Child Custody

[Staceymae25]

West Virginia

My mom had custody of my daughter until 2008. She went to New York to my Aunt to live. Me and my
Aunt had joint custody of my daughter. Well,she moved back to live with my mom in West Virginia, after a couple of years.
Is my mom's custody order still good?
Thank You .

 

[Just Blue]

West Virginia

My mom had custody of my daughter until 2008. She went to New York to my Aunt to live. Me and my
Aunt had joint custody of my daughter. Well,she moved back to live with my mom in West Virginia, after a couple of years.
Is my mom's custody order still good?
Thank You .

1. Has there been another custody order/modification since the one that granted your mother custody?
2. How old is your daughter?
3. "Me and my Aunt had joint custody of my daughter"...Was that by court order or just an agreement?
4, Why is it needed/required that other people are deemed necessary to help parent this child?
5. Where is the father is all this?

 

[LdiJ]

West Virginia

My mom had custody of my daughter until 2008. She went to New York to my Aunt to live. Me and my
Aunt had joint custody of my daughter. Well,she moved back to live with my mom in West Virginia, after a couple of years.
Is my mom's custody order still good?
Thank You .

When you and your Aunt had joint custody was that something that was done via court order, or was it informal? If it was done via court order then no, your mother's custody order is no longer any good. However if it was something informal, then your mother's custody order is probably still in force.

 

[Staceymae25]

1. Has there been another custody order/modification since the one that granted your mother custody?
No
2. How old is your daughter?She is full grown,graduated in 2013,I am persuing this for a Child support case,I may have to fight.
They are trying to get child support for her,as they transferred the New York Support case to WV,after being closed.
A foreign court order went through the courts,it was thrown out,since it was done in 2014,after she graduated. I am
so confused.

3. "Me and my Aunt had joint custody of my daughter"...Was that by court order or just an agreement?
Yes,it went to court in New York.
4, Why is it needed/required that other people are deemed necessary to help parent this child?
5. Where is the father is all this? I do not know,I am remarried.

 

[Just Blue]

Please do not reply within the quotes when you are responding.

Was there an existing child support order from BEFORE your daughter turned 18? If so, when was CS established? How far in arrears are you? Where was the original support order from (what state)? Is your daughter disabled in some way?

It would be easier if you would explain the situation fully (please avoid using pro-nouns as that can be confusing to follow).

 

[Staceymae25]

Yes,there was a support order in West Virgnian,when my Mother had my daughter,it was paid,up to date. When my Aunt in new York, had custody of my daughter,a support was granted,paid in full,when my daughter moved back to West Virginia,with my mom.
My daughter is not disabled at all.
I hope I answered all your questions...not good at this.

 

[Just Blue]

Yes,there was a support order in West Virgnian,when my Mother had my daughter,it was paid,up to date. When my Aunt in new York, had custody of my daughter,a support was granted,paid in full,when my daughter moved back to West Virginia,with my mom.
My daughter is not disabled at all.
I hope I answered all your questions...not good at this.

Was the order in NY a domesticated order from WV or a new order issued from the courts in NY? I ask because in NY child support goes until 21 or legally emancipated but in WV it is until 18 or legally emancipated.

What exactly is your mother trying to get? A new support order for your adult daughter? Do you have an attorney?

 

[Staceymae25]

Yes,the order in New York,was a New one. I understand by law that you pay until child is 21. So,you still have to pay for my daughter, even though
she moved back in with my Mom in West Virginia,no Custody and Support order was established.
I don't have an Attorney, I think she is trying to get another order,or something. I feel she is in the wrong.

 

[t74]

If your daughter is in her mid 20s (graduated in 2013), please explain the reason for you now seeking child support. Please review previous posts and answer the questions. It might be helpful if you give a timeline of custody (include age of child) and orders entered and terminated and payee.

 

[Just Blue]

If your daughter is in her mid 20s (graduated in 2013), please explain the reason for you now seeking child support. Please review previous posts and answer the questions. It might be helpful if you give a timeline of custody (include age of child) and orders entered and terminated and payee.

Please re-read the previous postings. OP is not seeking support. Her mother is.

 

[Just Blue]

Yes,the order in New York,was a New one. I understand by law that you pay until child is 21. So,you still have to pay for my daughter, even though
she moved back in with my Mom in West Virginia,no Custody and Support order was established.
I don't have an Attorney, I think she is trying to get another order,or something. I feel she is in the wrong.

You need to consult with an attorney in the jurisdiction that your mother filed in. From what you posted it seems that your mother is trying for a support order on an adult and the response should be to dismiss the case as the "child" is now what.. 24? 25?.

 

[Just Blue]

BTW, @Staceymae25 I asked one of the site vetted family law attorneys to take a look at your thread.

 

[Staceymae25]

When you and your Aunt had joint custody was that something that was done via court order, or was it informal? If it was done via court order then no, your mother's custody order is no longer any good. However if it was something informal, then your mother's custody order is probably still in force.

Yes,it went through the courts.

 

[Staceymae25]

You need to consult with an attorney in the jurisdiction that your mother filed in. From what you posted it seems that your mother is trying for a support order on an adult and the response should be to dismiss the case as the "child" is now what.. 24? 25?.

Yes.That is what I thought. I just wanted to find out the facts before I do anything. This case was brought up in court in 2014.
My Daughter Graduated in 2013. When it went into the court,it was thrown off docket,so i guess it was dismissed.

 

[Just Blue]

Yes.That is what I thought. I just wanted to find out the facts before I do anything. This case was brought up in court in 2014.
My Daughter Graduated in 2013. When it went into the court,it was thrown off docket,so i guess it was dismissed.

URGH!!! Now I'm wicked confused. If it was thrown out 6 years ago, what is your mother doing now....filing a new support request?