• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Just an observation

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Status
Not open for further replies.

LdiJ

Senior Member
What is the name of your state (only U.S. law)? NA for this thread.

Folks, there is sometimes a difference between trying to beat reality into someone's head, and beating a dead horse.

Example of trying to beat reality into someone's head: Trying to get Jekyl to understand why his/her post was irresponsible. If Jekyl does not "get it" Jekyl could harm future posters on this forum or another forum.

Example of beating a dead horse: Continuing to chastise a parent for moving AFTER they have already received court permission to move. The judge heard all arguments on the matter and made a decision in the parent's favor.
There is no point in second guessing the judge. We weren't there. Making her understand why she has to cover the transportation was one thing, chastising her for moving is another.
 


rocknrollmommy

Junior Member
What is the name of your state (only U.S. law)? NA for this thread.

Folks, there is sometimes a difference between trying to beat reality into someone's head, and beating a dead horse.

Example of trying to beat reality into someone's head: Trying to get Jekyl to understand why his/her post was irresponsible. If Jekyl does not "get it" Jekyl could harm future posters on this forum or another forum.

Example of beating a dead horse: Continuing to chastise a parent for moving AFTER they have already received court permission to move. The judge heard all arguments on the matter and made a decision in the parent's favor.
There is no point in second guessing the judge. We weren't there. Making her understand why she has to cover the transportation was one thing, chastising her for moving is another.
I agree however Jekyl did not give me false hope. He answered the question I had which was simply "can it be done?" and his answer was "yes". Next to impossible odds? Maybe. Completely impossible? No.

I never stated that I did not understand why I had to pay travel expenses. In a standard case, the moveaway parent pays. Understood. All I had asked for was advice. I never asked to be judged, flamed, or ridiculed. I've done what had to be done with my daughter's best interest at heart, that's the only thing that matters.

*EDIT* the horse was already beaten, dead, and rotting so i closed my thread. just needs to be buried and forgotten.
 

jekyl007

Member
What is the name of your state (only U.S. law)? NA for this thread.

Folks, there is sometimes a difference between trying to beat reality into someone's head, and beating a dead horse.

Example of trying to beat reality into someone's head: Trying to get Jekyl to understand why his/her post was irresponsible. If Jekyl does not "get it" Jekyl could harm future posters on this forum or another forum.

Example of beating a dead horse: Continuing to chastise a parent for moving AFTER they have already received court permission to move. The judge heard all arguments on the matter and made a decision in the parent's favor.
There is no point in second guessing the judge. We weren't there. Making her understand why she has to cover the transportation was one thing, chastising her for moving is another.
ahh yes because it is irresponsible to tell someone that they can legally file for something but doesnt mean they would get it.. I forgot.. the people on here are Judge/jury/and the hanging committee.. I did not every once tell her she would get it.. actually on the contrary I made a private post to her telling her that she might would not get it.. do not see how someone knowing they have a legal right to file for it is irresponsible or going to harm "future posters" especially as to seeing this is an advice board and she asked about if she could file to change jurisdiction.. which she can.. so all you high mighty people who do nothing but put others down and give opinions instead of accurate information can kiss my ass.. I do attend college to become a paralegal and know way more than most of you "claim" to know because you once knew somebody who did this or that.. I actually find all you judgemental people funny when you honestly have nothing better to do then put others down because you may not agree with them or a court.. therefore, I hope rockrollmommy does what is best for her child and does not listen to you pack of moron idiots.. and yep go ahead and ban me.. I laugh at you stupid people and wont be back because all I see is you guys allowing people like stealth2 to put others down because they dont agree.. they dont have to agree as long as a judge does.. therefor telling someone that they can file is proper advice.. nobody is telling her that she will get what she wants out of it..
 

TinkerBelleLuvr

Senior Member
We do NOT know the WHY's of Jekyl case - chances are that NEITHER parent lived in the original state.

In YOUR case, the father remains in the jurisdiction. Therefore, FEDERAL law states it remains there unless the FATHER and the STATE relinquish jurisdiction.

I know - I'm a moveaway parent for many of the same reasons as you gave. If BOTH parents can't/aren't willing to support the child, the CP can land up making some hard decisions.
 

TinkerBelleLuvr

Senior Member
ahh yes because it is irresponsible to tell someone that they can legally file for something but doesnt mean they would get it.. I forgot.. the people on here are Judge/jury/and the hanging committee.. I did not every once tell her she would get it.. actually on the contrary I made a private post to her telling her that she might would not get it.. do not see how someone knowing they have a legal right to file for it is irresponsible or going to harm "future posters" especially as to seeing this is an advice board and she asked about if she could file to change jurisdiction.. which she can.. so all you high mighty people who do nothing but put others down and give opinions instead of accurate information can kiss my ass.. I do attend college to become a paralegal and know way more than most of you "claim" to know because you once knew somebody who did this or that.. I actually find all you judgemental people funny when you honestly have nothing better to do then put others down because you may not agree with them or a court.. therefore, I hope rockrollmommy does what is best for her child and does not listen to you pack of moron idiots.. and yep go ahead and ban me.. I laugh at you stupid people and wont be back because all I see is you guys allowing people like stealth2 to put others down because they dont agree.. they dont have to agree as long as a judge does.. therefor telling someone that they can file is proper advice.. nobody is telling her that she will get what she wants out of it..
You are VERY irresponsible if you do not include ALL the legal information needed to change jurisdiction. Funny how you could get it changed in 30 days when it takes 6 months to get residency.
 

rocknrollmommy

Junior Member
We do NOT know the WHY's of Jekyl case - chances are that NEITHER parent lived in the original state.

In YOUR case, the father remains in the jurisdiction. Therefore, FEDERAL law states it remains there unless the FATHER and the STATE relinquish jurisdiction.

I know - I'm a moveaway parent for many of the same reasons as you gave. If BOTH parents can't/aren't willing to support the child, the CP can land up making some hard decisions.
Thank you. It's nice to feel that I'm not the only one in the world in a situation like this sometimes. If only some people could walk a mile in someone else's shoes.
 

jekyl007

Member
You are VERY irresponsible if you do not include ALL the legal information needed to change jurisdiction. Funny how you could get it changed in 30 days when it takes 6 months to get residency.
no where did I say I got the jurisdiction changed in 30 days.. I stated that after 30 days here you are a legal resident here you and your children.. once you are a legal resident you can file for it.. it does not take 6 months to get residency in OK.. after 30 days you are a legal resident here..
 
What is the name of your state (only U.S. law)? NA for this thread.

Folks, there is sometimes a difference between trying to beat reality into someone's head, and beating a dead horse.

Example of trying to beat reality into someone's head: Trying to get Jekyl to understand why his/her post was irresponsible. If Jekyl does not "get it" Jekyl could harm future posters on this forum or another forum.

Example of beating a dead horse: Continuing to chastise a parent for moving AFTER they have already received court permission to move. The judge heard all arguments on the matter and made a decision in the parent's favor.
There is no point in second guessing the judge.
We weren't there. Making her understand why she has to cover the transportation was one thing, chastising her for moving is another.
actually a judge has not ruled on it yet:
recommendation on 12/27 that stated I should be granted my request to move back to Oklahoma and since there were no objections it was submitted to the court yesterday for the judges approval. (on 1/20)
I agree however Jekyl did not give me false hope. He answered the question I had which was simply "can it be done?" and his answer was "yes". Next to impossible odds? Maybe. Completely impossible? No.

I never stated that I did not understand why I had to pay travel expenses. In a standard case, the moveaway parent pays. Understood. All I had asked for was advice. I never asked to be judged, flamed, or ridiculed. I've done what had to be done with my daughter's best interest at heart, that's the only thing that matters.

*EDIT* the horse was already beaten, dead, and rotting so i closed my thread. just needs to be buried and forgotten.
FYI:

California case, Graham v Superior Court, 132 Cal App 4th 1193, 1196; 34 Cal Rptr 3d 270 (2005). The COA stated:

"Additionally, the Graham court reasoned that its interpretation of "significant connection" comports with the intended application of the UCCJEA, that `o long as one parent, or person acting as a parent, remains in the state that made the original custody determination, only that state can determine when the relationship between the child and the left-behind parent has deteriorated sufficiently so that jurisdiction is lost.' " Graham, supra at 1198, quoting Spector, Uniform Child-Custody Jurisdiction and Enforcement Act (with Prefatory Note and Comments), 32 Fam LQ 301, 340 n 81 (1998). See also UCCJEA, § 202 comment 1 ("If the relationship between the child and the person remaining in the State with exclusive, continuing jurisdiction becomes so attenuated that the court could no longer find significant connections and substantial evidence, jurisdiction would no longer exist.").

 

stealth2

Under the Radar Member
I, also, know a few things about move-aways and changing jurisdiction. Because I did both.

In the situation posted, move-away was granted, and that was never really a question. Yes, I made a comment about OP moving her child away from Dad, but that did not detract from the fact that OP had the court's permission to do so.

In MY situation, my moving *with the children* was a stipulation of the settlement. Had I actually REFUSED to move away from my kid's Dad? We would have continued a full, blow-out, contested custody case. I'd said all along that I would happily stay in the area as long as he did. He moved shortly after, so I guess he had an inside scoop I wasn't privy to. And therefore, jurisdiction was changed - although my current state wasn't keen to accept it. It was my ex that pushed it. Go figure.

ETA Oh wait... he didn't realize that CS would remain based on the originating state's laws.
 
Last edited:

jekyl007

Member
Residency for getting a driver's license, etc, is DIFFERENT than residency for family matters, such as divorce and custody.
the lawyer I hired said it was 30 days residency to file for change of jurisdiction.. I used a lawyer not the internet ;)

here call my lawyers office.. all I know is it was filed after I had lived here for 60days... lawyer said I could have done it after 30.. and within 6 months it was all taken care of.. but I dont have to proove anything to anyone who (as it was stated to me the other day) googles to find out stuff ;)

Oklahoma Office
Attorney Gilbert J. Pilkington, Jr.
Toll Free: 1-866-591-9408

have fun :)
 
Status
Not open for further replies.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top