Visiting Rights Revoked

[Ohiogal]

I agree - Utah has some messed up laws!

As far as I understand, I would have to be a resident here for at least 6 months before I can get the case moved. Hopefully he'll be incarcerated for the right amount of time allowing me to do so.

Out of everyone I have spoken with, your advice makes the most sense. Thank you!!

And that advice was wrong so don't follow it.

 

[water_bills]

Well you have to file in Utah if that is where dad is and you file in the court that gave you permission to move where the case is. You file a modification with the proper paperwork. You need to read the local rules which will get you started. Then the civil rules and the rules of evidence and the statutes for Utah. You have time. Dad ain't going anywhere.

Thank you! I was excited to see you online this morning and I have been waiting around for your response. I really appreciate it. Since his incarceration, I have had all these people jumping on my back about what should be done and how and why haven't you done it yet?! It's been frustrating, but they were all saying different things and I didn't know the best course of action to take. At least now I have a starting point.

 

[Silverplum]

QUIT POSTING. You have no clue. None. At all. You have no idea about the laws -- including regarding relocation or custody/visitation. So just knock off posting. Seriously.Or you will be banned for constantly posting babble that means nothing.

WHY do newbies DO this?? Every single day, some newbie (or 5, or 10) posts inaccurate babble in someone else's thread.

Don't THEY want ACCURATE advice, themselves??

How 'bout for every newbie that posts nonsense in other people's threads, we go post nonsense in THEIR threads?

It's simply ridiculous. You want accurate legal info? Wait for it, from a member that has proven knowledge. You want to blog? Go blog elsewhere, where accuracy isn't VITAL.

 

[Ohiogal]

WHY do newbies DO this?? Every single day, some newbie (or 5, or 10) posts inaccurate babble in someone else's thread.

Don't THEY want ACCURATE advice, themselves??

How 'bout for every newbie that posts nonsense in other people's threads, we go post nonsense in THEIR threads?

It's simply ridiculous. You want accurate legal info? Wait for it, from a member that has proven knowledge. You want to blog? Go blog elsewhere, where accuracy isn't VITAL.

Trust me. I have spent all morning correcting Micha/Mica whoever on their posts. It is getting annoying.

 

[Silverplum]

Trust me. I have spent all morning correcting Micha/Mica whoever on their posts. It is getting annoying.

Your time would be far better spent solely answering questions.

Instead you have to make sure erroneous info isn't passed along as fact.

Wasted time. It's a shame.

Report the holy heck out of it. Your complaints hold weight here.

 

[water_bills]

Just one last question that seems to have been overlooked...

How will supervised visitation work in my case? He lives 7 states away from me. And, because of this, do i even have a chance of being granted supervised visitation?

Oh, another thing I just thought of. When I file this, I am sure that my ex will oppose it (if not for any other reason than to cause me grief). I can't financially afford to fly out there to appear in court. How would he be able to appear in court as he is incarcerated, anyway? Is there anyway that I could do a telephone appearance? Or request that he reimburse my expenses? (Not that he could or would). Basically, how would this all work?

 

[Ohiogal]

Just one last question that seems to have been overlooked...

How will supervised visitation work in my case? He lives 7 states away from me. And, because of this, do i even have a chance of being granted supervised visitation?

Oh, another thing I just thought of. When I file this, I am sure that my ex will oppose it (if not for any other reason than to cause me grief). I can't financially afford to fly out there to appear in court. How would he be able to appear in court as he is incarcerated, anyway? Is there anyway that I could do a telephone appearance? Or request that he reimburse my expenses? (Not that he could or would). Basically, how would this all work?

You would have to appear or get representation. Custody/visitation is not changed by motion but rather it requires a hearing. Supervised visitation would require him either flying to you OR possibly his family being allowed to supervise visitation with him.

 

[ShelBelle]

No

If your EXH is still living in the state where the original orders were filed, your case will remain there no matter how long you and the kids live in your new state.

Maybe you already have this resolved or are working on it presently and already know this, but the only way the state can keep your original case in that state, is for the other parent to reside in the same COUNTY and state in which the said case was started in.

 

[Ohiogal]

Maybe you already have this resolved or are working on it presently and already know this, but the only way the state can keep your original case in that state, is for the other parent to reside in the same COUNTY and state in which the said case was started in.

WRONG. WRONG. WRONG. Read the UCCJEA. DO not give advice unless you have a background to KNOW what you are talking about. The state of Utah has jurisdiction over the case until DAD moves from that state. Mom moving with the children is NOT enough. The county is VENUE. Dad can have venue moved to his county as jurisdiction STILL remains in Utah.

Now if I have to continue correcting you Shelbelle, prepare to be banned.

 

[TinkerBelleLuvr]

geez - newbies. shelbelle, your answer was wrong, even in Michigan.

OP - what I have found is that it can be cheaper to hire representation back in the home state and appear telephonically, rather than to try to do the paperwork yourself and do the actual travelling.

What I saw was the dad received the unsupervised visits AFTER a conviction involving alcohol drugs. Now, he's sent back to prison over the same issues. Don't see where it really is going to change anything. What you might want to consider is if the in-laws might want to help with the situation. See if they would be willing to have dad and the children there when it is dad's time.