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  1. #1
    StraitCountry Guest

    Exclamation Deposition Question??

    What is the name of your state? Alaska
    I live in WA. but case is in AK. I was awarded early custody 5 months ago. 3 parties involved me, ex and her parents. Mother has no unsupervised contact. Grandparents have visitation starting Thanksgiving 2003. Grandparents are extremely detrimental and I have filed motion to eliminate visitation. Grandparents served me a deposition hearing of child counselor (whom child has not seen in over 5 months) on 6-10-03 at 6 p.m. and requested it to take place 6-12-03. I represented myself. Am I allowed acess to the deposition? Shouldn't there be more notice then 24 hours? What is my plan of action from here? Totally lost!
  2. #2
    Terry7 Guest
    What is early Custody ?
    The grandparents are now trying to eliminate you ? Why ?

    I don't know the Laws in Alaska,but Proper notice of Court Date should be given. Since this report is from the side of the child,only the court may be allowed to see it,in making it's rulings.

    Are you having in each state Seperate Hearings,and testimony back and forth from each court ?

    What reason are the Grandparents filing this Motion ?
  3. #3
    StraitCountry Guest
    Im sorry for being so unclear. in august 2002 i was awarded legal custody and was ordered physical custody to begin in june 2003 in order to allow a gradual process to best help my child to transition. during that time he was living with my ex's grandparents who were ordered to do serveral things such as allow three phone calls a week and encourage a smooth transition. they instead tried to sabatoge my relationship with my son and where ruled by the judge to be detrimental in january 2003 and my son was ordered into my custody immediatly. since then i have been ordered to allow resonable phone contact with the grandparents and again they are choosing to be detrimental to my son and his relationship with me. I filed a motion to eliminate all contact by the grandparents with my son. i am currently only allowed to file in alaska courts because that is where he resided for 6 months or more. because my son has not lived in WA for 6 months i have been told by several attorneys that i will be unable to request to move the forum to washington and even after the 6 month time attorneys tell me it will be extremely dificult to convince the courts both in washington and alaska to change forms/states. the grandparents are filing and requesting this deposition to counter my elimination motion. thank you for responding and showing interest in my question. it is great to see there are so many basically strangers willing to help or listen to all this turmoil we parents go through.
  4. #4
    Terry7 Guest
    What am I missing here ? You NOW have Custody of the CHILD.Your grandparents are only allowed "resonable" phone conversation.
    If the grandparents have filed a modification petition,answer that you have CUSTODY w/ the grandparents having "reasonable " phone contact ,only, and you request there Hearing held in your juristicion as that is now where you & the child reside.
    Also,site the phone conversations are be harmful to your child and site why.
    Note,that if the change in Juristictions is not allowed,ask the each Juristiction hold seperate hearings(testimony),and for each court to corrispond back and forth
    This is ussually done for "poor Persons",not able to afford to travel.
  5. #5
    StraitCountry Guest
    What am I missing here ? I ask myself that same question after talking to several attorneys - lol I do now have custody of the child. The grandparents have "reasonable" phone contact and a visitation schedule that starts in Nov 2003 (which I am trying to get revoked). the grandparents have not filed a modification - I have filed to have their visitation and phone contact eliminated. Every time I speak to attorneys they quote the UCCJA or uniform child custody jurisdiction act. which i have read about a hundred times and can only see where it helps my case for hearings in my ome state. attorneys disagree. I have again been told that due to the uccja i would not be allowed for both states to hold seperate hearings. I can not find an attorney in WA that after hearing the situation wants any part of it. they say it would be very time consuming and difficult to get my cased moved and i am sure that because i am poor it does not help my case. I have tried to get state legal assistance but was told that because my child was not in physical danger that they had to many other cases that children where in danger they would not help me. I am at a complete loss as to how to continue other then through AK and very frustrated.
  6. #6
    Terry7 Guest
    You have Custody.If you file a modification,will your state appoint you an attorney,since you are a " Poor Person ".
    You do not nessessarily have to have an attorney.
    The way i read the UCCJA is that a court of another State can-not " MODIFY " a court order of another State.
    This does no preclude you from the right as a " poor person " (unable to afford to travel to the original courts juristiction ) ( I presume where the grandparents live ), to have hearings in BOTH States ,and the State with Juristiction,making the final Desision.
    If i were you wait the 6 months provision,If they refuse to hear it,and then file in your Juristiction,since you have custody !!
    Hang in there and do the best in the meantime.
    Personal hear in NY if your poor person, and file Custody/visitation you can ask for a court appointed attorney when your first court date is,and they will reschedual it like for 4 -6-or 8 wks hearing depending on their calendar.
  7. #7
    Terry7 Guest
    You have Custody.If you file a modification,will your state appoint you an attorney,since you are a " Poor Person ".
    You do not nessessarily have to have an attorney.
    The way i read the UCCJA is that a court of another State can-not " MODIFY " a court order of another State.
    This does no preclude you from the right as a " poor person " (unable to afford to travel to the original courts juristiction ) ( I presume where the grandparents live ), to have hearings in BOTH States ,and the State with Juristiction,making the final Desision.
    If i were you wait the 6 months provision,and then file in your Juristiction,since you have custody !!
    Hang in there and do the best in the meantime.
    Personal hear in NY if your poor person, and file Custody/visitation you can ask for a court appointed attorney when your first court date is,and they will reschedual it like for 4 -6-or 8 wks hearing depending on their calendar.
  8. #8
    StraitCountry Guest
    Thanks for your advice. I need to look into the court apointed attorneyn again. Sorry to take so long replying with fathers day weekend I took my kids camping. fyi we had our deposition and the grandparents attorney did not get what he wanted and spent a ton of money for nothing. thinks are looking good. i have a baby under 2 so my web surfing is limited to late night hours. thanks again and ill keep info posted.
  9. #9
    Bre's_mom is offline Member
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    Was paternity established in washington state? and then the bio mom moved to alaska? My reason for the question is: Jurisdiction is in the state, where the original case was opened. Even if the other party move, at least in washington state. Because the other party is still living in the state where the case was originally opened.
  10. #10
    StraitCountry Guest
    Child was born in Oregon, I originally filed for cutody there but had to drop the case, too many reasons to explain but main one was she refused to get an attorney and was using mine - she ran up a bill that was huge and I could not afford to continue. She then moved to alaska with the child and I moved to washington. they lived there for over 6 months and when i asked an attorney i was told i had to start the case where the child was living. was i told wrong?
  11. #11
    Bre's_mom is offline Member
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    Originally posted by StraitCountry
    Child was born in Oregon, I originally filed for cutody there but had to drop the case, too many reasons to explain but main one was she refused to get an attorney and was using mine - she ran up a bill that was huge and I could not afford to continue. She then moved to alaska with the child and I moved to washington. they lived there for over 6 months and when i asked an attorney i was told i had to start the case where the child was living. was i told wrong?
    No that sounds right, if the child was born in washington and paternity was established in wahington state, and then she moved, jurisdiction would be in washington. So I think what they told you is right. Good luck in your situation...

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