Custody Question

[frenchysonline]

What is the name of your state (only U.S. law)? Washington State.

My wife has sole custody of her daughter, my stepdaughter in 2011. She was awarded sole custody by the state of Connecticut, of which she is still a resident. My stepdaughter's biological father recently re opened the custody, and my wife was told to be at a hearing in the state of Connecticut in 9 days. We currently live in Washington State. My wife also has been in constant contact with Washington State Child Support Enforcement (DSHS), attempting to collect back and current child support. She was told that any new custody issues would be handled by the state of Washington since Washington state now has jurisdiction since she opened a case here in 2012 for the child support. DSHS has told her to contact a lawyer because DSHS cannot be involved. My wife was told by the state of Connecticut that if she did not show at the hearing, another hearing would be scheduled. If she did not show at the other hearing, a warrant would be issued for her arrest and there was a chance that she might lose custody.

I have tried to adopt my stepdaughter, but the biological father refused to terminate parental rights. Biological father has not seen or had any contact with my stepdaughter since may 2009, by his choice. Is that considered abandonment?

My question is, what avenues are available to her, and to us? My wife fought in the state of Connecticut for years to gain custody, and now 3 years later the biological father can just re open the case and force her to go cross country with little notice?
How does she know for certain which state has jurisdiction? If we must hire a lawyer, do we hire one from Washington or Connecticut?

 

[single317dad]

The Connecticut court seems to believe that jurisdiction still lies with them, and with the limited information given I'm inclined to agree. DSHS will only litigate child support enforcement matters; disputes as to custody are not their domain.

There are possible circumstances where Mom could lose custody. If she's moved in an effort to prevent Dad's relationship with his daughter, for instance.

If you hire an attorney, the first stop is Connecticut. If there is a question of jurisdiction (and I don't think there is) then that's where you start. If not, then that's where the case will be heard. Period.

Why should the father be forced to travel across the country to argue his case?

The good news is you don't have to go anywhere.

 

[Just Blue]

What is the name of your state (only U.S. law)? Washington State.

My wife has sole custody of her daughter, my stepdaughter in 2011. She was awarded sole custody by the state of Connecticut, of which she is still a resident. My stepdaughter's biological father recently re opened the custody, and my wife was told to be at a hearing in the state of Connecticut in 9 days. We currently live in Washington State. My wife also has been in constant contact with Washington State Child Support Enforcement (DSHS), attempting to collect back and current child support. She was told that any new custody issues would be handled by the state of Washington since Washington state now has jurisdiction since she opened a case here in 2012 for the child support. DSHS has told her to contact a lawyer because DSHS cannot be involved. My wife was told by the state of Connecticut that if she did not show at the hearing, another hearing would be scheduled. If she did not show at the other hearing, a warrant would be issued for her arrest and there was a chance that she might lose custody.

I have tried to adopt my stepdaughter, but the biological father refused to terminate parental rights. Biological father has not seen or had any contact with my stepdaughter since may 2009, by his choice. Is that considered abandonment?

My question is, what avenues are available to her, and to us? My wife fought in the state of Connecticut for years to gain custody, and now 3 years later the biological father can just re open the case and force her to go cross country with little notice?
How does she know for certain which state has jurisdiction? If we must hire a lawyer, do we hire one from Washington or Connecticut?

Please stop referring to the FATHER as biological father. The child has NOT been adopted there for that term is not correct.

You wife should post for herself as this is HER LEGAL issue.

Thank You
Blue

 

[BL]

Help pay for Lawyer ,she'll need one.

So she moved , we don't know the whole story just one side.She needs to show up regardless ,or an attorney to represent her does.

 

[Ohiogal]

What is the name of your state (only U.S. law)? Washington State.

My wife has sole custody of her daughter, my stepdaughter in 2011. She was awarded sole custody by the state of Connecticut, of which she is still a resident. My stepdaughter's biological father recently re opened the custody, and my wife was told to be at a hearing in the state of Connecticut in 9 days. We currently live in Washington State. My wife also has been in constant contact with Washington State Child Support Enforcement (DSHS), attempting to collect back and current child support. She was told that any new custody issues would be handled by the state of Washington since Washington state now has jurisdiction since she opened a case here in 2012 for the child support. DSHS has told her to contact a lawyer because DSHS cannot be involved. My wife was told by the state of Connecticut that if she did not show at the hearing, another hearing would be scheduled. If she did not show at the other hearing, a warrant would be issued for her arrest and there was a chance that she might lose custody.

I have tried to adopt my stepdaughter, but the biological father refused to terminate parental rights. Biological father has not seen or had any contact with my stepdaughter since may 2009, by his choice. Is that considered abandonment?

My question is, what avenues are available to her, and to us? My wife fought in the state of Connecticut for years to gain custody, and now 3 years later the biological father can just re open the case and force her to go cross country with little notice?
How does she know for certain which state has jurisdiction? If we must hire a lawyer, do we hire one from Washington or Connecticut?

If mom did not domesticate the case in Washington state, then CT retains jurisdiction. Your stepdaughter's FATHER has every right to file motions pertaining to his child. Child support and custody are two different things and just because Washington opened for support means nothing about custody.
As for whether your stepdaughter's father ABANDONED her -- that depends on more facts. How is your wife still a resident of CT? When did she notify dad and the court regarding the move to Washington? How did that take place? Are there are any CPOs? TPOs? What motions did she file prior to moving? Did she make sure that dad has her phone number and address? What does the custody order state regarding dad's contacting with his child?

 

[stealth2]

If your wife is still a resident of CT, then that is the proper place for custody to be heard. Why has she not established residence in WA and domesticated the CT order? Better go buy her plane tickets.

 

[TheGeekess]

If your wife is still a resident of CT, then that is the proper place for custody to be heard. Why has she not established residence in WA and domesticated the CT order? Better go buy her plane tickets.

Mom's been in WA state since 2012, at least. That's when the CS order was domesticated to that state (according to first post).

 

[Zigner]

Mom's been in WA state since 2012, at least. That's when the CS order was domesticated to that state (according to first post).

Then she's no longer a legal resident of CT.

 

[Zigner]

If your wife is still a resident of CT, then that is the proper place for custody to be heard. Why has she not established residence in WA and domesticated the CT order? Better go buy her plane tickets.

It really doesn't have to do with her residency. CT retains jurisdiction of the custody matters even though the CS was domesticated in WA.

 

[Ohiogal]

Then she's no longer a legal resident of CT.

Military....

 

[Zigner]

Military....

Ok, yes, that's a possible explanation.