denials of your parenting time.  All calls, and the topics of each conversation.  I would suggest starting to learn the laws of the State of North Carolina.  Check and see if you can appear telephonically.  It would help to find an attorney in the county of jurisdiction as well.

I'm not an attorney.

FatherTime

[janM]

I've read that with existing orders, as long as one of the parties lives there, jurisdiction will stay there. It would be different if he was filing a new motion.

Also, there is no contempt until she actually denies you your time - that is, you go to pick the kids up and she refuses to release them to you. At that point maybe you could get LE to make a report and take her to court for contempt.

[Davy]

First you may want to acknowledge that if you lived next door to your children and were being denied court ordered access to to your children that many times law enforcement DOES NOT intervene.

You would be required to file a Contempt motion in the court with valid  jurisdiction documenting the dates and times you were denied access ... the other parent did not comply with the court order.  

If you have an agreement that outlines access to the children filed with the Tx court (home state) that should suffice for original and continuing jurisdiction as long as you continue to live in Tx except for temporary absences.  Once you enter/file  into a judicial proceeding in the other state (except to argue jurisdiction; you WILL need counsel familiar with the uccja/pkpa) ... that will cause Tx to lose jurisdiction.  Otherwise you can sit back in Tx and learn to file Contempt motions (pro se; self representation) until the cows come home.

Children being denied access to parent ... you should consider using that verbage in all written/verbal communication ... is a very serious issue that often worsen in time so PLEASE DON'T LET THIS HAPPEN TO THE CHILDREN.

It would be best to read/study info about family law and particularly UCCJA (articles section on this site) before interviewing any attorneys and then only retain or counsel family law specialists with interstate experience (numerous in large Tx jurisdictions).  The time spent may save you a lot of money.

I'm not an attorney.  I'm in Collin County Tx and my children were once in a situation similiar to yours.

By the way, you probably want to demand the children returned to Tx for visitation periods especially if the current situation is unworkable.

Best to you and your kiddos.

     

[MixedBag]

I agree that TX retains jurisdiction because he's still there.

However, my WV Judge and EX#2 will disagree.

See here's the thing and the catch when you cross state lines.

TX has no personal jurisdiction to enforce an order issued in their state to a person who is far far away.  Even the next state over is far away.

So....you get a TX order and register that order in NC to have it enforced.  BUT NC can't (shouldn't -- but I'm no attorney) make new rules.  They should only enforce the order that TX issued.

Good luck!

This becomes very complicated....

Been following another situation and that's what the CP had to do.  Register the order in the new state to get the locals to "do something" and all that took an enormous amount of time.  meanwhile in the local court, the CP pushed for hearings and sanctions and stuff and eventually, yes, the NCP appeared in the CPs jurisdiction and turned over the child.

Now the NCP's parenting time has been suspended..... and after all the crapola the child went through, I don't think this was a bad idea.

Anyways -- if you feel this is complicated, it is.

I personally would be down at the courthouse and file just as soon as your CHILD is denied time with you.

[Davy]

Based on what  was posted .... and Fathertime appropriately asked if a court order is present ... TX, as the home state, has personal jurisdiction over all parties named in the agreement and is enforceable in the foreign state.  (only final judgements are registered and that process is relatively quick and easy).  

The Uniform Child Custody Jurisdiction Act is a uniform act (law of uniformity ie like other interstate pacts) to be implemented in all states for the protection of all parties against expensive re-litigation and to eliminate judicial competition.  The federal statue Parental Kidnapping Prevention Act (PKPA) is a simplified version of the standard UCCJA to override rogue state legislatures that did not implement the standard UCCJA or attorneys/judges that refuse comply with the law (statues).

If a parent files in the foreign state that state will have absolutely no jurisdiction on the left behind parent in the home state and it's orders are mute and unenforceable but it is best to confirm judicially.

These statues are easy to read and understand by a person of average intelligence (hello !).  My expensive very well versed Tx family law attorney  explained that the statues DID NOT apply to me .... meaning due to the bias and prejudice against fathers.  

[MixedBag]

I agree with everything that you're saying.....BUT

My WV Judge doesn't.

Just last fall, I sat in a courtroom and decided to keep mum and not argue with the judge about jurisdiction.

I'm in AL -- I moved here back in 1996.

Divorce was in WV.

Son stayed with his dad in WV.

Dad is still in WV.

Son decided to move/live with Mom last summer (2007).

So I filed everything in WV.

EX wanted it IN the court order that WV MAINTAIN jurisdiction and I said that putting this in writing was UNNECESSARY because the law says WV retains jurisdiction.

EX even brought it up to the judge in court -- it was one of his sticking points to not signing an agreement before we went to court.  Judge basically said that the law says that after 6 months jurisdiction changes.

I said that I didn't agree and that I didn't plan on changing jurisdiction becuause I wanted THIS court to know the history of all that has happened and would not file to move jurisdiction.

So......son got to move and there is nothing in our order like EX wanted.

Now the second part -- getting an order from a different state enforced where you need it.

The state has to have personal jurisdiction in order to have it enforced on someone in their state.

Therefore the order has to be registered in the new state and then acted upon.

We ran into this big time with EX#3's EX....OH issued warrant for her arrest, NV refused to arrest her and send her back to OH.  and on and on....

That's another reason why, if there's no cooperation to get CS paid between parents that are in two different states....the proper way to go is from CP's State CS folks to NCP's state CS folks who have jurisdiction over the NCP to go after them.

[Davy]

Thanks for your post MB ... and the honorable action on your part was to not argue or create jurisdictional issues.

I know Soc (in Ca) use to maintain the 6 month rule as valid (and may be it is in Ca) but  any reading of the foundation act (and IL and TX along with the PKPA) would easily depict differently.

To me, the original poster should understand that judges and attorneys habitually choose to argue issues like jurisdiction to escalate attorney fees WHILE one parent is denying the children access to the other parent.  In other words, the children have been put up for sale for the benefit of the legal and other government systems (which are in place to protect the family) and to the great detriment of children.   PITIFUL.

[rblzwife]

MB and Davy both seem to have valid reason for their opinions.  I am going through the same kind of thing... court order in GA (where she lived, and we divorced) I live in SC (where we lived 10 years prior to our move to GA)  she recently relocated to NC (without telling me where she and the kids were)... ANYWAY, i was under the impression that because NC,SC,Ga were all "sister states" the order was good where she is.  My suggestion to you is to find out what is relevent to YOUR state.  It stinks that states don't all have to follow the same rules and ex's can run, hide, deny visitation, and "we" have to fight just to be parents.  Whatever you do, DON"T give up.  Keep letting your kids know that you are trying.  If you send things (gifs/cards/letters), send them certified, with restricted delivery to ensure that THEY have to sign for it.  Your ex cannot sign for items that are not specifically addressed to her if you "restrict" delivery.
Good Luck.

[Jay Jay]

Move to North Carolina, do what ever you have to do to make sure the children are safe, make civil arrangements to see them with your ex partner, and see them as often as you can...they will only be young once, and not for long...It goes by fast.  Also, listen to Dr. Laura on AM radio, or online.  You may not always agree with  her, but she sheds alot of true light on things.  Good luck.