I thought the child support can be filed in the state the child lives in after 6 months of residence? Is that not correct?

I moved to get away from him, especially since there's a history of domestic violence that he never denied, and for a good and stable job.

I want to express my sincere gratitude for all the help and feedback on this! :-D

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Originally Posted by stone1

I thought the child support can be filed in the state the child lives in after 6 months of residence? Is that not correct?

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No. That isn't correct. It remains in the courts where it originated unless both parents have vacated the jurisdiction of that court. Like lets say he moved to Michigan And you Virginia. Then you could move it. But if it originates in that court and he still lives there then that is where it stays.

Forgot this.
http://rds.yahoo.com/_ylt=A0oGkjdS7J...stodypart1.pdf
Ref:

UCCJEA §201(b) makes it clear that §201(a), (that is, the four-pronged outline of jurisdictional prerequisites), is the exclusive jurisdictional basis for making a child custody determination. Personal jurisdiction over a party or a child is neither necessary nor sufficient to make a child custody determination. You must have subject matter jurisdiction under the Act. Under the new Act, a child need not be physically present in the state for the state to exercise jurisdiction, nor does a child’s absence from the state defeat extended jurisdiction if a parent, or a person acting as a parent, continues to live in the state.

Thank you califdadof3 so much for your valuable feedback and reference information. This make me feel good that I filed the change of venue to another part of the state.

First, the court accepting the change of venue request simply means that it was filed properly so they will hear the request. Change of venue is very hard get. Its granted only if the court feels one can't get a fair hearing in the original venue. And that will be extremely hard to prove.

On the other hand, while the decision on who the custodial parent will be is up to the court, I do find it hard to fathom that a judge would not listen to a 16 yr old's preference. Unless the current custodial parent can prove that you are either unfit or that it would not be in the best interests of the child to change custodial parent, I am surprised the request for change wasn't granted.

The problem here, for us, is we really don't know enough details about the case. And it would be impossible for us to get enough details without hearing ALL sides. So the best we can do is advise you on the applicable laws and wish you good luck!

I have spoken with a lot of lawyers, including hiring several, while others said they couldn't take it because of the complexity or who my ex's wife is.

I can't thank you enough for your time, thoughts and feedback!! I've been so frustrated when I know it's been wrong!! " The last lawyer reading the paperwork from the hearing in January 2010 laughed saying he couldn't believe it either. Thank you! Thank you! X million times!

Yes, my son said he wants to live with me and the law guardian stated it in the last hearing. I am nor unfit, nor unstable (thank god again) ;-) All of the feedback has helped me to think about this more! I'll go to the local law college that has NYS laws since I can't seem to find many on-line. I will also request the manuscripts for the last court hearing and the support showing how the judge was very firm with proceeding with a trial then dismisses the next day, and the support magistrate did not take into consideration any other factors including incorrect information submitted by my ex (I had bill of sales for a house and the mortgage balance, showing a $47K profit a month before his petition for support, while his financial disclosure had some small amount in the bank-something like $200-$1000, as well as not including his hardwoord floor business etc).

For NY laws you could look here.

Ref:

Laws of New York

Thank you so much for providing a better resource for NYS laws!! :-D

May god bless you, your family and everyone you love, along with everyone else that has provided their time, energy, feedback and additional information!!

I received my answer from NYC that they denied me because of lacking jurisdiction, and should be in the Fourth Judicial Department but that's where my ex-wife works for a Supreme Court Appellate Judge. I think I'll waste my time by putting it there. That's in NY, and I live in Virginia. Would you try to submit it into Virginia? I also asked the last Judge what they require for a request for a change for venue, and the secretary did not give me any directions. I asked if there was a form from the person that answers the phone, and they said to ask the Judge directly where they require since I won't put any more new custody or support petitions into their court system. (1.) I can try to request a chance of venue with a notion of motion, (2.) appeal to the supreme level which my ex-wife works, or 3.) try to submit an appeal in Virginia where I live? Thoughts?

Sorry for the typos but I'm so frustrated. :-( 1.) Change of venue, (2.) appeal to the ex-wife supreme court level, (3.) appeal to Virginia (even thought they don't have jurisdiction). I don't believe Syracuse would ever release to another court system. I do need to make sure I show that I did ask them for a change of venue, which is what I'll try next I think.

Am I reading this wrong or did your ex-husband change to your ex-wife?

Putting all of this info on a public board can cause you trouble - hope no one in the Court system is reading this because I think you gave enough info to ID the people involved.

- Just a word of warning.

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Originally Posted by stone1

My exhusband got with an assistant family court judge a month after I left,

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Originally Posted by stone1

CORRECTION - My exhusband is married to the assistant to the family court judge in Syracuse, NY.

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Originally Posted by stone1

I received my answer from NYC that they denied me because of lacking jurisdiction, and should be in the Fourth Judicial Department but that's where my ex-wife works for a Supreme Court Appellate Judge. .... (2.) appeal to the supreme level which my ex-wife works,

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Originally Posted by stone1

, (2.) appeal to the ex-wife supreme court level,

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Originally Posted by JudyKayTee

Am I reading this wrong or did your ex-husband change to your ex-wife?

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Good catch Judy. Things do seemed to have changed from an ex husband who married the assistant of a Family court Judge to an ex-wife who works for a Supreme Court Appellate Judge.

Don't you just love it when an OP tells a consistent story?

I have to wonder why a person would come on AMHD with an obviously fictitious story, seeking advice, and basically wasting the time of people who are volunteers, honestly and sincerely trying to help.

Happens all the time but my feeling is if you aren't smart enough to make up a story and keep it consistent, what's the thrill?

The "Assistant to the ..." part is not mentioned in the other threads which contain contradicting info.

People have taken a LOT of time to answer her/him (who knows) on other threads - I believe this person is a troll and I'm off to tell her so (one of those days, sorry!)