need help

[katinmaine]

What is the name of your state? Maine and Conneticuit

This is for a friend of mine and this is whats happenening. Friend lives in Maine with her son who is 4. She has been living in maine for more then a year now with her son. He Ex lives in conneticuit. He is fighting for custody in Conneticuit. He Lives with his parents who are wealthy and does not pay childsupport. Mother has Primary Residency for child in maine. Father was getting 1 week a year visits in Conneticuit, as long as child stayed at his parents with him and nowhere else. He has now filed for custody in conneticuit and was granted 2 weeks visit in conneticuit. The child has been documented by family doctor that when he comes home he is usually sick and has been sick for a few days and this is almost every time, also bruises that child has recieved while in fathers care has been documented also by doctor (one was a large adult hand bruise in middle of his back). Mom is worried for sons welfare while in the custody of his father, she has reported everything to child protective services here in maine and in conneticuit, MAine would not help her and conneticuit called father set up a visit and said nothing was going on (child was back in maine by then and DHS never see father with child). Child also has a GAL in conneticuit who is soon closing case and has never evaluated mother and son in own home in maine (GAL says its to far to drive). Mother has filed for custody here in maine and it was denied she was told she would have to go to Conneticuit for it. She has asked for a lawyer in Conneticuit and was denied because she lives in maine and cant get a maine lawyer because case is in conneticuit. She has also filed for State aid and they keep denying her. The say that the child is not deprived of both parents and she should file for childsupport which she has done and is still not getting any. She has a court hearing comming up at the end of january in Conneticuit, she has no way to get there and no Lawyer. I have tried everything to help her and I am now at a loss because i cant seem to get her any help, She does work but only makes minimum wage and is pregnant, she barely makes enough to survive, but she loves her child dearly and does not want to lose him. Father has also been convicted of Herion Possesion and is still using, He has his wealthy parents helping him and paying for all court stuff, and his father is an ex CPS worker. Any Information you could give me to help her out would be appreciated

 

[snostar]

She either needs to borrow and beg for the necessary assistance to get an attorney or seriously start researching how to prepare for court. Deltabravo.net is a good resource for preparation.

 

[haiku]

your post is a bit difficult to follow, but suffice to say, if paternity, custody and visitation were originally decided in Connecticut, and dad still resides in connecticut, that is where jurisdiction will stay.

if paternity was established in connecticut, that meant that both parents have equal rights to presumption if custody of this child.

if mom left for Maine without permission of the father and court, she was wrong to do so, because now she has created her own burden of having to travel back and forth to iron out a custody agreement.

 

[acmb05]

and why

If she is so poor and needs state aid did she ever go and get pregnant again? I swear some people use absolutely no common sense these days.

 

[katinmaine]

The mother moved to maine with the permission from the father, he even helped her move to maine and lived in maine for a year befor he started custody for child

 

[katinmaine]

also she did not get pregnant on purpose, she was on birth control that failed

 

[stealth2]

And most folks know that's a possibility. Only one foolproof way of not getting preggers. Keep everything zipped and on.

 

[Whyte Noise]

Despite the fact that she is pregnant, works a minimum wage job and has no way to get there or can't afford an attorney, she needs to go to that hearing. Why? Because if she doesn't dad will get custody. A default judgment will be issued against her because she didn't show up for court, and whatever dad asked for in his petition, he will get. He asked for custody, and that's exactly what he will be granted.

She needs to beg or borrow the money for an attorney, and perhaps he can get her a continuance since he's just now taking the case, and only has a couple of weeks to prepare before the hearing. Have a friend take her to the hearing if she can't get an attorney. Whatever she does, she can't just ignore this. It won't go away if she covers her eyes or sticks her fingers in her ears and says "lalalalalalalala" over and over.

She needs to be there. Seriously.

 

[LdiJ]

The mother moved to maine with the permission from the father, he even helped her move to maine and lived in maine for a year befor he started custody for child

Then she really needs an attorney, badly, because CT never should have made any orders regarding the child. Maine should have had jurisdiction.

Tell her to at least get a consult with one in Maine ASAP.

 

[haiku]

Then she really needs an attorney, badly, because CT never should have made any orders regarding the child. Maine should have had jurisdiction.

Tell her to at least get a consult with one in Maine ASAP.

the kid is 4. From the sounds of things Connecticut ALREADY had jurisdiction before the move to Maine.

 

[acmb05]

Correct me if I am wrong

Then she really needs an attorney, badly, because CT never should have made any orders regarding the child. Maine should have had jurisdiction.

Tell her to at least get a consult with one in Maine ASAP.

However I always thought that if one state already has orders regarding the child that no matter what that state has jurisdiction unless parent petitions to have it moved to another state.

Since he already had a visitation order from Connecticut the maine cannot just take over the jurisdiction even if mother has residency there.

 

[LdiJ]

However I always thought that if one state already has orders regarding the child that no matter what that state has jurisdiction unless parent petitions to have it moved to another state.

Since he already had a visitation order from Connecticut the maine cannot just take over the jurisdiction even if mother has residency there.

When they both moved to Maine that effectively ended CT's jurisdiction of the case. Therefore, if she had had an attorney representing her it would have been easy to get the jurisdiction moved to Maine. Since CT has made orders that might be more difficult now, but its still possible.

 

[haiku]

When they both moved to Maine that effectively ended CT's jurisdiction of the case. Therefore, if she had had an attorney representing her it would have been easy to get the jurisdiction moved to Maine.

But sh edidn't. So now he is enforcing the connecticut order.

 

[nextwife]

If the order was from CT, it was never moved from CT, and Dad is "still" residing in CT, wouldn't CT KEEP jurisdiction? Did he ever establish LEGAL residency anywhere other than CT?

 

[snostar]

When they both moved to Maine that effectively ended CT's jurisdiction of the case.

Where did you get that Dad lived in Maine?? Dad has been having visits in CT. Even if that was the case, CT jurisdiction wouldn't just end.