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    Tellier626's Avatar
    Tellier626 Posts: 6, Reputation: 1
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    #1

    Oct 24, 2013, 07:34 PM
    File a motion and acceptance of discrepancy of jurisdiction
    My oldest daughter has a 2 year old that has been living with her sister for over a year. She filed for guardianship in March which goes to court on 11/6. The baby's father in July decided to file for custody. He hasn't been a part of her life for 1 1/2 years. Both parents are not fit. Today he had court and won temporary custody. How do I file a motion of discrepancy of jurisdiction? Or is something else I should do to block this until 11/6?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Oct 24, 2013, 08:44 PM
    Were you in court ? Did you present evidence as to him being unfit ?

    And why do you feel he is unfit ?
    Tellier626's Avatar
    Tellier626 Posts: 6, Reputation: 1
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    #3

    Oct 25, 2013, 04:30 AM
    I had a funeral but the mother was and the judge would not even look in the file nor listen to her. I filed 150 pages of evidence: police reports, 3 DCF cases. The child has never lived in the county where he filed. There is an open case already in the county where she has been living for 16 months. I just what to file something today to put a stop to the custody order.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Oct 25, 2013, 04:44 AM
    First, since this is a legal question I moved it from the Children forum. Second any question on law needs to include your general locale as laws and procedures, vary by area.

    Was the filing for guardianship done in the same county as his filing for custody? Is this 11/6 hearing in the same court? Were there any prior court orders in the county where he filed?

    Does he have an attorney? Do you?
    Tellier626's Avatar
    Tellier626 Posts: 6, Reputation: 1
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    #5

    Oct 25, 2013, 06:07 AM
    Quote Originally Posted by ScottGem View Post
    First, since this is a legal question I moved it from the Children forum. Second any question on law needs to include your general locale as laws and procedures, vary by area.

    Was the filing for guardianship done in the same county as his filing for custody? Is this 11/6 hearing in the same court? Were there any prior court orders in the county where he filed?

    Does he have an attorney? Do you?
    No, no, no, yes and no
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    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Oct 25, 2013, 07:31 AM
    The last two answers are very telling and are at the root of your problem. When you go up against an attorney without representation of your own, you start with 2 strikes on you. The judge probably didn't look at your evidence because he assumed it was improperly prepared because you have no lawyer.


    You also said you "filed 150 pages of evidence". Was this filed before the hearing? If so, he probably did look at them before the hearing and found them wanting. Probably because they were improperly filed.

    I would strongly suggest you get an attorney before the 11/6 hearing or it will be likely the child stays with his father.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #7

    Oct 25, 2013, 02:02 PM
    Can you desrcibe how you filed the evidence?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #8

    Oct 25, 2013, 02:23 PM
    Quote Originally Posted by ScottGem
    Were there any prior court orders in the county where he filed?
    Quote Originally Posted by Teller626
    ... yes, ...
    What's that all about? What prior orders in the same county?
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    ScottGem Posts: 64,966, Reputation: 6056
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    #9

    Oct 25, 2013, 02:59 PM
    Quote Originally Posted by AK lawyer View Post
    What's that all about? What prior orders in the same county?
    The way I read it the three NOs were to my 3 question in the middle paragraph. The Yes and No were to the last paragraph. Which means the yes is that the father has an attorney and the OP doesn't.
    Tellier626's Avatar
    Tellier626 Posts: 6, Reputation: 1
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    #10

    Oct 25, 2013, 06:14 PM
    Quote Originally Posted by AK lawyer View Post
    What's that all about? What prior orders in the same county?
    Sorry no. He filed in the county he lives and my daughter filed in the county where her and her niece live.
    Tellier626's Avatar
    Tellier626 Posts: 6, Reputation: 1
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    #11

    Oct 25, 2013, 06:16 PM
    Quote Originally Posted by cdad View Post
    Can you desrcibe how you filed the evidence?
    Just took to the clerk of courts office to file in the case.
    Tellier626's Avatar
    Tellier626 Posts: 6, Reputation: 1
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    #12

    Oct 25, 2013, 06:18 PM
    Quote Originally Posted by ScottGem View Post
    The way I read it the three NOs were to my 3 question in the middle paragraph. The Yes and No were to the last paragraph. Which means the yes is that the father has an attorney and the OP doesn't.
    Correct
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