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Gecko
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Re: Legal Help with Emergency Custody Hearing [Re: dabovgall]
      #778367 - 02/24/12 01:55 PM

I don't understand what you mean by "huh?" She lives with him and was the first modification.

---> Just how many kids do you have with this man and how many modifications have been done?

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dabovgall
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Re: Legal Help with Emergency Custody Hearing [Re: Gecko]
      #778374 - 02/24/12 03:09 PM

Oh, I have 3 with him and there were 3 modifications. The first was my oldest daughter moving in with him in 06, second was son moving in with him in 09 and 3rd was by the Judge during his burglary case last year with him moving back with me.

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dabovgall
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Re: Legal Help with Emergency Custody Hearing [Re: dabovgall]
      #778375 - 02/24/12 04:20 PM

I've been searching the web for instructions on how to file a motion to dismiss for lack of jurisdiction in a child custody case. The waiver I got from his attorney only addresses my youngest daughter who has never lived with him so I definitely think there are grounds for it.

He assumes he still has custody of my son even though it was granted to me in court by the juvenile court judge. He is being told (i guess by his attorney) that it was only temporary custody. None the less, I need to find some kind of reference. I have no idea what i'm doing.

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Gecko
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Reged: 06/01/04
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Re: Legal Help with Emergency Custody Hearing [Re: dabovgall]
      #778391 - 02/25/12 02:58 PM

You need an attorney.

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dabovgall
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Re: Legal Help with Emergency Custody Hearing [Re: Gecko]
      #778399 - 02/25/12 11:03 PM

which state though just to file the motion to dismiss for lack of jurisdiction? you never responded to my pm.

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Gecko
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Reged: 06/01/04
Posts: 20382
Loc: Third rock from the sun
Re: Legal Help with Emergency Custody Hearing [Re: dabovgall]
      #778428 - 02/26/12 03:56 PM

which state though just to file the motion to dismiss for lack of jurisdiction?

---> Your local attorney can, but if it's denied, you'll have to get an attorney in the other state unless you attorney can piggy back (obviously NOT the legal term) with another [censored].

you never responded to my pm.

---> Never got it.

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dabovgall
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Re: Legal Help with Emergency Custody Hearing [Re: Gecko]
      #778469 - 02/27/12 09:52 AM

Okay. Thank you.

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dabovgall
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Re: Legal Help with Emergency Custody Hearing [Re: dabovgall]
      #778605 - 02/28/12 12:08 PM

One of my co workers is / was an attorney. He is also a notory so I brought the waiver I received from ex's attorney so I could have it notorized. He looked it over and said the waiver was actually giving them jurisdiction and saying I would agree to whatever they decide. He told me I SHOULD NOT sign it and that my state does have jurisdiction.

I'm going to attempt writing the dismissal response on my own. He explained how to format it just like the waiver they sent to me, only changing the fording in the content. He also offered to look it over when I finish!!!

I am so glad I talked to him before signing it. I would basically be signing away my rights and custody. Just thought I would share in case it's helpful yo someone else. Thank you Gecko and Gr8 fortaking the time to help me as well. :)

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dabovgall
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Re: Legal Help with Emergency Custody Hearing [Re: dabovgall]
      #778606 - 02/28/12 12:11 PM

I meant "wording" not "fording". I'm on my kindle fire and this keyboard is tricky.

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