How do I file a Motion for Dismissal due to Lack of Jurisdiction (Custody Issue)
Key facts:
- My ex-boyfriend and I were in a commited relationship for over 1.5 years.
- I'm 29 years old and he is 38 years old.
- I became pregnant last March 2012.
- My ex was deployed in April 2012.
- I notified him about my pregnancy before he left for Afghanistan.
- We kept in touch via phone calls and emails.
- I lived and worked in VA.
- I delivered a healthy baby girl on November 21, 2011.
- I moved out of my VA residence four days after I delivered. I moved back home to NC to spend my maternity leave (I work in VA) and decide if I was going to return to work.
- My ex's name is not on the birth certificate because he was in Afghanistan.
- On January 26, 2012 my ex (through his attorney) filed a petition for paternity. He told me he didn't doubt Leah was his, but that this was the process to establish his rights as her father.
- Two weeks ago we had the paternity results hearing. The baby is his. However, his attorney tried to put in an emergency injunction which the judge dismissed because he was only doing paternity. She also was discovery of my finances which the judge dismissed. The judge told her it sounded like she'd need to file for child support. She stated she didn't want it to come to that.
- My ex sent an email three days before the paternity results hearing stating he was working on a visitation plan with his attorney. He also mentioned that he wanted to see our daughter; that NC was too far to drive from NY (he returned to the US on January 26, 2012). He stated meeting half-way in VA would be better option because he's currently attending Pace University.
- I asked if the visitation plan was part of another petition for the JDR District Court. He said no; that he didn't want to involved the court anymore.
- My ex has been back from Afghanistan since 1/26/12. He requested to see our daughter 5/6/12. Before that, I would ask via email when he (and his family) were going to visit our baby. He stated that he was unable to until the "process" of establishing he legal father rights was completed. I have not denied/discouraged him nor his family from coming to see our baby in NC.
- After seekin legal advice, I obtained an attorney in NC. Last week Friday, May 25th, my attorney filed a petition for custody. My ex's attorney had "threatened" to do the same in VA because I was keeping our baby from him.
- My ex's attorney filed a custody petition in Prince William County on Tuesday, May 22nd, although my attorney had spoken with her on Monday about my custody petition.
Our baby has been in NC since November 25, 2012. I filed the custody petition after she was six months of age.
My questions are:
1) Should I hire a VA attorney to get the VA petition dismissed?
2) Or can I complete a Motion for Dismissal due to lack of jurisdiction myself?
3) If I can, how do I write a Motion for Dismissal?
4) If my ex comes to NC to visit our baby, can he take her back to NY with him although we have both filed for custody?
5) How do I go about creating a visitation plan for a 6-month old baby?
6) My family reunion is in Jamaica this July, and I wanted to get our baby a passport? Will leaving the US be an issue because of the pending custody petition?
Lastly, I had not intentions of filling for child support (which I did in NC) or custody against my ex. He was sending $500/month since October 2011. I believe (and I have email documentation as support) he took this route (court) because he's upset I didn't give our baby the middle name he sent me two week before I went into labour. However, our baby has his last name. I say this route because parentage could have been establish without going to court. I desire to co-parent with him amicably.
Thank you for your assistance.
