Filing visitation order in another county

[hystera]

What is the name of your state? CA
My estranged husband filed a visition petition in a county that my son nor myself has ever lived in. He is avoiding the county where I live due to 3 felony and 3 misdemeaners warrants that he has for his arrest in our local county. My question is what jurisdiction does his 2 hour away Superior court have over our son in deciding visition. I have to add that the reason why I oppose visition is due to the warrants currently out for him and he kidnapped our son 3 years ago to flee legal problems. I have paper proof that he tried to change his name and he has remarried before we are even divorced. I have been left holding the financial bag, but his trickery is driving me nuts.

Thank you in Advance,

Gina

 

[casa]

What is the name of your state? CA
My estranged husband filed a visition petition in a county that my son nor myself has ever lived in. He is avoiding the county where I live due to 3 felony and 3 misdemeaners warrants that he has for his arrest in our local county. My question is what jurisdiction does his 2 hour away Superior court have over our son in deciding visition. I have to add that the reason why I oppose visition is due to the warrants currently out for him and he kidnapped our son 3 years ago to flee legal problems. I have paper proof that he tried to change his name and he has remarried before we are even divorced. I have been left holding the financial bag, but his trickery is driving me nuts.

Thank you in Advance,

Gina

He can file in his County. As long as he or you live in that County & it's in CA, it's perfectly legal. You could have just as easily have filed first & he would be commuting to YOUR County. Would it be 'fair' then?

I would respond to his filings with all your evidence filed properly. His remarriage is not likely to be relevant. Did he try to change HIS name or the child's name?

 

[hystera]

Thank you for your reply. I have paper proof that he tried to change his own name. The only reason I bring up the remarriage is that as of this day we are not divorced yet. I realize that I could have filed first, but this man left me with nothing and I have been rebuilding and trying to provide our son with a stable home. I do not qualify for fee waivers and the $350.00 is hard to come up with on my wages. The only reason I ask about juristiction is because I was told that unless our child has resided there or was born there that the other county has no juristiction over anything to do with our child. I am afraid with the potential name change, his history of fleeing from justice, and the warrants for his arrest that any alone time with our son puts him in danger of abduction once again. Our son is 12 years old and he has indicated to me that he is afraid of any alone time with his father.

 

[casa]

Thank you for your reply. I have paper proof that he tried to change his own name. The only reason I bring up the remarriage is that as of this day we are not divorced yet. I realize that I could have filed first, but this man left me with nothing and I have been rebuilding and trying to provide our son with a stable home. I do not qualify for fee waivers and the $350.00 is hard to come up with on my wages. The only reason I ask about juristiction is because I was told that unless our child has resided there or was born there that the other county has no juristiction over anything to do with our child. I am afraid with the potential name change, his history of fleeing from justice, and the warrants for his arrest that any alone time with our son puts him in danger of abduction once again. Our son is 12 years old and he has indicated to me that he is afraid of any alone time with his father.

I think considering the history of father's actions~ you have legitimate reason to be concerned. What you have to do though, is make sure you properly file all your documentation and REQUEST the court order Supervised Visitation & Parenting Classes.

Jurisdiction can be challenged~ It's very possible to make a case for that, as well as request you be allowed telephonic appearance.

Also remember this: CA does NOT like to change custody...this state strongly favors Status Quo. Dad will have to PROVE there has been a Change of Circumstance. Look up CA Change of Circumstance~ it should set your mind at ease.

 

[hystera]

Thank you for your reply. I attempted to look up the CA Change of Circumstances and was not able to locate what that means. Is there a website that can explain the term to me? I am just trying to prepare myself for .....

Thank You
Gina

 

[casa]

Thank you for your reply. I attempted to look up the CA Change of Circumstances and was not able to locate what that means. Is there a website that can explain the term to me? I am just trying to prepare myself for .....

Thank You
Gina

Start here...

http://www.california-divorce.com/parental/parentalrts6.html

 

[hystera]

Thank you so much. I have just read the 1st page and this is good material. I willl be busy for awhile.

gina

 

[Ronin]

He can file in his County. As long as he or you live in that County & it's in CA, it's perfectly legal. You could have just as easily have filed first & he would be commuting to YOUR County. Would it be 'fair' then?

Its only legal if you allow it. Jurisdiction in this case should be in the child's home county. A good attorney should be able to easily establish jurisdiction based upon where the child and the CP (you) live.

Consider consulting a family law attorney in your own county before responding to the petition in the other county. Nip this in the bud. If you do not respond properly and start the legal ball rolling in the other county you may waive your rights or make it more difficult to challenge jurisdiction later.

In the long run it will save you a lot of headaches and $$ from dealing with a distant court. From the sounds of things forcing the proceedings in your county will also be an incentive for your ex to keep his court appearances to a minimum.

 

[casa]

Its only legal if you allow it. Jurisdiction in this case should be in the child's home county. A good attorney should be able to easily establish jurisdiction based upon where the child and the CP (you) live.

Consider consulting a family law attorney in your own county before responding to the petition in the other county. Nip this in the bud. If you do not respond properly and start the legal ball rolling in the other county you may waive your rights or make it more difficult to challenge jurisdiction later.

In the long run it will save you a lot of headaches and $$ from dealing with a distant court. From the sounds of things forcing the proceedings in your county will also be an incentive for your ex to keep his court appearances to a minimum.

It's legal whether OP 'allows' it or not. OP has no legal authority. I think you mean, "unless you challenge Jurisdiction".

I agree with you that if the case is heard in OP's Jurisdiction, it would be a monetary incentive for the X to keep filings/appearances briefer.

 

[Ohiogal]

Jurisdiction can be challenged~ It's very possible to make a case for that, as well as request you be allowed telephonic appearance.

This is actually venue. Not jurisdiction.