Conflicting Custody Orders

[Josh's Dad]

What is the name of your state? Texas, this also relates to WA state.

To be as brief as possible...
1996 - wife runs off to WA with son. I file and get Temp Orders and get son back
1997 - she returns, case remains open but we never dismiss case
Oct. 2002 - she splits for WA again, this time she files for Protective order on bogus abuse claim, I go to WA with Temp Orders and a new Writ of Habeas Corpus from judge. WA court grants PO and ignores TX orders
Jan 2003 - hearing in TX court, judge vacates TO and Writ due to WA not honoring orders
Feb 2003 - I file in Orange County, TX where I am now a resident
March 2003 - she files in WA
July 2003 - TX grants default divorce and does UCCJEA determination on jurisdiction, decides that TX has jurisdiction
August 2003 - WA grants her default div, custody and support
September 2003 - TX grants me custody and support and states that WA does not have jurisdiction to render orders

Now we both have custody orders, she has son and I haven't seen him in 13 months. Only get to talk on phone a couple times a month. We have hearing in December in TX on Motion for Expedited Enforcement and she filed Motion for New Trial. I want my son back. I need to file an appeal in WA, I am sure I can win the appeal. I don't know how to do the BRIEF. Is there anyone that wants to help?

Thanks for your time,
Mike Byrd

 

[stephenk]

now is not the time to go cheap. Hire an attorney. Yes you can afford it.

 

[Josh's Dad]

Sorry bud, but that's not sound advice in my book. I had two attorneys (law firms, excuse me) and I still don't have my son. If I would have read the Texas Family Code back in the beginning I feel certain that my son would be with me now. Instead I trusted the lawyers to "do the right thing". I'm not saying all lawyers are like this, but the most expensive one I could find turned out to be the worst. My ex uses legal aid and has managed to keep my son from me. Of course she has a judge in WA that is "knowingly exceeding his jurisdiction" and will have to answer for that too when I get the rest of this mess out of the way. For now, it's pro se for me. Besides, all my family is now broke because of this mess. My mom had to go back to work (she's retired) to make ends meet because we have shelled out so much for lawyers fees.

Mike

 

[BL]

Your Attorneys should have filed an Appeals on your behalf my Friend. ( if it's not to late file one ).

One of the Judges Abused his/her discretion, or worse.

I wonder If you or your lawyers filed a foreign Custody Order in WA. ?

Under the UCCJEA If there is a question of Jurisdiction ,one state must communicate with with the other state re: Jurisdiction.

Also remember If the other Party w/ the children has set up residence for at least 6 months that is the home state, unless the Law has been broken ( Parental Kidnapping ), which falls under ( PKPA ), and is a felony crime.

If your order gave you Custody , it should have had a no removal clause ( a good lawyer should have made sure ), and if the other party fled with the children ,it is a felony crime ( some states Statutes of limitations are 6 to 7 yrs ), and you can file a criminal report .

 

[Boxcarbill]

Your Attorneys should have filed an Appeals on your behalf my Friend. ( if it's not to late file one ).

One of the Judges Abused his/her discretion, or worse.

I wonder If you or your lawyers filed a foreign Custody Order in WA. ?

Under the UCCJEA If there is a question of Jurisdiction ,one state must communicate with with the other state re: Jurisdiction.

Also remember If the other Party w/ the children has set up residence for at least 6 months that is the home state, unless the Law has been broken ( Parental Kidnapping ), which falls under ( PKPA ), and is a felony crime.

If your order gave you Custody , it should have had a no removal clause ( a good lawyer should have made sure ), and if the other party fled with the children ,it is a felony crime ( some states Statutes of limitations are 6 to 7 yrs ), and you can file a criminal report .

Let me make some clarifications for the benefit of other readers who may be reading these responses. First, there are two cases going on here. One in WA and one in TX. An attorney licensed to practice law in Texas would be hired on the TX case and a lawyer licensed under WA law would be hired to represent the poster in the WA proceedings. It is extremely unlikely to find a family law lawyer that would be willing to represent a person in two different states even if the lawyer were to be licensed to practice in both states. The latter would be extraordinarily unlikely.

Second, appeals are not part of the original case. In fact, many lawyers do not do appellate work and there are lawyers who do nothing else but appellate cases. When a final judgment is entered, the representation ends unless the client wishes to hire the attorney on a new matter (contempt, modifications and/or appeal) and the attorney agrees to the representation.

Third, as for one of the judges abusing their discretion, under the provisions of the UCCJEA, the WA court would have temporary emergency jurisdiction to make temporary orders on the basis of the abuse claim even if a proceeding had been commenced in another state--i.e. TX. Now, judicial communication is mandatory to resolve the emergency (protect the safety of the parties and the child) and to determine how long a temporary order should remain in effect. Apparently this communication did take place because TX dismissed its temporary orders in January. The duration of a temporary emergency custody order depends on whether custody has been or is currently being litigated in another state which has jurisdiction. If a previous order exists or a custody proceeding has been commenced in a court with jurisdiction, the temporary emergency custody order must specify an adequate period within which the person seeking emergency relief may obtain a custody order from the other court or specify the time period in which the temporary order expires. If there is no prior custody which is enforceable under the UCCJEA and none has been ha been commenced in a court with jurisdiction, the emergency temporary custody order becomes a final order, if the order provides, when the issuing state becomes the home state of the child.


Obviously, what the WA temporary order and final order states is critical in making any determination regarding the validity of the order.

To the poster: In a nutshell, this situation is far too complicated to be addressed on an Internet forum. Since you don't want to hire a lawyer, I seriously doubt that you will find one who is willing to handle this case for free. You have a great deal of work ahead of you and unfortunately in appellate work you have a number of deadlines which must be met.