Intra-state separation / divorce

[karamarie]

What is the name of your state? CA

My husband and I are from California. Four years ago we moved to Tennessee. We have 2 children ages 2 and 9. My husband has been physically and emotionally abusive to myself and the kids. When he started on the kids and I realized he wouldn't change, I decided to leave him after trying counseling etc. Just so you know, I'm bringing up the abuse for your information in what might happen with this case, not as a pity party.
I left with the kids April 30th and moved to California. He knew we were leaving. I have been a stay at home mom for 4 years and planned on staying in Tennessee, but had no car (he crashed one and needed the other for his job) and no way of taking care of the kids financially. I moved in with my parents temporarily and am trying to get a job etc. and do everything I have to to take care of the kids.
I filed for separation (divorce is a 6 month waiting period) May 1st pro-per. I served him and went to the mediation appt and then court. Unfortunately I had a hard time getting the proof of service listing the court date (had the initial seperation papers proof of service). Court was continued till June 11th. I recieved the proof of service papers right after court to my frustration and filed them the next day. He didn't show up or call in (he could have called in for his appearance) for mediation and court. I don't think he knows that the hearing was continued, but will when I have to serve him again (this time it's mail and I will have the proof for court).
Now I find out that he is trying to serve me with something from Tennessee to throw out my case. I haven't been served yet and I don't know what it is. That is the only info I have about it.
Can he have my case thrown out? I have email proof that he knew we where leaving and I have email proof of him admitting to slapping my oldest son.
I am asking for full custody with him having visitation. I am also asking for child support and spousal support according to California guidelines. We were married for 10 years 8 months before I left. Because I stayed home with the kids I can no longer make as much money as I did 5 years ago and only want temporary support.
I'm worried that he might have filed for divorce in Tennessee. If he did, will everything be in Tennessee jurisdiction even though I have a previous case open in California because I only filed for separation and he's probably filing for divorce and because the kids and I just moved? Will his failure to appear in my case affect anything or is it moot because the case was continued? Should I try to avoid being served until my case is heard June 11th? What is my next step?
Even if I am served I'm thinking hopefully that his case would not be heard or my response would not be required till my case was already resolved. Would time be in my favor in this instance?
Thanks for any help. What is the name of your state?

 

[Ohiogal]

What is the name of your state? CA

I left with the kids April 30th and moved to California. He knew we were leaving. I have been a stay at home mom for 4 years and planned on staying in Tennessee, but had no car (he crashed one and needed the other for his job) and no way of taking care of the kids financially. I moved in with my parents temporarily and am trying to get a job etc. and do everything I have to to take care of the kids.
I filed for separation (divorce is a 6 month waiting period) May 1st pro-per.

You are about to get thrown out of California courts as you have no standing to be in California courts regarding custody of the children or anything else.

I served him and went to the mediation appt and then court. Unfortunately I had a hard time getting the proof of service listing the court date (had the initial seperation papers proof of service). Court was continued till June 11th. I recieved the proof of service papers right after court to my frustration and filed them the next day. He didn't show up or call in (he could have called in for his appearance) for mediation and court. I don't think he knows that the hearing was continued, but will when I have to serve him again (this time it's mail and I will have the proof for court).

You are going to have major issues.

Now I find out that he is trying to serve me with something from Tennessee to throw out my case. I haven't been served yet and I don't know what it is. That is the only info I have about it.
Can he have my case thrown out? I have email proof that he knew we where leaving and I have email proof of him admitting to slapping my oldest son.

Yes he can have your case thrown out because California does NOT have jurisdiction over this case.

I am asking for full custody with him having visitation. I am also asking for child support and spousal support according to California guidelines.

And tennessee has jurisdiction over the children. NOT California. That is per federal law.

We were married for 10 years 8 months before I left. Because I stayed home with the kids I can no longer make as much money as I did 5 years ago and only want temporary support.

Oh well.

I'm worried that he might have filed for divorce in Tennessee. If he did, will everything be in Tennessee jurisdiction even though I have a previous case open in California because I only filed for separation and he's probably filing for divorce and because the kids and I just moved?

Yes because you are NOT a California resident and you have no standing to file in California courts for anything until you are a resident for court purposes (normally six months but California may require something different).

Will his failure to appear in my case affect anything or is it moot because the case was continued? Should I try to avoid being served until my case is heard June 11th? What is my next step?

Avoid being served? You are kidding correct? You are going to have major issues. Anything California does at this point could easily be overturned due to the UCCJEA. Understand? Dad is NOT consenting to jurisdiction in California.

Even if I am served I'm thinking hopefully that his case would not be heard or my response would not be required till my case was already resolved. Would time be in my favor in this instance?

No. Because the court will most likely throw your case out on June 11th. Dad is right and you are wrong. You had no right to file in California when you did.

 

[karamarie]

What are my options now? File for custody in Tennessee?

 

[Ohiogal]

What are my options now? File for custody in Tennessee?

Yep. And hope the court doesn't order the children returned to Tennessee and grant him sole possession of the marital home that you left. Or you will be living in California, the children in Tennessee which sets him up to be primary custodian. You screwed yourself. And you tried to skirt jurisdictional requirements because you thought you were better than the law. You need an attorney.

 

[CourtClerk]

Here's what concerns me... and I GUARANTEE you will be brought up in court.

Somewhere in the summons and petition are statements regarding residency requirements. When you filed those papers in CA, you essentially said that you had the right to file in CA because you met the residency requirements in not only the State of California, but in the County in which you filed (which you met none). Which means what? You lied.

So, what do we already have on its face. You left the jurisdiction of the court with the children. Fraudulently filed for divorce in CA and on top of all that... lied on the petition. I know you decided that you were going to go the first time Pro per, however, I would strongly suggest you hire a TN attorney, because I can see you getting reamed on this one.

 

[Ohiogal]

Here's what concerns me... and I GUARANTEE you will be brought up in court.

Somewhere in the summons and petition are statements regarding residency requirements. When you filed those papers in CA, you essentially said that you had the right to file in CA because you met the residency requirements in not only the State of California, but in the County in which you filed (which you met none). Which means what? You lied.

So, what do we already have on its face. You left the jurisdiction of the court with the children. Fraudulently filed for divorce in CA and on top of all that... lied on the petition. I know you decided that you were going to go the first time Pro per, however, I would strongly suggest you hire a TN attorney, because I can see you getting reamed on this one.

Well, correct me CC if I am wrong, but on those filings you are also swearing that everything is the truth under penalty of perjury correct? So therefore she committed perjury and I believe that is a felony. Which means if dad wants to press the issue or she really ticks the court off, she can find herself facing criminal charges.

Oh and being pro-per doesn't give her an excuse -- because you are still expected to know the law.

 

[CourtClerk]

Well, correct me CC if I am wrong, but on those filings you are also swearing that everything is the truth under penalty of perjury correct? So therefore she committed perjury and I believe that is a felony. Which means if dad wants to press the issue or she really ticks the court off, she can find herself facing criminal charges.

Oh and being pro-per doesn't give her an excuse -- because you are still expected to know the law.

You're absolutely correct, however, on either the summons, petition or even the family law case coversheet, there is specific wording regarding residency. Remind me tomorrow, if I have time, I'll look.

However, we both know it'll be dad's best evidence to prove that she intentionally attempted to remove the child(ren) from their home state and not return them. Can you say NCP?

 

[Ohiogal]

Yep I can say NCP and I can spell it. But I think we also scared away OP.