Out Of State Summons What do I do? Single Parent Father

[father0385]

San Antonio Texas

I had full custody of my son for 11years now, and there was no order for child support. So I haven't ever received any money from his mother at all ever. I live in San Antonio Texas and I sent my 14 year old son to New York on a plane for 3 weeks to visit his bio mother. She refused to put him back on the plane when he wanted to come home. She took his cell phone and wouldn't let me speak to him at all. She told me that she would see me in court without me knowing anything at all. So I had to get 3 more flight tickets to go to NY and pick him up 2 (roundtrip for me) and (1 for my son to get back home). When I got in NY, I took my court order to the police station there and they got my son for me. while I was there, the police said that my ex filed in family court saying that we were homeless.(which was a failed attempt to trick the court to giving her custody). She was keeping him against his will. They gave me my son, and said here's a copy of a summons that she had for you. The police told me that he wasn't going to serve me because it wasn't his job, then later he gave it to me saying, I just wanted you to know what your up against. I wasn't served at my house but they gave it to me when I went to pick him up.After spending$1400 going to get him, plane tickets on a minutes notice are very expensive! The summons says for me to be back in NY july 2nd.How can I answer this.I will lose my job everything. Not to mention she kept his laptop and clothes. I'm almost out of money all together. Does anyone have any advice for me on how I can answer this summons. Is there a way that I can counter this? Doesn't the laws where the child lives over ride the laws where she is? What can I do. whitediamonds@gmail Stephen.

Bottom line, She don't care about hurting him because she hates me so much. I also was granted a VPO on her for myself and my son back in 1998 in Oklahoma County.
My son is upset and so am I, just want to know what we can do. I don't have $1500 dollars for a lawyer right now again. How can I answer this without losing everything I have going to New York for lies that she put in a report. I have all my paper work and she only has the summons. That's about it. Thank you for your time.

 

[penelope10]

San Antonio Texas

I had full custody of my son for 11years now, and there was no order for child support. So I haven't ever received any money from his mother at all ever. I live in San Antonio Texas and I sent my 14 year old son to New York on a plane for 3 weeks to visit his bio mother. She refused to put him back on the plane when he wanted to come home. She took his cell phone and wouldn't let me speak to him at all. She told me that she would see me in court without me knowing anything at all. So I had to get 3 more flight tickets to go to NY and pick him up 2 (roundtrip for me) and (1 for my son to get back home). When I got in NY, I took my court order to the police station there and they got my son for me. while I was there, the police said that my ex filed in family court saying that we were homeless.(which was a failed attempt to trick the court to giving her custody). She was keeping him against his will. They gave me my son, and said here's a copy of a summons that she had for you. The police told me that he wasn't going to serve me because it wasn't his job, then later he gave it to me saying, I just wanted you to know what your up against. I wasn't served at my house but they gave it to me when I went to pick him up.After spending$1400 going to get him, plane tickets on a minutes notice are very expensive! The summons says for me to be back in NY july 2nd.How can I answer this.I will lose my job everything. Not to mention she kept his laptop and clothes. I'm almost out of money all together. Does anyone have any advice for me on how I can answer this summons. Is there a way that I can counter this? Doesn't the laws where the child lives over ride the laws where she is? What can I do. whitediamonds@gmail Stephen.

Bottom line, She don't care about hurting him because she hates me so much. I also was granted a VPO on her for myself and my son back in 1998 in Oklahoma County.
My son is upset and so am I, just want to know what we can do. I don't have $1500 dollars for a lawyer right now again. How can I answer this without losing everything I have going to New York for lies that she put in a report. I have all my paper work and she only has the summons. That's about it. Thank you for your time.

This is fairly complicated situation. What would best serve you is to hire an attorney. Do you have credit cards you could use or a family member that could loan you the money?

 

[nextwife]

What state is the custody order through? NY may not have jurisdiction.

 

[father0385]

What state is the custody order through? NY may not have jurisdiction.

The custody order is through Oklahoma County when we use to live there, we now live in San Antonio Texas.

 

[father0385]

This is fairly complicated situation. What would best serve you is to hire an attorney. Do you have credit cards you could use or a family member that could loan you the money?

No I do not have enough anymore for a lawyer. I used every dime to go and get him.

 

[LdiJ]

The custody order is through Oklahoma County when we use to live there, we now live in San Antonio Texas.

Ok, I am assuming that Oklahoma County is in TEXAS???

If so, then NY does not have jurisidiction of the case. You respond to that summons with a request for them to dismiss the case for lack of subject matter jurisdiction. That your child resides with you in TX and has for the last XX years. That TX has jurisidiction of the custody case (include a copy of your custody orders) and emphasize that your son is back with you in TX now.

You also request to appear at the hearing, should the judge decide to have one, telephonically.

Do all of this IMMEDIATELY, and express the paperwork to the courthouse. You might even call to inquire if you can fax the paperwork to them.

However, you would be much better served to have an attorney.

 

[father0385]

Ok, I am assuming that Oklahoma County is in TEXAS???

If so, then NY does not have jurisidiction of the case. You respond to that summons with a request for them to dismiss the case for lack of subject matter jurisdiction. That your child resides with you in TX and has for the last XX years. That TX has jurisidiction of the custody case (include a copy of your custody orders) and emphasize that your son is back with you in TX now.

You also request to appear at the hearing, should the judge decide to have one, telephonically.

Do all of this IMMEDIATELY, and express the paperwork to the courthouse. You might even call to inquire if you can fax the paperwork to them.

However, you would be much better served to have an attorney.

Well, a lot happened since yesterday. I contacted Free Legal Aid in San Antonio, and they said that they would help me. I gave them all of my information and they hooked me up with a lawyer. He said that I won't have to go to NY and we will answer the summons. I have no information yet as to what he is going to do, but I will post it as soon as I get it. He told me to give him 1 week. I also filed for Child Support at the Attorney's General's Office yesterday. So I will keep you informed of what happens. I told me that all should go well. I will let you know. Thank you for your response....

 

[Just Blue]

Well, a lot happened since yesterday. I contacted Free Legal Aid in San Antonio, and they said that they would help me. I gave them all of my information and they hooked me up with a lawyer. He said that I won't have to go to NY and we will answer the summons. I have no information yet as to what he is going to do, but I will post it as soon as I get it. He told me to give him 1 week. I also filed for Child Support at the Attorney's General's Office yesterday. So I will keep you informed of what happens. I told me that all should go well. I will let you know. Thank you for your response....

Ask the attorney to request reimbursement of travel expenses. File for child support. File to amend visitation to supervised in your home state.

 

[Silverplum]

Ask the attorney to request reimbursement of travel expenses. File for child support. File to amend visitation to supervised in your home state.

I second that fine advice!

Also wanted to let you know, I'm very happy for you that you got some free legal aid, and more importantly, your son back home.

 

[Just Blue]

I second that fine advice!

Also wanted to let you know, I'm very happy for you that you got some free legal aid, and more importantly, your son back home.

Mom needs a financial slap for what she put her child through...