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Question
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Oct 9, 2008, 11:52 AM
| | New Member | | Join Date: Oct 2008
Posts: 4
| | | Want My Children to Visit Me. Order is from State Where Children No Longer Live Children were living with mother in Hawaii when order was signed. Children and mother are now living in NC, have been for 3 years. Does State of NC have jurisdiction or do we have to go back to Hawaii? I want my children to come visit me where I live and she is saying I have to go to NC to visit them. Child support, full day charges (no longer required) medical need to be addressed as well. Any ideas!? | | | | | | |
Answers
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Oct 9, 2008, 12:43 PM
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#2
| | New Member
Join Date: Oct 2008 Location: Southern California
Posts: 22
| I am a mother who had custody of my children while they were growing up. The state that had jurisdiction was the one I lived in. When I moved, I changed it to the new state. Check with a father rights advocate in NC and they might be able to help. Good luck |
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Oct 9, 2008, 01:17 PM
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#3
| | | Expert
Join Date: Oct 2007 Location: NY State
Posts: 18,223
| Quote:
Originally Posted by LostBlonde Children were living with mother in Hawaii when order was signed. Children and mother are now living in NC, have been for 3 years. Does State of NC have jurisdiction or do we have to go back to Hawaii? I want my children to come visit me where I live and she is saying I have to go to NC to visit them. Child support, full day charges (no longer required) medical need to be addressed as well. Any ideas!? |
Where are you living? Hawaii? Did she have the Court's permission to move and take them?
The original Court would entertain any modifications as long as you are in the original jurisdiction UNLESS someone can argue "great hardship" - at least that's how it works in NY.
It might be unreasonable for her to travel to Hawaii to have this matter heard but it is just as unreasonable for you to travel to NC. |
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Oct 10, 2008, 10:21 AM
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#4
| | New Member
Join Date: Oct 2008
Posts: 4
| I don't think she will go back to Hawaii to file. She is telling me she needs more money and I need to pay what the state of TX is showing for 2 children and what she thinks my income is. I am stationed in TX and want my children to now visit me since they are older. She is saying NO. She's a paralegal and being a bit manipulative with the whole situation. I will see who I can contact. Thanks Quote:
Originally Posted by sbowman1030 I am a mother who had custody of my children while they were growing up. The state that had jurisdiction was the one I lived in. When I moved, I changed it to the new state. Check with a father rights advocate in NC and they might be able to help. Good luck | |
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Oct 10, 2008, 10:24 AM
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#5
| | New Member
Join Date: Oct 2008
Posts: 4
| I am now stationed in TX. She wrote up the papers, so I am pretty sure I gave her permission to leave. I was thinking since we both reside in different states it would be easier to request a change of venue. Big issue is I would like my children to come visit me at my my home vice having to pack up and stay at a hotel for a week to visit my children because she says that they can not travel to see me. Quote:
Originally Posted by JudyKayTee Where are you living? Hawaii? Did she have the Court's permission to move and take them?
The original Court would entertain any modifications as long as you are in the original jurisdiction UNLESS someone can argue "great hardship" - at least that's how it works in NY.
It might be unreasonable for her to travel to Hawaii to have this matter heard but it is just as unreasonable for you to travel to NC. | |
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Oct 10, 2008, 10:54 AM
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#6
| | | Computer Expert and Renaissance Man
Join Date: Jan 2003 Location: LI, NY - USA
Posts: 33,652
Pay to call ScottGem for advice ($.75/min) | What does the custody/visitation order say? |
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Oct 10, 2008, 04:21 PM
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#7
| | New Member
Join Date: Oct 2008
Posts: 4
| Rather vague. We share joint legal and she has physical with arrangements to be made by parents for visitation. My current wife and I are going to look at the papers to see what approach we should start with. It just states that "arrangements agreed upon by parents." Well, the kids are older and I would like them to spend holidays and some of the summer with me and my family. Quote:
Originally Posted by ScottGem What does the custody/visitation order say? | |
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Oct 10, 2008, 04:47 PM
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#8
| | | Computer Expert and Renaissance Man
Join Date: Jan 2003 Location: LI, NY - USA
Posts: 33,652
Pay to call ScottGem for advice ($.75/min) | if you and the mother can't agree, then you will need to go back to court to get a more specifically spelled out agreement. |
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Oct 10, 2008, 05:50 PM
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#9
| | Christianity Expert
Join Date: Nov 2005 Location: Georgia
Posts: 36,875
| The current court order is in place and valid, if the mother will agree you can use the courts where she now lives if you wish to get a new order. |
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