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dabovgall
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Reged: 02/17/12
Posts: 16
Re: Legal Help with Emergency Custody Hearing
      02/23/12 10:40 AM

Thanks Gecko again. I understand that but my ex wasn't violent with the kids, just me. When my son came home he told me his father would "beat him like a man". My daughters said they would plug their ears so they couldn't hear my son screaming. My ex considers that spankings but I'm sorry, you don't do that to a 15 year old child. I'm talking punching, bruises, beating him all over with a belt. My oldest graduates this year and is coming here to go to college and live wit me. I don't want any of them living with him to be honest.

My husband was in jail that long because he was on probation and they put a revocation bond hold on him. He did have a $300 bond for the DV charge but the revocation hold and the continuances are what kept him in there so long. :(

I contacted the attorney I had before here in my state. This is what she said:

"Was the modification done in your EX's STATE done for all the children or just your oldest? Also has your ex-husband lived continuously in HIS CURRENT STATE since the modification in HIS STATE in 2006? Those questions would help determine what state has jurisdiction. YOUR STATE originally had jurisdiction of the divorce because you resided in AL with the children. When all parties (including your children) left the state YOU LIVE IN NOW & resided in HIS STATE for 6 months, HIS STATE obtained jurisdiction over the children and thus was able to enter the modification. As such, HIS STATE retains jurisdiction as long as any party has continuously resided in HIS STATE. When you returned to YOUR CURRENT STATE with your children in 2006, HIS STATE retained jurisdiction as long as your ex-husband continued to reside there. However, if your ex-husband moved out of HIS STATE (even briefly) after you returned to YOUR STATE then HIS STATE would lose its jurisdiction and YOUR STATE would then be the proper jurisdiction for future modifications. You can contact the Court in HIS STATE regarding "accepting service" of the documents your ex-husband filed or you can wait until he files an alias to have you served. If you have any question on whether or not HIS STATE has valid jurisdiction then you need to file a motion to dismiss for lack of jurisdiction in your first "pleading" or you may risk waiving your objection.

If he's trying to file for "emergency custody" as opposed to a modification of an existing order, then it may end up being a completely different matter & the state in which the children are currently residing may be the proper venue. It's hard to say for certain though without seeing the paperwork.

I hope this helps some."

So I'm thinking Gecko is right. He probably tried for emergency custody already and was denied. He already called DHS and they didn't even consider it necessary to open a case after interviewing all parties. The case worker did tell me that my ex has been calling her constantly asking that they grant him custody of the children because they are in "danger". She told me she keeps telling him they don't do that and he'll have to take me to court so I guess that's what he's doing.

He has never moved from his state so that's no help. When she states at the bottom:
" If you have any question on whether or not HIS STATE has valid jurisdiction then you need to file a motion to dismiss for lack of jurisdiction in your first "pleading" or you may risk waiving your objection."

Does she mean I SHOULD file a motion to dismiss for lack of jurisdiction as soon as I receive the petition even though it's obvious now that they do have jurisdiction? Is she telling me to do that just to cover my bases so I won't lose the opportunity later?

I have the waiver from my ex's attorney. She told me to mail it back and fax it and she'll email the papers when she gets the fax so that was nice of her. She also told me they moved the court date to April 16 at 9:00 a.m. :( YAWZA!! Gr8, I don't know if you're around today but let me know what you think as well. I deleted my facebook so I can't email you there anymore.

Thanks,

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Entire topic
Subject Posted by Posted on
* Legal Help with Emergency Custody Hearing dabovgall 02/17/12 01:21 PM
. * * Re: Legal Help with Emergency Custody Hearing Gecko   02/17/12 04:02 PM
. * * Re: Legal Help with Emergency Custody Hearing dabovgall   02/22/12 11:53 AM
. * * Re: Legal Help with Emergency Custody Hearing Gecko   02/22/12 03:13 PM
. * * Re: Legal Help with Emergency Custody Hearing dabovgall   02/23/12 10:40 AM
. * * Re: Legal Help with Emergency Custody Hearing Gecko   02/23/12 01:57 PM
. * * Re: Legal Help with Emergency Custody Hearing dabovgall   02/23/12 04:35 PM
. * * Re: Legal Help with Emergency Custody Hearing Gecko   02/24/12 01:55 PM
. * * Re: Legal Help with Emergency Custody Hearing dabovgall   02/24/12 03:09 PM
. * * Re: Legal Help with Emergency Custody Hearing Gecko   02/25/12 02:58 PM
. * * Re: Legal Help with Emergency Custody Hearing dabovgall   02/25/12 11:03 PM
. * * Re: Legal Help with Emergency Custody Hearing Gecko   02/26/12 03:56 PM
. * * Re: Legal Help with Emergency Custody Hearing dabovgall   02/27/12 09:52 AM
. * * Re: Legal Help with Emergency Custody Hearing dabovgall   02/24/12 04:20 PM
. * * Re: Legal Help with Emergency Custody Hearing dabovgall   02/24/12 10:00 AM
. * * Re: Legal Help with Emergency Custody Hearing dabovgall   02/28/12 12:08 PM
. * * Re: Legal Help with Emergency Custody Hearing dabovgall   02/28/12 12:11 PM
. * * Re: Legal Help with Emergency Custody Hearing dabovgall   02/23/12 10:49 AM
. * * Re: Legal Help with Emergency Custody Hearing dabovgall   02/22/12 12:30 PM

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