Help? Court in the morning, after hours fax!

[mom6399]

What is the name of your state (only U.S. law)? Georgia.

If anyone is out there...advice will be greatly appreciated.

I am going to court in the morning for a change in visitation. NCP has not exercised visitation in more than 5 years and is currently under Federal indictment for willful failure to pay child support. We are seeking termination of VISITATION rights. Visitation rights have been suspended for nearly 2 years on an ex parte order, it's taken this long to serve the NCP.

Late this afternoon, NCP filed an order to dismiss. Claiming jurisdiction is not in the county/state the child's residence for 8 years (where we were living at the time of divorce). Divorce was in another state and the decree states jurisdiction shall be transferred to GA, the state of residence at the time the divorce was granted from another state.

The NCP lives in yet another state and is claiming that HIS state, a state he moved to following the divorce, is the state of jurisdiction because CSE in his state attempted to serve him with contempt orders...arghh.???

Will this be a valid argument? The child has never lived in the state/county as the NCP. I am the CP with sole legal and sole physical custody. Multiple attempts have been made to support/nurture/encourage a relationship with the child...multiple..., disregarded...obviously CS has not been paid to a SIGNIFICANT arrears based on this being a federal CS case...not terminating. parental rights, only visitation.

Too late to call my attorney...need to be prepared for the possibility...

Thanks to anyone who responds at this late hour.


Mom

 

[mom6399]

Thank you Mwarren

No, only one child!

And your response is my understanding as well...just very, very nervous...

Thanks,

mom

 

[mom6399]

Whew!

Thanks, again. Tomorrow has been a long time coming...and just when I think I am prepared...

 

[janM]

I'm sure your attorney will consult with you before court.
If dad was still living in the state that granted the divorce, he might have a point, but he moved.

CS often is set up where the person paying lives.

Let us know how it goes.

 

[mom6399]

Thank you!

The judge did not accept the NCP's order to dismiss and granted the motion to terminate visitation rights. I am still in shock, but relieved my child is finally safe.

Thanks for the responses last night and for all of those on this forum who have guided me through this long, long difficult journey.

 

[Zigner]

The judge did not accept the NCP's order to dismiss and granted the motion to terminate visitation rights. I am still in shock, but relieved my child is finally safe.

Thanks for the responses last night and for all of those on this forum who have guided me through this long, long difficult journey.

Congratulations!

 

[mom6399]

Thank you, Zigner

for the congratulations and for the wise words you post here...

I came to this site very naive. Through words that were sometimes harsh, but so right on and in hindsight very appropriate...my eyes were opened and I learned the best and right ways to approach the legal issues surrounding custody.

For anyone just starting out...keep good records, always do the right thing even if the other parent doesn't, attempt to facilitate in good faith...don't put your kid(s) in the middle...and LISTEN, LISTEN, LISTEN to the advice you get here...even if it's not what you want to hear.

Thanks again, to everyone who has helped me the past several years.

mom