My Daughter and I moved to FL in 2005, 6 years ago. I left my ex for being abusive but I never reported him to the police, big mistake. I filed for divorce in 2005 but I had to file in GA, which was where my daughter and I had lived with my ex up until then. The final decree of Divorce, custody, visitation, and child support was decided in 2008. My ex has filed two contempt cases against me since, always claiming I am not giving him visitation and every year I have to produce documents proving he is lying. I have been unemployed the last year and a half and don't have the ability to travel to GA for a hearing. The judge has refused, although I have asked on numerous occations due to inconveient form and hardship circumstaces, to relinquish jurisdiction and move our case issues to FL. Again, FL has been the home state of our child and myself, of which I am the primary custodian for the last 6 years. My ex still lives in GA and knows by his continual residence there that he can use the court as a vice against me. Is there any way to force a jurisdictional change based on these issues?

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Originally Posted by joshow

My Daughter and I moved to FL in 2005, 6 years ago. I left my ex for being abusive but I never reported him to the police, big mistake. I filed for divorce in 2005 but I had to file in GA, which was where my daughter and I had lived with my ex up until then. The final decree of Divorce, custody, visitation, and child support was decided in 2008. My ex has filed two contempt cases against me since, always claiming I am not giving him visitation and every year I have to produce documents proving he is lying. I have been unemployed the last year and a half and don't have the ability to travel to GA for a hearing. The judge has refused, although I have asked on numerous occations due to inconveient form and hardship circumstaces, to relinquish jurisdiction and move our case issues to FL. Again, FL has been the homestate of our child and myself, of which I am the primary custodian for the last 6 years. My ex still lives in GA and knows by his continual residence there that he can use the court as a vice against me. Is there any way to force a jurisdictional change based on these issues?

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If you've filed properly, then I'd say no. The judge doesn't see grounds to authorize a jurisdictional change and has already denied your request. You cannot "force" the judge to do what you want.

Have you contacted the court and requested that you be allowed to appear telephonically? That wouldn't be at all strange; many people do that with interstate cases.

Also, please only post your question one time. It's not necessary to post the same question only 23 minutes apart. Everyone here volunteers their time and will answer your question(s) as soon as we can. I've requested that your other thread be pulled.

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Originally Posted by joshow

. Again, FL has been the homestate of our child and myself, of which I am the primary custodian for the last 6 years. My ex still lives in GA and knows by his continual residence there that he can use the court as a vice against me. Is there any way to force a jurisdictional change based on these issues?

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Ga will have jurisdiction over the case as long as your ex is Ga resident.You can force no one;)
Ga would have jurisdiction, as the child's home state, but could waive this decision to Fl... but the judge refused to do it.

So basically what you are telling me is that the Judge has a right to abuse my rights as a US citizen. The court in this case is assisting my ex, who is a business owner in the small town, who takes me to court every month, knowing at some point, which is now, I won't be able to appear due to unemployment. And even though I asked not, the Judge is insisting I travel, costing around $500.00, not including attorney fees. My lawyer has informed me that if I do not have the money and do not show up in court, by default, I will be held in contempt. After that, my ex can file for modification of custody, based on the contempt, and I will loose my child. How is this justice! How is this fair... and how can this be allowed to happen! So because I am unemployed due to being laid off because of the economy, and have been receiving unemployment benefits.. not much at all... the lowest in the country... and my ex is behind in child support for nearly the last year... I am the one who takes the hit... I loose my child.. who has been ordered to be with me and recommended to be so by a foriensic child psychologist. I loose my child because the court chooses not to relinquish jurisdiction based on their own efforts to please my ex who funds them. There has to be something that can be done about this! This is the United States of America! The UCCJEA says that there are circumstances under inconvenient forum that must be considered in moving jurisdiction of a case. If I meet certain criteria... why is a Judge allowed to deny me my right? If Jurisdiction cannot be changed... I will loose custody of my child on the basis that I did not have the money to go to court in GA... how is this justice!

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Originally Posted by joshow

So basically what you are telling me is that the Judge has a right to abuse my rights as a US citizen. The court in this case is assisting my ex, who is a business owner in the small town, who takes me to court every month, knowing at some point, which is now, I won't be able to appear due to unemployment. And even though I asked not, the Judge is insisting I travel, costing around $500.00, not including attorney fees. My lawyer has informed me that if I do not have the money and do not show up in court, by default, I will be held in contempt. After that, my ex can file for modification of custody, based on the contempt, and I will loose my child. How is this justice!? How is this fair....and how can this be allowed to happen!? So because I am unemployed due to being laid off because of the economy, and have been receiving unemployment benefits..not much at all...the lowest in the country...and my ex is behind in child support for nearly the last year... I am the one who takes the hit...I loose my child..who has been ordered to be with me and recommended to be so by a foriensic child psychologist. I loose my child because the court chooses not to relinquish jurisdiction based on their own efforts to please my ex who funds them. There has to be something that can be done about this! This is the United States of America!! The UCCJEA says that there are circumstances under inconvenient forum that must be considered in moving jurisdiction of a case. If I meet certain criteria...why is a Judge allowed to deny me my right? If Jurisdiction cannot be changed...I will loose custody of my child on the basis that I did not have the money to go to court in GA... how is this justice!?

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You do have ways to appear. So far I don't see anything that you have said that leads to a contempt charge. You have been told that you can apply with the courts to appear telephonicaly. Have you asked yet? Have you asked for legal aid yet? What are you doing to push on the child support issue? How far behind is he?

Keep in mind you're the one that moved away. So its up to you to deal with the matter. Family Court is not about justice. Its about making rulings that concern children and adults over financial matters. It has limited protections for the individual.

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Originally Posted by joshow

So basically what you are telling me is that the Judge has a right to abuse my rights as a US citizen. .why is a Judge allowed to deny me my right? If Jurisdiction cannot be changed...I will loose custody of my child on the basis that I did not have the money to go to court in GA... how is this justice!?

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While I sympathize with your plight, I don't see where your rights are being abused or denied. The law is clear that, as long as one party remains within the jurisdiction of the original court, then jurisdiction remains with that court. Yes the judge may have discretion under certain circumstances, but the operative word is may.

Has your attorney tried a request for telephonic appearance? Has he tried countering with a request for court/travel costs for frivolous litigation? If he keeps pulling this and the judge keeps ruling in your favor then there should be grounds for that.

The point is that he also has rights and those rights are protected by law just as your are. It sounds like you are very antagonistic towards this judge and I'm guessing he is picking up on that.

I have asked and appeared in court telephonically in many cases. Due to the nature of the accusations my ex continually makes, where I have to produce documents and testify as to the lies he continually tells, the Judge wants me to appear. I have asked that the Judge make him pay my attorney fees and such for the frivolous litigations but my ex does not even pay his child support. The court there lets him file whatever he wants, do whatever he wants, and then turns around every year and allows him to try and hold me in contempt saying he is not getting visitation when he is... and then I have to prove that he had his visit and even more. I am frustrated with the system in GA which has catered to my ex who acts like a spoiled child who wants to either get his way all the time, despite what the court order says, and then make up lies every month and try to take me back to court. The system has held him in contempt five times. They have told him they don't believe his lies on numerous occasions but they don't do anything about it. Despite the fact that he does these things consistently, of which the court recognizes, they refuse to let jurisdiction move to FL where he can't and won't be allowed to get away with these antics any longer. They have allowed him to use the system as a vice against me and to be completely honest.. because it is the South, I am not from the South and I am a woman, they cater to his every whim and continue to try their best to assist him in bleeding me dry financially so that he can get custody. They do not require anything of him and everything of me. The law and court system should take into consideration the reason I left, the circumstance I am in, and the constant frivolous litigations he will never stop filing. Can't the State of FL help me somehow? I am spending unemployment money I receive from FL to defend myself in GA civil court because I have no choice. And at this point I feed my family or go to court in GA. The Judge has been made aware of this and does not care... he is trying to force me into a situation where I will lose custody. This is why I say, this is not just, this is not fair, this should not happen in the US! I appreciate your replies... I am not yelling at you lol.. I am just frustrated to no end with the atrocity that continues and I am held hostage to. I need help from anyone who thinks this situation could change somehow if there is a way at all.

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Originally Posted by joshow

So basically what you are telling me is that the Judge has a right to abuse my rights as a US citizen...because it is the South, I am not from the South and I am a woman...

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Yup! You got it up!
That's the way the system works.And the system IS NOT gender or area biased.The same system "produced"tens thousands men as fathers "by default"/remember Navaro case/.
I will try to make UCCJEA Jurisdiction change plain to you:

Case 1- parents divorce in the state X. Parent A moves to the state Y and parent B remains in X. The state X will have jurisdiction over the case as long as parent B remains in X

Case 2-parents divorce in the state X. Parent A moves with thee child to the state Y and parent B moves to the state Z. The state Y will have jurisdiction after 6 months.
That's the law.

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Originally Posted by joshow

This is why I say, this is not just, this is not fair, this should not happen in the US!

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Huh! Who said legal was equal to fair?

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Originally Posted by joshow

...because it is the South, I am not from the South and I am a woman...

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I suspect that the Georgia court would still refuse to accommodate you even if you were a born-and bred Georgia male living in Miami.

Ok... so as I suspected... I'm screwed. Thank you all for your imput and guidance!

Sorry about the other thread... I thought I deleted it.. that was an accident.

Have you tried counter suing? Have you talked with your attorney about what options you might have? Maybe appeal to the chief judge or a higher court.

I do find it unbelievable that he is allowed to play these games not only with you, but with the court. Judges generally hate to have their time wasted.