UCCJEA

[Allquestions]

What is the name of your state? California.

Brand new custody case wherein the father moved out of the State, leaving myself and the children. I filed for custody. His recent response did not include an UCCJEA. Was that potentially done so that he can file one in his current State? Since his response includes untrue and terrible lies, I wonder if his intent is to take them (they have resided in CA all their lives) and then file in his State. He will meet his six months living requirement in 4 months. Thanks in advance!

 

[Zigner]

The other state doesn't have jurisdiction. I can't tell you what his motivations might be, but I suspect the failure to include a form or forms is more indicative of a lack of knowledge of what is required than a plot to file a case in a different state 4+ months from now.

 

[Allquestions]

The other state doesn't have jurisdiction. I can't tell you what his motivations might be, but I suspect the failure to include a form or forms is more indicative of a lack of knowledge of what is required than a plot to file a case in a different state 4+ months from now.

I fully agree about the lack of knowledge. 'Lack of' is evident throughout the response and I am surprised that the court allowed it to even be accepted. I failed to mention that he is asking for custody. His response with allegations/lies and no UCCJEA made me feel he was planning something else. More like an attempt to take them and make his state have jurisdiction.

 

[LdiJ]

I fully agree about the lack of knowledge. 'Lack of' is evident throughout the response and I am surprised that the court allowed it to even be accepted. I failed to mention that he is asking for custody. His response with allegations/lies and no UCCJEA made me feel he was planning something else. More like an attempt to take them and make his state have jurisdiction.

Well, that simply won't work. Its more likely that he is asking for custody as a way to avoid child support.

 

[Zigner]

I fully agree about the lack of knowledge. 'Lack of' is evident throughout the response and I am surprised that the court allowed it to even be accepted.

The court doesn't decide whether or not to accept a response. It is filed and that is it. If it fails to meet the requirements, then it is on you to object to it.

I failed to mention that he is asking for custody. His response with allegations/lies and no UCCJEA made me feel he was planning something else. More like an attempt to take them and make his state have jurisdiction.

If he filed an actual response, then he is acknowledging this state's jurisdiction in the matter.

 

[Zigner]

Well, that simply won't work. Its more likely that he is asking for custody as a way to avoid child support.

I agree that it won't work, but I don't agree that it's "more likely" that he's asking for custody as a way to avoid child support. It's entirely possible that he wants his children to live with him. You know...SOME dads do that.

 

[LdiJ]

I agree that it won't work, but I don't agree that it's "more likely" that he's asking for custody as a way to avoid child support. It's entirely possible that he wants his children to live with him. You know...SOME dads do that.

Yeah, but those dads generally don't move away from their children to another state.

 

[stealth2]

Given that (apparently) you/the children are established residents in CA AND you have already filed, his state would not have jurisdiction. If heDOES file, you should dispute their jurisdiction. I would suggest that you speak with an attorney sooner rather than later to make sure you have your ducks in a fow.

 

[Zigner]

Yeah, but those dads generally don't move away from their children to another state.

Perhaps he had a sick family member...
Perhaps he was abused and had to get out of the situation...
Perhaps he moved for a job and assumed his wife and kids would be following...

We simply don't have enough information to know dad's motivation for moving, nor does it matter when advising the OP in this situation.

 

[PayrollHRGuy]

Yeah, but those dads generally don't move away from their children to another state.

Lots of people move for lots of reasons that aren't to get out of something.

 

[Allquestions]

Unfortunately I can clear up the disputes as to "reasoning". It is a child support issue. Sorry, but it is. The relationship ended and he moved for "a better life", leaving the children behind and providing zero support.

 

[Zigner]

Unfortunately I can clear up the disputes as to "reasoning". It is a child support issue. Sorry, but it is. The relationship ended and he moved for "a better life", leaving the children behind and providing zero support.

Without hearing HIS side of the story, all we have is conjecture on your part. Your belief is not reliable, as you are very biased in the matter. LdiJ has also shown bias towards moms.

I'm not saying you're wrong...

 

[LdiJ]

Without hearing HIS side of the story, all we have is conjecture on your part. Your belief is not reliable, as you are very biased in the matter. LdiJ has also shown bias towards moms.

I'm not saying you're wrong...

Yes you are...and its absurd. Parents, whether they are fathers or mothers who move states away from their children don't do so if their children are their priorities.

 

[t74]

Yes you are...and its absurd. Parents, whether they are fathers or mothers who move states away from their children don't do so if their children are their priorities.

We often hear of custodial parents who move away from the other parent to be with their current bed buddy. If the custodial parent had the children's best interests at heart, they would remain in the original location near the non-custodial parent. Too often the relocating, non-custodial person is accused of trying to avoid support.

 

[Allquestions]

Without hearing HIS side of the story, all we have is conjecture on your part. Your belief is not reliable, as you are very biased in the matter. LdiJ has also shown bias towards moms.

I'm not saying you're wrong...

I get your point but moving out of State is not good for any child, in my opinion. And I don't think bias has anything to do with leaving children. Parents should put their children first. Parents, both mother and father. The decision to move was pure selfishness and nothing else. Now, I don't need to prove that because his response clearly shows his move was not warranted. An adult should be capable of explaining what a "better life" is in his response. He did not. And when he sits before the court, I expect that he will not be able to explain it then. Unless, perhaps, someone has advised him what a stupid statement it was and that he'll need to come up with something pretty amazing.