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eirelassie · Aug 28, 2011, 02:32 PM

I have a 9 month old child. The father and I never married. We could not make our relationship work and I recently moved to another city about 150 miles away from the father, to be close to both sets of grandparents. I filed, in this county, for child custody and support and the baby's father, subsequently, filed in the county where he still resides. Now I am involved with two courts and don't understand who has juresdiction. He can afford expensive attorneys and I am getting by on umemployment and doing this with legal aid help but no one can tell me which court will take precedent. Am very confused. Thank you.

cdad · Aug 28, 2011, 02:44 PM

The court that has it is the one where the child had lived in so long as you haven't been away from it for more then 6 months. Also you may be forced to return with the child or return the child to that jurisdiction. In California they usually generate temoprary orders that bar you from moving outside the county without letting the courts know and decide on it.

You could have been charged with kidnapping depending on how it has been handled.

Fr_Chuck · Aug 28, 2011, 03:19 PM

Yes if you "just recently" moved, it would appear that the other county would have the jurisdiction for the case. And no there can not be two, I would assume that the father and his attorneys would have already challeneged your case.

And as noted they can even request the child be bought back close enough to allow visits.

eirelassie · Aug 28, 2011, 03:19 PM

I'm not sure what you mean by "how it has been handled." I could not stay in the house with the child's father and he would not give me any monetary support. My parents have provided me with a home in a gated secure community and can help me with support/child care while I look for a job. Are you saying that the courts will force me to move back to an area where I have no job or support and no place to live? I have been very cooperative about visitation, until the matter is resolved and want the baby's father in his life but just don't see why I should be compelled to move back. To what? No job and no family to help me.

eirelassie · Aug 28, 2011, 03:26 PM

I'm not sure what you mean by "how it has been handled." I could not stay in the house with the child's father and he would not give me any monetary support. My parents have provided me with a home in a gated secure community and can help me with support/child care while I look for a job. Are you saying that the courts will force me to move back to an area where I have no job or support and no place to live? I have been very cooperative about visitation, until the matter is resolved and want the baby's father in his life but just don't see why I should be compelled to move back. To what? No job and no family to help me.

Fr_Chuck · Aug 28, 2011, 03:30 PM

Sorry, I am sorry you disregarded the rules and gave a not helpful, That is improper use of the rating system and it has been reported.

It appears you have already researched the issue and believe you have the answer, so then first filed is it. If that is what you know.

Of course the fact that you can not actually file unless you have jurisdiction. Which means their attorney will ask it to be thrown out since you did not have residency to file at the time you filed.

But then to be blunt, if you don't have a high dollar attorney or at least a good attorney, the person with one, will find ways to file, to protect to ask for info that you will not do right or not file properly, So you have a very hard and up hill fight

cdad · Aug 28, 2011, 05:29 PM

Originally Posted by eirelassie

I'm not sure what you mean by "how it has been handled." I could not stay in the house with the child's father and he would not give me any monetary support. My parents have provided me with a home in a gated secure community and can help me with support/child care while I look for a job. Are you saying that the courts will force me to move back to an area where I have no job or support and no place to live?

The courts can force the child back into the area. Its your decision to move back or stay with your parents but the courts can rule against you and force the return of the child.

Originally Posted by eirelassie

I have been very cooperative about visitation, until the matter is resolved and want the baby's father in his life but just don't see why I should be compelled to move back. To what? No job and no family to help me.

I don't think a court will consider moving 150 miles away as being cooperative in any way. Do you expect that a 300 mile trip to see a child is a reasonable option when figuring visitation? The courts will find that unacceptable.

eirelassie · Aug 28, 2011, 06:01 PM

I can only hope that the courts are more sympathetic to my situation than what I've heard here, in this forum.