Help with change in Jurisdiction

[Mit1962]

What is the name of your state? Texas

I recently asked what "inconvenient forum" was: explanation given : means that all the childs' main ties are in the childs current home state. All of the people whose testimony might be needed in a visitation/custody case

so my question is since my sons(16) family, two daughters 23 & 19, grandfather, stepfather, and uncle all live here in Texas since 2001 is it possible to have jurisdiction moved to texas? I must also state recently (july) my son was involved in a crime for which he has faced up to and was given probation for which he is currently serving and his probation officer, and councilors are here in texas.

Some one please help me with how I can get the jurisdiction changed my ex attorney said that I could not change because my divorce took place in Illinois ex was recently denied temp custody so would like to get this done quickly before he files another bogus motion for custody. Current judge is forcing son to go through an evalution and wants me to produce a pre-sentencing investigation report for his probation told courts can't that they must submitt request for this report judge said if I don't do what ever is necessary to produce this piece of paper and I quote" you need to do what ever, stand on your head if necessary but if you don't get me that paper I will hand over custody to ex no matter what his home is like" can I still change jurisdictions?

 

[stealth2]

I wouldn't expect your current judge in IL to agree to give up jurisdiction. Frankly - YOU moved.

 

[Whyte Noise]

I don't know who gave you that definition of inconvienent forum, but the first part of the answer you posted incorrect. The definition they gave you is for "Significant Connection". (The child has significant connections in the state... family, school, medical, etc. A State has Significant Connection to the custody case if it is the State in which the child and at least one parent have substantial evidence concerning the child’s present or future care. Evidence in the areas of family, school, medical care, and other evidence relating to the day to day environment of the child can be found in that State.)

Here's a legal definition for inconvenient forum:

forum non conveniens

Latin for a forum which is not convenient. This doctrine is employed when the court chosen by the plaintiff (the party suing) is inconvenient for witnesses or poses an undue hardship on the defendants, who must petition the court for an order transferring the case to a more convenient court.

If the original order was issued in IL and your ex still lives there, it's doubtful that jurisdiction would be moved to TX unless your ex agrees to do so.

The UCCJEA outlines jurisdictional issues.

 

[stealth2]

I don't know who gave you that definition of inconvienent forum,

It was LDiJ part way down in this thread: https://forum.freeadvice.com/showthread.php?t=208657

 

[Whyte Noise]

It was LDiJ part way down in this thread: https://forum.freeadvice.com/showthread.php?t=208657

Ahhh... using the entire post I can see the context it was stated in. Pretty much the same as I said.

 

[Mit1962]

Jurisdiction

Okay so even though as a few put it "you moved" my entire family is in Texas, my son is in the juvenile Probation system in Texas, any and everyone who would testify on my sons behalf is in Texas there is no way to get jurisdiction moved???

 

[rmet4nzkx]

Okay so even though as a few put it "you moved" my entire family is in Texas, my son is in the juvenile Probation system in Texas, any and everyone who would testify on my sons behalf is in Texas there is no way to get jurisdiction moved???

Jurisdiction would remain IL including any obligation for post secondary education support granted in your child support orders, perhaps that is what is behind your ex's actions. If your ex moved from IL then you might get jurisdiction changed. Your son's probation in TX may affect his moving if your ex were to get custody. Is his criminal activity one of the reasons for your ex filing for custody? Probation is not a compelling reason to change jurisdiction. It is very important that you follow the orders to the letter.

 

[Mit1962]

Would Love to hand it over

I would truely loved to hand over the papers that they are requesting, but unfortunatly I am not legally allowed to have a copy , Ex's attorney has spoken to individuals here in Texas regarding the paper work and was told they (IL Courts) must file a request with TX Courts and if the judge (in TX) decided they could have the paper would they get it. and my ex has filed this time sighting my son's probation and has his "good old boy" network covinced there must have been alot of other criminal behavior that lead up to the big one, again I would love to give them the paper because it proves my statements that my son has NEVER been involved in any other criminal act besides the one he is currently serving probation for.

 

[LdiJ]

I don't know who gave you that definition of inconvienent forum, but the first part of the answer you posted incorrect. The definition they gave you is for "Significant Connection". (The child has significant connections in the state... family, school, medical, etc. A State has Significant Connection to the custody case if it is the State in which the child and at least one parent have substantial evidence concerning the child’s present or future care. Evidence in the areas of family, school, medical care, and other evidence relating to the day to day environment of the child can be found in that State.)

Here's a legal definition for inconvenient forum:

forum non conveniens

Latin for a forum which is not convenient. This doctrine is employed when the court chosen by the plaintiff (the party suing) is inconvenient for witnesses or poses an undue hardship on the defendants, who must petition the court for an order transferring the case to a more convenient court.

If the original order was issued in IL and your ex still lives there, it's doubtful that jurisdiction would be moved to TX unless your ex agrees to do so.

The UCCJEA outlines jurisdictional issues.

I was the one who gave her the definition for inconvenient forum. I did not give her a different definition than the one that you gave her. I just put it in more simplistic terms. I did explain that it was primarily about the fact that the witnesses that may be involved in a child custody matters (such as medical providers, teachers, therapists etc.) would not be available to the courts without a jurisdictional change.

I agree that her question was more in line with "signficant connection" rather than inconvenient forum.

However the main answer to her question is that there appears to currently be a matter in "play" in the courts in IL. Therefore at this time it would be difficult to change jursidiction. If the OP doesn't have an attorney she really needs to get one. (in IL) because the judge appears to be making demands upon her that she may not be able to comply with, and she needs and attorney to help her handle that.