What is the name of your state (only U.S. law)? South Carolina, with jurisdiction currently in Kansas.
In June of 2009, I was given full residential custody of my 5 year old child. His father and I were never married, but because of the length of time we all resided in Kansas, Kansas maintains jurisdiction.
Because of finances (to date this case has lasted for almost 2 years and cost myself approximately 50,000 in lawyer fees) as well as both parties' lawyers not coming to an agreement over the proposed journal entry for the Judge's decision, this order was never filed. My lawyer advised me that it would be in my best interest not to pursue reducing the Judge's order to writing because my son's father was seeking to file a Motion to Reconsider. As a result, nothing was done and I now know this renders me with no real legal rights.
My son's father "appears" to be unaware of the fact that the Judge's order wasnt reduced to writing. He has forfeited the monthly visitation that was included in the Judge's order, for the past 5 months. However he has recently expressed interest in exercising his holiday visitation this month here in SC.
My concerns are that with no real order in place, there's nothing preventing him from taking our child and returning to Kansas or elsewhere. Im also concerned that with me still trying to recover financially, I dont have the thousands it will cost to get the journal entry filed and reduce the judge's order to writing. I am panicked, confused and absolutely terrified. What options do I have?
In June of 2009, I was given full residential custody of my 5 year old child. His father and I were never married, but because of the length of time we all resided in Kansas, Kansas maintains jurisdiction.
Because of finances (to date this case has lasted for almost 2 years and cost myself approximately 50,000 in lawyer fees) as well as both parties' lawyers not coming to an agreement over the proposed journal entry for the Judge's decision, this order was never filed. My lawyer advised me that it would be in my best interest not to pursue reducing the Judge's order to writing because my son's father was seeking to file a Motion to Reconsider. As a result, nothing was done and I now know this renders me with no real legal rights.
My son's father "appears" to be unaware of the fact that the Judge's order wasnt reduced to writing. He has forfeited the monthly visitation that was included in the Judge's order, for the past 5 months. However he has recently expressed interest in exercising his holiday visitation this month here in SC.
My concerns are that with no real order in place, there's nothing preventing him from taking our child and returning to Kansas or elsewhere. Im also concerned that with me still trying to recover financially, I dont have the thousands it will cost to get the journal entry filed and reduce the judge's order to writing. I am panicked, confused and absolutely terrified. What options do I have?
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