need help

[LdiJ]

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?

He lived in Maine for a year. That established legal residency in Maine.

I have seen a few cases, one even here, where a parent was able to move back to the originating state and get a judge to retain jurisdiction there....but most of the time that hasn't seemed to fly.

 

[snostar]

He lived in Maine for a year.

Is this coming from another post or are my eyes failing me?

 

[katinmaine]

There was no order for custody or visitation until recently, the father did not file for visitation or custody until the mother and son were already living in maine.

 

[acmb05]

ok

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

How did this visitation come about? Was it set up by the GAL or what?

The court action was started in Connecticut and a GAL was appointed so Connecticut has jurisdiction.

The thing that may halp you is father conviction for heroin possesion.

 

[acmb05]

how long

There was no order for custody or visitation until recently, the father did not file for visitation or custody until the mother and son were already living in maine.

were they living in Maine before he started all this or was the GAL appointed while the mother was still in Connecticut?

 

[haiku]

this post is REALLY confusing. It really does not seem like we can be sure what connecticut had first, but it looks like it was something.

having been in a situation in these New england states and most others for that matter-(mom moves ALOT) The CT court is not going to care he lived in Maine for a year. Now he is back and he wants to enforce thier order, the ONLY order, up till now.

likely, due to the circumstances as stated, there is strong possibility CT. will let her stay in Maine, but they may or may not let Maine take on the case.

plain and simple, if you are good friend, you will drive her to connecticut, and someone needs to get her some sort of legal representation.

 

[acmb05]

He never lived in Maine

She said that the mother lived in Maine for a little over a year before all this started.

 

[Zephyr]

She said that the mother lived in Maine for a little over a year before all this started.

no she said that dad helped mom move to maine and then lived there for almost a year before moving back to conn.


on another note- as was said before, as a friend if there is any way at all you can get her to this court date, please try, drive her, get her a bus ticket whatever


and also your friend really needs to start thinking about straightening her life out and getting on top of stuff, she needs to learn how to be useful to herself.

 

[Whyte Noise]

Yes, dad lived in Maine for a time

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

 

[Susan MacLove]

I was told that if the parents aren't married, the county of the parent who files first has jurisdiction...I am not sure how that applies to states, but again to KatinMaine my reply is (not her first thread):

get the evidence you can document re his incarcerations, conviction, etc..get certified(!) copies. If these are in CT get them before you go to the hearing. If you have a timeframe to file an answer, do that too!

 

[Susan MacLove]

here is her original post:
another custody question

--------------------------------------------------------------------------------

What is the name of your state? Maine

I have 2 Children from a Previous relationship. Ex and I was never married but lived together for 6 years before we split. Ex has very little to do with his children. He comes twice a year to see them. On their birthdays in July and at christmas. we have no court ordered custody agreement, but he is court ordered to pay childsupprt. I have had no worries until recently, he decided to call outta the blue and asked to visit the kids for the day, I agreed and let them got on the condition that they stay at his parents for the visit and not to go to his house because he lives with his brother that just got out of jail last year for molestation. But it is now worrying me..Why all of a sudden is he taking an interests.. I wouldnt put it past him to have something up his sleeve, I feel that I shouldnt let them go back until something for custody has been established, as it stands they are not to go to his brothers house and he cannot have them over night, My ex has a drug problem and he is not very responcible as far as, not making the kids buckle, losing daughters boot at pizza hut and not relizing it until i went to pick them up, (they had gone other places without boot in december and freezing cold how can you not notice child with only 1 boot on DUHHH). I just dont feel that he can supervice the children well, our oldest son who is 9 has to watch his sister who is 5 when he is there, hes not made to do it but feels he has too, Overnight visits ended two years ago when i showed up at his now Ex girlfriends to find that he had left them with a sitter, The sitter thing didnt bother me, what bothered me was he picked them up at 5pm and was bringing them home the next morning by 8 am, my daughter who was 3 at the time was running around buck naked, with his exes teenage boys and was not being supervised, i ended up taking her to the doctors to see if anyone had messed with her because when i walked in she was trying to put a pen in her muffin, I took my children home with me, and he never called or anything for 6 months after that. And for the last 2 years he has come to see them july and december. I let them go this time but i worried the whole time and ended up picking them up early. I atleast know that if they are at his mothers they are being watched, but if i had known he was going to be driving with them, they would have never went. I am a very protective mother, maybe i am over protective, my kids dont go to sitters, if my kids cant go somewhere then i dont go. My husband understands this, and yes its hard sometimes but that is how i am. I dont do drugs I dont drink, my kids are my life If i was to loose them i would die, i dont know what i need to do, so he cant just show up someday and take them and not bring them back, he wouldnt do that on his own but if someone put it in his mind he would, one of his friends have even said to me hes thought about taking them so he wouldnt have to pay child support. What should I do

 

[haiku]

here is her original post:
another custody question

--------------------------------------------------------------------------------

What is the name of your state? Maine

I have 2 Children from a Previous relationship. Ex and I was never married but lived together for 6 years before we split. Ex has very little to do with his children. He comes twice a year to see them. On their birthdays in July and at christmas. we have no court ordered custody agreement, but he is court ordered to pay childsupprt. I have had no worries until recently, he decided to call outta the blue and asked to visit the kids for the day, I agreed and let them got on the condition that they stay at his parents for the visit and not to go to his house because he lives with his brother that just got out of jail last year for molestation. But it is now worrying me..Why all of a sudden is he taking an interests.. I wouldnt put it past him to have something up his sleeve, I feel that I shouldnt let them go back until something for custody has been established, as it stands they are not to go to his brothers house and he cannot have them over night, My ex has a drug problem and he is not very responcible as far as, not making the kids buckle, losing daughters boot at pizza hut and not relizing it until i went to pick them up, (they had gone other places without boot in december and freezing cold how can you not notice child with only 1 boot on DUHHH). I just dont feel that he can supervice the children well, our oldest son who is 9 has to watch his sister who is 5 when he is there, hes not made to do it but feels he has too, Overnight visits ended two years ago when i showed up at his now Ex girlfriends to find that he had left them with a sitter, The sitter thing didnt bother me, what bothered me was he picked them up at 5pm and was bringing them home the next morning by 8 am, my daughter who was 3 at the time was running around buck naked, with his exes teenage boys and was not being supervised, i ended up taking her to the doctors to see if anyone had messed with her because when i walked in she was trying to put a pen in her muffin, I took my children home with me, and he never called or anything for 6 months after that. And for the last 2 years he has come to see them july and december. I let them go this time but i worried the whole time and ended up picking them up early. I atleast know that if they are at his mothers they are being watched, but if i had known he was going to be driving with them, they would have never went. I am a very protective mother, maybe i am over protective, my kids dont go to sitters, if my kids cant go somewhere then i dont go. My husband understands this, and yes its hard sometimes but that is how i am. I dont do drugs I dont drink, my kids are my life If i was to loose them i would die, i dont know what i need to do, so he cant just show up someday and take them and not bring them back, he wouldnt do that on his own but if someone put it in his mind he would, one of his friends have even said to me hes thought about taking them so he wouldnt have to pay child support. What should I do

THIS thread is not THAT thread......

 

[katinmaine]

ok let me try to clearify a few things

1st. This post has nothing to do with my first post on my own kids..this is about a friend.

2nd. The Mother and Child have been living in maine for more then a year, The childs father has never lived in maine and has never had custody.

3rd. The father did not file for visitation or custody until recently, Mother and child are still living in maine and has not moved back to conneticuit.

4th. GAL was appointed to child in conneticuit recently, GAL has not met child or mother and has not been to mothers house in maine. GAL is going on fathers words and fathers home in Conneticuit.

Conneticuit is where the father filed after mother and child had alreadybeen living in maine for more then a year

 

[haiku]

ok let me try to clearify a few things

1st.
2nd. The Mother and Child have been living in maine for more then a year, The childs father has never lived in maine and has never had custody.

***You mentioned in one of your prior posts, that paternity was estasblished. Was support ever established? Any other orders, before the mother went to Maine? If there were thats where moms issues come in. In connecticut, once paternity is established, both parents have equal assumption of custody. *****

3rd. The father did not file for visitation or custody until recently, Mother and child are still living in maine and has not moved back to conneticuit.

****again because of your prior posts without knowing what CT. had on file already pre-move, they may or may not have jurisdiction.****

4th. GAL was appointed to child in conneticuit recently, GAL has not met child or mother and has not been to mothers house in maine. GAL is going on fathers words and fathers home in Conneticuit.

***Thats standard, and in the kids best interest.****

Conneticuit is where the father filed after mother and child had alreadybeen living in maine for more then a year

Your posts are very confusing because in one post you DO say he lived with her in maine fora year and now you say he did not. in some posts it seems there were prior orders and now you say there were not...etc...

Your friend cannot ignore this, she needs to go to connecticut.
We have no crystal ball here and the facts as presented are sketchy. She really has no other option.

 

[Zephyr]

Your posts are very confusing because in one post you DO say he lived with her in maine fora year and now you say he did not. in some posts it seems there were prior orders and now you say there were not...etc...

Your friend cannot ignore this, she needs to go to connecticut.
We have no crystal ball here and the facts as presented are sketchy. She really has no other option.

well...rmet does