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A HUGE victory- with stipulations.

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stealth2

Under the Radar Member
I stated on a few of my posts, that it might not would happen but that she had a right to file to see if it could be done.. nobody on here knows her actual chances of getting it changed.. it goes both ways.. she has a chance and she dont have a chance.. nobody can say what Judge will say with what.. only the Judge knows that.. even with a slim chance she still has a chance..
Christ on Crutches - you would drive the most normal person to drink. ANYONE CAN FILE FOR ANYTHING! Even if the OK judge says OK!, a Cali judge can say Bite me! And it will stay in Cali. You don't know squat, and you are giving bad advice. VERY bad advice.
 


jekyl007

Member
Yes, and I have a chance of winning the lottery. By your logic, I should cash my entire paycheck and buy lottery tickets. :rolleyes::rolleyes:

UNDER FEDERAL LAW, her chances are close enough to zero that it's not worth the attempt - and it's irresponsible to suggest that she has a real chance.

If we all went with that theory then the ones who do file and get it would never file.. She does have a chance no matter how small the chance is.. funny how I didnt get told those numbers by my lawyer a year ago when I did it.. Also funny how me and many others have done it and gotten it.. Yes, we all know that not everyone gets it.. but by what you are saying, if the chances are small then you shouldnt even bother trying, well in that case half the people who file for custody shouldnt try if their chances are small at getting it, yet some of those who do file with slim chances get what they are filing for.. telling her it could be a waste of her time is what I find very irresponsible.. OP is the mother and is doing what is best for her child and (yes) for herself.. I also do not find that selfish of her.. not everyones stories are black and white.. most have some grey.. but with this being a legal board I will only state the accurate.. Yes she can file to try to change jurisdiction.. (no matter what the chances are or arent) That is the legality of it, plain and simple..
 

stealth2

Under the Radar Member
If we all went with that theory then the ones who do file and get it would never file.. She does have a chance no matter how small the chance is.. funny how I didnt get told those numbers by my lawyer a year ago when I did it.. Also funny how me and many others have done it and gotten it.. Yes, we all know that not everyone gets it.. but by what you are saying, if the chances are small then you shouldnt even bother trying, well in that case half the people who file for custody shouldnt try if their chances are small at getting it, yet some of those who do file with slim chances get what they are filing for.. telling her it could be a waste of her time is what I find very irresponsible.. OP is the mother and is doing what is best for her child and (yes) for herself.. I also do not find that selfish of her.. not everyones stories are black and white.. most have some grey.. but with this being a legal board I will only state the accurate.. Yes she can file to try to change jurisdiction.. (no matter what the chances are or arent) That is the legality of it, plain and simple..
Ok, sweetpea - put your money where your mouth is. Please detail exactly what your situation was and how you got jurisdiction changed. And also how much you paid to have it done. Thank you.

Waiting...
 

jekyl007

Member
Christ on Crutches - you would drive the most normal person to drink. ANYONE CAN FILE FOR ANYTHING! Even if the OK judge says OK!, a Cali judge can say Bite me! And it will stay in Cali. You don't know squat, and you are giving bad advice. VERY bad advice.
it is not bad advice to tell someone that they have the legal right to file it if they want to.. nor is it bad advice to tell them that it can go either way, which is exactly what I have told her.. I seriously think some of you should get off your high horses and actually learn to read without trying to put others down.. if you dont agree then dont agree. but seeing as this is a legal board and she asked if she could file to change jurisdiction (not what her chances are) then she was given the information that she can.. instead of those of you trying to tell her "oh no you cant".. I mean seriously.. most of you on here have to put others down if you dont agree with something.. unless you are a lawyer on here telling me "no she cant legally do that" then your points are null and void to me...
 

gam

Senior Member
Yes, and I have a chance of winning the lottery. By your logic, I should cash my entire paycheck and buy lottery tickets. :rolleyes::rolleyes:

UNDER FEDERAL LAW, her chances are close enough to zero that it's not worth the attempt - and it's irresponsible to suggest that she has a real chance.
On top of this, filing to change it to OK, is going to piss off dad. Just what this case needs, is more ill feelings between the 2 parents.

All for some very, very slim chance of getting moved.
 

LdiJ

Senior Member
Ditto.



Yet, a responsible poster would tell her that her chances were close to zero. You didn't. You told her that you got it done, so her assumption would likely be that she could to. You were irresponsible.


Jekyl, just to give you a good example of what we are talking about....

I know someone who was able to convince a state to forcibly take jurisdiction in a case. Even though the other state refused to relinquish it.

Based on that, I could have easily said that it was possible to do that. Notice, I did NOT say anything of that sort. I said it wouldn't happen. Why? Because it would have been irresponsible of me to say that in this particular case. It did not have any of the elements that could cause a state to forcibly take jurisdiction.

Your context is not the OP's context, and the OP's context has no elements that would allow that to happen, at this time. She may have in the future, particularly if dad leaves CA, but she doesn't have it now.
 

rocknrollmommy

Junior Member
It IS out of the question. Sure, there's about a 0.01% chance that it would be granted, but federal law precludes it.
Please show me where Federal Law prohibits changing jurisdiction according to the UCCJEA (http://www.lrcvaw.org/laws/uccjea.pdf)

And the fact that you're even considering it, apparently as a method to get out of your court ordered transportation expenses, says a great deal about your desire to foster Dad's relationship with the child.
Where did I ever say this was the reason for my curiosity? Nowhere. It was a question. As simple as that. I guess in my twisted logic of "we will be in OK for the rest of our lives (or until I win the lottery and am able to move my daughter back to CA without a care in the world), so why not have the case moved so that I won't have to worry about hiring an attorney in CA if I needed to?"

BS. You had a $50 K job and refused it. At the time, you were unmarried and Dad had apparently not filed for custody of any type (based on the fact that you admit there were no court orders covering support). As an unmarried Dad, he had no right to determine what's right for the child without a court order for joint custody.

And even if he DID have custody, he had no right to tell you to pass up a $50 K job.
neither of us had filed for custody because that wasn't an issue in the foreseeable future. We were in a committed relationship and I was trying to make things work, there was no need to do so. Hindsight is 20/20. At the time, whatever input he gave about our child, I put thought into. Simply for the fact that there was any input there at all.

I call BS.

First, there are state aid programs to help with CS. Second, it's interesting that you can get a $50 K job in CA when it's convenient, but when you're looking for an excuse to leave the state, there's nothing there but working at McDonald's. And you are apparently qualified enough to get a state job in OK without even showing up. OK is having major budget problem and has cut an enormous number of state jobs in the past year.

With reasonable effort, there's no reason why you shouldn't be able to get a job in CA.
I am done arguing with you. I've tried looking for work, the work I've found is not feasible with the cost of child care (I've been on the waiting list for assistance for over a year now). I'm a fantastic mother, I've done the best I can to provide for my daughter even with a father who couldn't care less. If he had actually changed he wouldn't have only showed up for the first week of visitation. He would have shown up at the ER when I called to tell him I had to take our daughter in. There are so many things a father should do and he is just a shell of a man, as I suspect you are.

If moving my daughter away, in order to give her a life that does not involve sleeping on the streets, eating other people's handouts, and resenting her father for me deciding to stay just so she can see him when it's convenient for him is selfish- then I'm guilty.


I wish you all a good day and good luck in whatever life brings your way. Consider yourself lucky that you are so fortunate to be able to sit back and judge others based on what your "superior" thought process is.

"Judgments, value judgments concerning life, for or against, can in the last resort never be true: they possess value only as symptoms, they come into consideration only as symptoms - in themselves such judgments are stupidities"-Friedrich Nietzsche​
 
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