jurisdiction question

[signspinner]

Uccjea

What is the name of your state (only U.S. law)? Illiniois and California

This is my first posting on this forum. The father and I have two children. I have sole physical and share joint legal custody with the father. The original case was filed in San Francisco. After a hearing I was granted the right to move with the children to Illinois (career reason). Father subsequently moved to Southern California. We have filed two modifications since the original stipulation and order and those were both handled in the San Francisco court.

My question is I want to modify our order since it needs updating and is not clear on some issues (son needs summer school and father says I lose my vacation time with the children if son goes to summer school). Is there any benefit to moving the case to Illinois? Can I do so?

Thanks.

I didnt read all the response. Just your post!!!!
I am not a lawyer.
If the child has lived in IL for 6 months file a uccjea affidavit. It is a magical tool in custody proceedings....ask your clerk of courts where to go online to print up the form....
I am not a lawyer....

 

[TinkerBelleLuvr]

DAD still lives in California. THEY would have to relinquish jurisdiction. California hates to let go of anything. I could see moving it to the LA area though.

 

[signspinner]

understood but.....

DAD still lives in California. THEY would have to relinquish jurisdiction. California hates to let go of anything. I could see moving it to the LA area though.

if the order needs to be modified, i believe home state hood takes presedence (sp) as well as where the evidence lies in deciding modification of the order. I would surmise that 109 days in california with papa gives illinois roughly 9 months with mama. child is in IL more than california, child prolly has more signifigant contacts in IL as opposed to california IE: drs, care providers, teachers ect...
The state of california cannot ignore the 7 factors given for inconvient forum, and ultimately when deciding jurisdiction will have to specifically identify their stance on each specific factor..


the uccjea affidavit is less painful then a stubbed toe. its an easy shot and I believe quite well written for the less than educated masses. Its pretty straight foward......

I am Not a lawyer. I have been litigating jurisdiction pro se for 5 months.

you can get a hearing to litigate jurisdiction by filing the uccjea affidavit if you intial pleading is proper.....GO FOR IT SISTER!!!!!!!!

 

[WittyUserName]

if the order needs to be modified, i believe home state hood takes presedence (sp) as well as where the evidence lies in deciding modification of the order. I would surmise that 109 days in california with papa gives illinois roughly 9 months with mama. child is in IL more than california, child prolly has more signifigant contacts in IL as opposed to california IE: drs, care providers, teachers ect...
The state of california cannot ignore the 7 factors given for inconvient forum, and ultimately when deciding jurisdiction will have to specifically identify their stance on each specific factor..


the uccjea affidavit is less painful then a stubbed toe. its an easy shot and I believe quite well written for the less than educated masses. Its pretty straight foward......

I am Not a lawyer. I have been litigating jurisdiction pro se for 5 months.
you can get a hearing to litigate jurisdiction by filing the uccjea affidavit if you intial pleading is proper.....GO FOR IT SISTER!!!!!!!!

It is worth noting that Signspinner has not been litigating successfully.
Sign, just stop. Please. You have no idea what you're doing, and you are not helping this OP. You of all people should at least know that a jurisdictional fight is not an easy process. If it was you'd be getting somewhere.

 

[signspinner]

It is worth noting that Signspinner has not been litigating successfully.
Sign, just stop. Please. You have no idea what you're doing, and you are not helping this OP. You of all people should at least know that a jurisdictional fight is not an easy process. If it was you'd be getting somewhere.

I am getting somewhere witty...(btw i like that wittyusername lol)

I have filed aggressively, i have had an "in your face" mind set not holding back anything, i am soon to get my evidentiary hearing,

Reminder: three days after wisconsin awarded themselves jurisdiction pursuant to a hearing (not the uccjea) in november 2010 they turned around and changed their mind because i sent a letter, a letter i was openly frustrated in and pissed off.
do not let your emotions run rampant but definitely let the court see that you mean buisiness like johnny conchrane....lol

 

[SESmama]

The problem is, signspinner, that there is still a significant attachment in the state of California. That attachment would be DAD. As well as other family members although that is more than likely not what the court, or UCCJEA, is talking about.

 

[stealth2]

OP... really... signspinner is not a poster whose advice you should take too seriously. Read his posting history.

 

[Proserpina]

I am getting somewhere witty...(btw i like that wittyusername lol)

I have filed aggressively, i have had an "in your face" mind set not holding back anything, i am soon to get my evidentiary hearing,

Reminder: three days after wisconsin awarded themselves jurisdiction pursuant to a hearing (not the uccjea) in november 2010 they turned around and changed their mind because i sent a letter, a letter i was openly frustrated in and pissed off.
do not let your emotions run rampant but definitely let the court see that you mean buisiness like johnny conchrane....lol

I can pretty much guarantee that is NOT why the decision was reversed...

 

[stealth2]

I can pretty much guarantee that is NOT why the decision was reversed...

Come on Pro - I bet it's because the letter was so meticulously written, complete with proper spelling and grammar!

 

[Proserpina]

Come on Pro - I bet it's because the letter was so meticulously written, complete with proper spelling and grammar!

..and read!

 

[challenges]

well, that was an interesting exchange of posts! Update is I will give up my 8 days if dad agrees to allow summer school for our son.

But the question of jurisdication is still on my mind. The children and I have lived out here in IL for 6 years. The father moved from SF to San Diego in 2009. It just seems odd that if either one of us wants to make any changes we need to file in SF.

For example, I want to modify our current stipulation and order about summer camps and about giving my extended family ROFR (don't know if that's possible) since they all live within a mile of the father.

Any ideas about that?

 

[janemc]

Did you look and see if there were any Summer Camps in Dad's location that addressed this issue. Would it be possible for your son to attend one of those? Just a thought. Then Dad gets his time and you get your 8 days. There are often educational Summer Camp Programs. I would cal the Board of Ed in Dad's and ask.

 

[Silverplum]

well, that was an interesting exchange of posts! Update is I will give up my 8 days if dad agrees to allow summer school for our son.

But the question of jurisdication is still on my mind. The children and I have lived out here in IL for 6 years. The father moved from SF to San Diego in 2009. It just seems odd that if either one of us wants to make any changes we need to file in SF.

It's not odd: you can't change it, and Dad never filed to change it. It's just paperwork and offices and files, not odd.

For example, I want to modify our current stipulation and order about summer camps and about giving my extended family ROFR (don't know if that's possible) since they all live within a mile of the father.

Any ideas about that?

I don't know for certain -- but I can hardly imagine that your extended family could or would be given ROFR. The court only orders fathers and mothers to do things or have rights, with comparitively very rare grandparent visitation in certain circumstances in certain states.

 

[challenges]

Did you look and see if there were any Summer Camps in Dad's location that addressed this issue. Would it be possible for your son to attend one of those? Just a thought. Then Dad gets his time and you get your 8 days. There are often educational Summer Camp Programs. I would cal the Board of Ed in Dad's and ask.

Thanks for your reply. the educational summer camp that is recommended for our son is designed to help him prepare for a very large high school (over 4,000 students). The HS has 3 miles of hallways, 16 gyms and two pools. My son gets overwhelmed very easily so that is why his support teacher is recommending this (he has an IEP for ADD and exective funtioning delays).

The expensive summer camps that father puts the kids into I have to pay half and they are sooo much money. I was hoping this year since they are 11 and 14 they could reduce some of the camp time and just hang out at their dad's home.

 

[Ohiogal]

Maybe you should look at enrolling him in a smaller high school through open enrollment or something of that nature if possible.