[bgilbert]

I settled the custody case 18 months ago after 3 different cases were opened over a 5 year time frame by my ex-girlfriend involving visitation and support. The case 18 months ago was a move case where we settled allowing my ex to move my daughter from Massachusetts to Waterville, Maine (near family) I have well defined visitation. 6 months later my ex files for more child support in Massachusetts judge tosses it out.

So now 1 year since the last case she has filed a motion in Maine family courts stating 2 circumstances have changed substantially since 1/14/13:
1. Rights of contact or visitation with minor child
2. Child Support, file and exchange FM-050, child support affidavit

I am out of money and can't afford another lawyer I have paid 4 retainers in 6 years worth well over 30-40k and I have a wife and another child.

Questions:
I reside in Mass she resides in Maine with my daughter, the case originated in MA.
1. How do I write a motion to dismiss her motion? Any examples?
2. How do I respond to her motion, any examples?
3.. Since child support stays in the MA courts do I need to give the Maine courts a Child Support Affidavit? Am I correct at saying the child support order can not be changed by Maine only by Massachusetts?
4. It has only been 1 year since she last filed for more child support in MA and that case was tossed by the judge can she really ask for more money already?
5. Are then any resources that offer free or low cost legal assistance in Maine?
6. Is there anything I can do so I don't have to go to Maine regularly for Mediation and pre-trial conference, any type of hardship I can file with the courts? I work full-time providing for 2 families, the drive to Maine is 3 hrs each way and $15 dollars in tolls each way.

[AK lawyer]

You need to move to dismiss the Maine case. The basis of your motion would be that the matter has already been decided by the Massachusetts courts, and that there have been no changed circumstances.

If you cannot afford a Maine attorney to do this you will have to figure out how to do it yourself.

By the way, the UCCJEA is the law in Maine (but not in Mass. the last time I looked, however Mass. Has a similar statute). What this means is that the Maine court doesn't have jurisdiction to change custody or visitation.

[ScottGem]

As AK noted, under the UCCJEA, as long as one parent remains in the jurisdiction of the original order, the jurisdiction remains there. In other words, MA retains jurisdiction so the Maine court has none. Family Courts tend to be less formal than other courts. So filing a motion simply stating that Maine has no jurisdiction since the case was originally ruled on by MA courts and that you remain an MA resident. I would include a copy of the last MA order to show that visitation has been established and adhered to.

You can add that you refute that visitation has changed. As to the other circumstance, you don't provide details, so its unclear what the motion is.

Does she have an attorney?
I would check with local law schools. Many run clinics that will help you prepare paperwork and strategy.

You can request that you appear by phone if appearance is necessary.