Drug use

[casa]

If he currently has permanent custody, has lived in the new state long enough to establish legal residency and the are currently no issues in front of the court, he can request jurisdiction be move to the state the children are legal residents of for future court actions. Yes, he will have to go through the original court for approval and the new state will have to accept it. Nothing is automatic. Nothing concerning the original order changes. It only means that any FUTURE action will be filed in the new state.

The original state has the RIGHT to continuing jurisdiction, but most courts have no problem transfering it and lightening up their own case loads a bit.

Actually it's been my experience that changing Jurisdiction is harder than the originating state retaining it. This is to prevent parents from moving children from state to state & their cases along with them.

 

[stealth2]

If he currently has permanent custody, has lived in the new state long enough to establish legal residency and the are currently no issues in front of the court, he can request jurisdiction be move to the state the children are legal residents of for future court actions. Yes, he will have to go through the original court for approval and the new state will have to accept it. Nothing is automatic. Nothing concerning the original order changes. It only means that any FUTURE action will be filed in the new state.

The original state has the RIGHT to continuing jurisdiction, but most courts have no problem transfering it and lightening up their own case loads a bit.

You are wrong. Most states will not penalize the remaining parent and reward the one who's shopping for better terms - they'll expect the moving parent to bear the brunt of dealing with having to travel for hearings.

 

[casa]

You are wrong. Most states will not penalize the remaining parent and reward the one who's shopping for better terms - they'll expect the moving parent to bear the brunt of dealing with having to travel for hearings.

...and higher % of cost of travel for visitations as well.

 

[weenor]

Also, I have court admissable evidence proving that she has done cocaine in the past and she admitted to the judge that she has had drug-related problems. According to our agreement, she must stay drug free throughout the year (or have gone through a drug rehabilitation program) and not just when she has the kids so it is not so imperative that I prove when she did drugs as long as her drug use was within the last 90 days.

WOW!! That is a great order and I hope you don't mind if we try to use some of that when we get in front of the judge next month. Hubby's attorney does a good job, but I was wholly disappointed in the last order she drew up. Bless her heart I don't think she had a clue about how evil, deceitful and manipulative drug addicts can be. Of course hubby signed before I, wife attorney, could read it.

Anyway, just a thought...with that order you do not need a positive to stop visitation....I am not sure I would go to the expense of adding hair follicle to the order or the additional $60.00-$100.00 for the test. I do understand that for your peace of mind you want proof, but I don't think you need it. From the facts you posted originally, I think you know the truth and you don't necessarily need a piece of paper to tell you. Just an opinion..I do feel your pain.

 

[snostar]

According to our agreement, she must stay drug free throughout the year (or have gone through a drug rehabilitation program)

...or what? Lose permanent custody?

and not just when she has the kids so it is not so imperative that I prove when she did drugs as long as her drug use was within the last 90 days.

This is why I suggest the hair test, one test per 3 month interval, instead of requesting urine tests every week or until a positive shows up. It could be more cost effective. If the hair test comes back positive the court will know that she used within that time frame. The results will also reflect the amount of different metabolites, in which a forensic analysis can determine consistent steady use (high amounts).

 

[ceara19]

Actually it's been my experience that changing Jurisdiction is harder than the originating state retaining it. This is to prevent parents from moving children from state to state & their cases along with them.

I agree that if the parent moves just for the sake of moving it would usually be denied. That's why there is a certain that has to be followed. With a valid reason for moving (job transfer and such), after a reasonable length of time to show stability in the new state alot of judges will grant it unless the other parent has a good reason for it not to be changed. There are some judges out there that wouldn't give up control of the case until you pried it from their cold, dead hands. Nothing in life is a sure thing, but if a good case can be made for the change and you've followed the proper protocol, you would have a decent chance of it being approved. Even if it is moved the new court has to honor the original order. They can't make any modifications based soley on the fact that the law is different that in the original state, which would defeat the purpose for moving just because you feel the law in another state is more favorable to you.

 

[CarrieT]

If he currently has permanent custody, has lived in the new state long enough to establish legal residency and the are currently no issues in front of the court, he can request jurisdiction be move to the state the children are legal residents of for future court actions. Yes, he will have to go through the original court for approval and the new state will have to accept it. Nothing is automatic. Nothing concerning the original order changes. It only means that any FUTURE action will be filed in the new state.

The original state has the RIGHT to continuing jurisdiction, but most courts have no problem transfering it and lightening up their own case loads a bit.

Ok, but doesnt the other parent (the one residing in the state where the jurisdiction will be switched FROM) have the right to be at the hearing for the change of jurisdiction? And will the judge not take his/her wishes into consideration as well? If so, then it might not be so easy. If not, then perhaps it would be a slam dunk.

Carrie

 

[stealth2]

It is relatively rare for jurisdiction to be changed when one parent still resides in the originating state. Period.

 

[Zephyr]

It is relatively rare for jurisdiction to be changed when one parent still resides in the originating state. Period.

heck, neither one of us lived in the jurisdiction and it was hard to change, they kept telling us no- we don't allow people to shop judges- even though we both lived in the new jurisdiction- when we did go to court though and that judge found out we had both driven over 3 hours to appear at this 1/2 hour hearing, the judge ordered it changed whether the new county liked it or not.