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LostBlonde · Oct 9, 2008, 11:52 AM

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!?

sbowman1030 · Oct 9, 2008, 12:43 PM

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

JudyKayTee · Oct 9, 2008, 01:17 PM

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.

LostBlonde · Oct 10, 2008, 10:21 AM

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

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

LostBlonde · Oct 10, 2008, 10:24 AM

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.

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.

ScottGem · Oct 10, 2008, 10:54 AM

What does the custody/visitation order say?

LostBlonde · Oct 10, 2008, 04:21 PM

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. ;)

Originally Posted by ScottGem

What does the custody/visitation order say?

ScottGem · Oct 10, 2008, 04:47 PM

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.

Fr_Chuck · Oct 10, 2008, 05:50 PM

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.