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Navychick34
Aug 22, 2011, 07:07 PM
I am going to attempt to make this short and sweet. Me and my ex were divorced in 2006 in Minnesota. In the decree I was allowed to move back to Arizona, which is where myself and children were born and have family. I was given sole physical/legal custody.
In 2009 I joined the Naval Reserves. Due to this my ex took me back to court to attempt to gain custody. He was denied, however he was given half legal custody for the sole reason of my military service. He takes me to court every year and loses, however for the past two years I have asked for the judge to transfer jurisdiction to Arizona due to inconvenient forum. He has denied my request to transfer, yet he makes it very clear in his wording that Arizona is the home state of the children. My ex husband has filed motions that were false, refuses to discuss my naval parenting plan which basically is just a tool to prepare families for orders, he refuses to inform me if the children are on his medical, refuses to send me medical cards,and is uninvolved in their schooling and religious background.Overall he is difficult and it is affecting the children. Ive been dealing with it for 6 years now. There was abuse in the marriage as well as incidents with the children and himself. I agreed in court to lower his daycare costs 600.00 per month so that he could use that money to come visit the children. It has been about a year and a half since he's visited and he calls sporadically. Since most are not aware of what a select reserve is (which is what I am) title 10 states it specifically. Basically I volunteer, they can not make or tell me I have to be deployed and I am only obligated to do 48 drills and two weeks ADT per year. I am in no danger of being deployed unless a war broke out.
This is just a little background for you, there is more but I will not ramble. My questions are this:
Hoe long must I wait to request transfer of jurisdiction to the State of Arizona again? Is the judge who denied transfer the final say? I understand that since the ex resides in Minnesota that's enough to say Minnesota keeps it. However if everything that is in the best interest of the children is in Arizona, why would it not be a valid request?
What would be the most respectful way to get this judge to reconsider. To be honest, I feel this judge is giving the ex more than the benefit of the doubt of being involved, however the actions of the ex show other wise. My opinion obviously, but I really feel like my civil rights are being violated and I am being ridiculed because I serve my country. This is just how I feel of course but always going to court like this is taking a toll on me and the children. I have tried every civil nice way to go about this this right way. Any case law or suggestions would be appreciated.
Thank you so much;)
God bless

ScottGem
Aug 22, 2011, 07:16 PM
You will never get jurisdiction transferred to AZ unless your ex moves out of MN. That's the law. Jurisdiction remains where the original case was adjudicated unless both parents leave the jurisdiction. And then it goes to where the children reside.

As for things like medical insurance etc, did the divorce stipulate that he was to cover them under his insurance? If so, then you take him to court for violating the court order.

You can't force him to visit or talk to the children or be involved in their lives, but you can force him to adhere to the court orders. Also, you can try to get the court to award you court costs for frivolous litigation. But stop trying to get jurisdiction changed because it isn't going to happen and you are probably angering the judge by continuing to try.

Navychick34
Aug 22, 2011, 07:25 PM
That was my concern. Last year he ignored the motion, this year I had a lawyer so he answered the jurisdiction question. May I ask why there is even options to request change of jurisdiction if its never going to happen. My ex asked for change of venue from Minneapolis to Duluth, so will he be able to get that since he lives in Minnesota?
I know that I can not make him be involved. It's the simple fact that he isn't involved but has so much control over my life. I understand I must deal with it. I already requested to be awarded court costs due to my ex filing a motion within one year of the last motion, but the judge denied it because I receive child support.
Thank you for your quick response, I appreciate it.
v/r,
Val

Fr_Chuck
Aug 22, 2011, 07:28 PM
You can ask, since if the other party does not fight or will just agree it is allowed.

Next the court does not know where he lives, until he responds.

But as long as he lives in MN, it will stay in MN.

Navychick34
Aug 22, 2011, 07:31 PM
That seems to be the answer... lol... Thank you chuck for your response. The court knows where he is and he will and has fought me for just about everything going on 6 years now unfortunately.
Thanks again;)
Val

ScottGem
Aug 22, 2011, 07:35 PM
May I ask why there is even options to request change of jurisdiction if its never going to happen.

Because the parent may not fight it. But as long as he does, the court won't grant it.