[Caringmommie]

I want to get the jurisdiction of my divorce decree from the state that I got divorced in to the state that I have been residing in for 6 yrs. I want to get my kids custody changed to me from my ex without having to go to the other state. My concerns are for the safety of my children from abuse and neglect.

[cdad]

Have all parties vacated the state where the courts decision was first made?

[AK lawyer]

I want to get the jurisdiction of my divorce decree from the state that I got divorced in to the state that I have been residing in for 6 yrs. I want to get my kids custody changed to me from my ex without having to go to the other state. My concerns are for the safety of my children from abuse and neglect.

If the state you are in and the state where you got your decree both have adopted the Uniform Child Custody Jurisdiction and Enforecement Act (every state but Massachussets), and if your ex still lives in the state where the decree was entered, you can't do it.

[ScottGem]

First, ANY question on law needs to include your general locale as laws vary by area.

But, as AK noted as long as one of the parties remain in the jurisdiction of the original court then that court retains jurisdiction. If both parties have moved, then the court where the children reside has jurisdiction.

So, in either event its unlikely you will get jurisdiction moved to your area.

[Caringmommie]

Ok now I am confused. Let me give you all some more inf maybe to help me some more. I was divorced in Mass. (Lovely)... And I know reside in Florida. My ex is still in Mass with our older son. Back in 2007 he handwrote a letter, signed and dated it giving me custody of our youngest son, due to the fact he could not deal with him anymore. Upon doing so, that is when I found out that abuse, neglect and maltreatment was happening to my children.
Now, in our divorce decree, it states that we can make other arrangements with the children amongst ourselves without courts being involved. So does this letter he wrote do me any good in all this? Plus I was also told by many attorneys that I could and CAN fight this in the state I reside in based on I am a resident for over 6 months in this state. If there is no way that I can fight it in another state, then why is all these attorneys telling be it can be done? Was I misquoted so these attorneys would get money from me and then screw me over? I think if my ex signed over custody on his own (which is worded in decree that we can do such arrangements with children)then I find out all about the abuse issues, and the state of Florida has issued a emergency injunction for protection for both of us, then why can't Florida courts have a UCCJEA telephonic conference with the other state and ask or demand to take over the jurisdiction of this child matter? You would think that the courts SYSTEM would want what is best for this child. It upsets me that my son has lost 4 yrs of his life as child de to his biological father. And with that being said, My son now talks of suicide and death, and most scary... killing his father and girlfriend if ever he had to go back. And he knows that he would go to jail for such actions. And the courts IGNORE this child's feeings.. Sad... Now what can I do?

[ScottGem]

If the divorce decree specifically allowed for modifications without going back to court, then the letter you have should stand up. At least as far as the youngest goes.

I don't know what these lawyers were talking about, maybe they misunderstood the questions that you asked. But I know the UCCJEA is clear on this point. That as long as one parent remains in the jurisdiction of the original order, then that court retains jurisdiction.

That does not mean you cannot request that jurisdiction be transferred. It also does not mean that you cannot attend a hearing by telephone. These things have been know to be done.

[kcomissiong]

I'm going to agree with the others that as long as your ex still lives in Mass. Jurisdiction will remain there. It seems pretty cut and dry. You can always try to have the jurisdiction based on where the CHILDREN are established residents, but its certainly no guarantee as long as your ex remains in the state where the divorce decree and original custody order were entered.

[AK lawyer]

Note that the UCCJ&EA provides for emergency orders from the court in your state. Also note that it provides for such things as telephonic hearings and the taking of evidence by modern means. So I disagree with your conclusion that "there is no way that [you] can fight it in another state". In short, you don't necessarily have to travel to Massachusetts in order to ask the court in that state to modify your custody order.

[JudyKayTee]

I'm going to agree with the others that as long as your ex still lives in Mass. jurisdiction will remain there. It seems pretty cut and dry. You can always try to have the jurisdiction based on where the CHILDREN are established residents, but its certainly no guarantee as long as your ex remains in the state where the divorce decree and original custody order were entered.

I can't find this exception. Would you please give your source? It would appear, because it is law, that the Court would not entertain a motion based on the residence of the children.

[Caringmommie]

Update... I just came from my attorney's office. I gave her all the research that I have been doing on my own at home. Her paralegal, her and myself all pulled together coming up with ways to get the system to listen. Florida does have jurisdiction under the emergency Injunction ordered through this court system. When the judge read all proof and evidence provided at time, he in no way could send this child back to that sitution. Therefore giving the courts in Florida jurisdiction over my son as stated on the injunction.
So with that in mind, my attorney is going to brainstorm this for the next few days and get back to me. She may just file for a court motion here for the judge to hear all the facts and then get in contact with the court in Mass on negotiating on jurisdiction and custody of child. Plus there are going to be some plea bargains in the making as well to approach my ex with.
To ScottGem----- Yes in my decree there is a line under the child custody section that clearly states that it is understood by the parties that visitations may occur at other mutually agreed times. And that is without the courts being involved. So his written letter signed, dated by him saying that our youngest son can come live with me for the school year falls under that section. In that time frame is when all the abuse, neglect, maltreatment had come out at the Psychologist office. Then he in return called to file a abuse case report. So my ex basically gave up the child cause he could not deal with him anymore.
So my attorney is working this case as we speak and will schedule for a court date so the judge can hear the psychogist and al his notes and diagnosis on my son.
And then go from there.

[AK lawyer]

Update...I just came from my attorney's office. ... Florida does have jurisdiction under the emergency Injunction ordered through this court system. ...

Yes, as I said.

"SECTION 204. TEMPORARY EMERGENCY JURISDICTION.

(a) A court of this State has temporary emergency jurisdiction if the child is present in this State and the child has been abandoned or it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse.
...
(c) If there is a previous child-custody determination that is entitled to be enforced under this [Act], or a child-custody proceeding has been commenced in a court of a State having jurisdiction under Sections 201 through 203, any order issued by a court of this State under this section must specify in the order a period that the court considers adequate to allow the person seeking an order to obtain an order from the State having jurisdiction under Sections 201 through 203. The order issued in this State remains in effect until an order is obtained from the other State within the period specified or the period expires."

http://www.law.upenn.edu/bll/archive...nal1997act.htm

So you can't turn such an emergency order into a permanent order unless the issue is taken back to the court in the other state.

[cdad]

To ScottGem----- Yes in my decree there is a line under the child custody section that clearly states that it is understood by the parties that visitations may occur at other mutually agreed times. And that is without the courts being involved. So his written letter signed, dated by him saying that our youngest son can come live with me for the school year falls under that section.

Im not sure who told you this but they were wrong. What courts try to do is create a less ridged environment so it tries to make things flexible through the parents. That way you don't have to visit the courts when its agreed that little johnny stays at his dads a few extra days in the summer or if mommy is keeping johnny for an extended time due to out of town visitors or relatives.

That is what that line is about - visitation. That is held separate from custody. Any time custody changes it should be done through the courts. Custody means care and control of your child. Visitation is just that. A period that the child visits away from the custodial parent.

[ScottGem]

1) As AK pointed out, the Florida courts can issue an emergency order. But the permanent changes have to be made through the MA courts.

2) Plea bargains are something done between a criminal and a prosecutor to reduce the charge and sentence. Not sure how it applies here

3) As CalifDad pointed out, that clause allows you and the father to agree to visitation changes without going back to court. So, if the father wanted to switch Thanksgiving and Xmas and you agreed, it wouldn't need the court's involvement. But a permanent change in custody would need to be ratified by the court.
4) As a few of us have pointed out, you may be able to deal with the MA courts without having to physically appear.

[kcomissiong]

Judy, sorry to have such a large gap here, I didn't see your question until later. This is what I found:

Authorizes courts to exercise emergency
Jurisdiction in cases involving
Family abuse and limits the relief available
In emergency cases to temporary
Custody orders.29

The OP alleged that there was abuse and neglect of the child going on, and it appeared, from what I read, that this could be an emergency circumstance used to ask for the OP's state (where the child is now residing) to issue an emergency custody order if the allegations are backed up by evidence and have been reported to authorities. I've provided the link here for you to review. (its a long PDF, but I think that item was on pg 4) Please let me know if I am overlooking something or if I incorrectly applied that.

[Fr_Chuck]

I will have to chime in with the others. Unless the other parent will sign and agree to the change, any final change has to be done and made in the first state. The emergany order is just that.