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Old 09-10-2000, 06:57 PM
robsxlt
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I have been divorced for 7 years and live in Alabama. My ex lives in Kentucky with our kids. We were divorced in Tennessee where we lived at the time. We used the same lawyer (although she represented me) and was lead to believe that giving sole custody was the only way she could move out of the state with the kids. At the time we agreed on "Liberal visitation" because I didn't know where I was going to live and didn't know I could have it any other way. (Bad attorney) Anytime my ex doesn't get her way on money issues, she refuses to let them see me or even call me.(They don't have a phone) I haven't seen them this time for over a year. There have been times that it has been over 2 years. There was no spousal abuse or child abuse involved. I am a good father and when I do get to see the kids they treat me as if we were never apart. Because we were divorced in Tennessee, they live in Kentucky and I live in Alabama, what can I do to change the visitation and possibly custody change to joint? It pains me because she holds the cards and I feel helpless. Any advice or direction would be greatly appreciated. Thank you in advance!
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Old 09-10-2000, 07:15 PM
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<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by robsxlt:
[b]I have been divorced for 7 years and live in Alabama. My ex lives in Kentucky with our kids. We were divorced in Tennessee where we lived at the time. We used the same lawyer (although she represented me) and was lead to believe that giving sole custody was the only way she could move out of the state with the kids. At the time we agreed on "Liberal visitation" because I didn't know where I was going to live and didn't know I could have it any other way. (Bad attorney) Anytime my ex doesn't get her way on money issues, she refuses to let them see me or even call me.(They don't have a phone) I haven't seen them this time for over a year. There have been times that it has been over 2 years. There was no spousal abuse or child abuse involved. I am a good father and when I do get to see the kids they treat me as if we were never apart. Because we were divorced in Tennessee, they live in Kentucky and I live in Alabama, what can I do to change the visitation and possibly custody change to joint? It pains me because she holds the cards and I feel helpless. Any advice or direction would be greatly appreciated. Thank you in advance![/b]<HR></BLOCKQUOTE>

My response:

Jurisdiction is with Kentucky now. Kentucky will take control over the current court orders for visitation.

You need to file an Order to Show Cause Re: Visitation, in Kentucky because the children have been living there long enough for the residency requirements to have taken effect, and Tennessee is completely out of the picture.

The Kentucky court will take control of the visitation issue because she has been abusing her "decision making process" and can no longer be trusted to decide, with you, on her own.

Do not take this lying down. Take control, and stop feeling helpless - - you're not! Fight to see your kids, and take the control away from her because she can't handle it properly, and put the matter into the hands of the court to obtain new orders.

I hope you've kept good notes on what has been happening to you all this time. That way, the court can read your "contemporaneous" notes in your journal.

IAAL



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