who has legal juristiction???

[SUNNYGURLNYC]

What is the name of your state? ny...

I have a friend...he has a 3 yr old little gurl whose mother is a menace to society...she lies she manipulates the works. She moved out here in may from reno, staying here and there with this little girl, he had her on the weekends and whenever it suited her but under duress and her terms. finaly a month ago she ran a story about how she was getting kicked out of her current place on sept 1st. so he filed papers against her and when she came to get her daughter she was served instead. He put the little girl in school did the right thing etc.. Next thing u know she hits him with papers saying that she was not a resident and NY has no juristiction over her. They goto court and he loses because she comes with a letter from her mothers company saying she took a leave of absence which was a lie. what can he do and what should be his next move??????

 

[LdiJ]

What is the name of your state? ny...

I have a friend...he has a 3 yr old little gurl whose mother is a menace to society...she lies she manipulates the works. She moved out here in may from reno, staying here and there with this little girl, he had her on the weekends and whenever it suited her but under duress and her terms. finaly a month ago she ran a story about how she was getting kicked out of her current place on sept 1st. so he filed papers against her and when she came to get her daughter she was served instead. He put the little girl in school did the right thing etc.. Next thing u know she hits him with papers saying that she was not a resident and NY has no juristiction over her. They goto court and he loses because she comes with a letter from her mothers company saying she took a leave of absence which was a lie. what can he do and what should be his next move??????

Well...its probably accurate that mom and the child weren't residents of NY. I believe it takes 6 months for them to qualify as residents. I suspect that the letter from her mother's company didn't have anything to do with it....it was the fact that she hadn't been in NY for 6 months....and hasn't even been in NY for six months now.

Your friend's next move is to file for visitation/custody in the state that DOES have jurisdiction of the case.

 

[BL]

Or wait the 6 month residency requirement , then File .

Be prepared to prove residency has been established .

One thing you could do is find out If the child is registered and enrolled in The State School Sys . Thereby proving residence .

 

[LdiJ]

Or wait the 6 month residency requirement , then File .

Be prepared to prove residency has been established .

One thing you could do is find out If the child is registered and enrolled in The State School Sys . Thereby proving residence .

True...but I suspect that mom is long gone from NY at this point. Unless mom is stupid she will have hightailed it back to NV.

 

[BL]

Yeah But I think She & mom is pulling a fast one .

Most likely mom has no money , unless her Mom is helping out now .

All's I got to say is the Mother's a Piece of cake .

The best interest of this child is not being served .

A consult with a Family Law Attorney would do Dad well , I think .

 

[SUNNYGURLNYC]

yeah mom is a piece of work...at 3yrs old the child has moved 6 times back and forth all around...can he appeal??? and how do u file in a state u do not live in...he tried to tell the courts that she cannot stay still long enough to become a resident anywhere but it was on deaf ears. the little gurl just had her first week in school but not public does it matter??? I thought as long as the child was attending school it automatically makes u the parent a resident

 

[BL]

at 3yrs old the child has moved 6 times back and forth all around...can he appeal???

Sure He can Appeal , It cost money and there is a Time frame .

Check it out with Appellate Division in NY State .

I would not know the outcome of the Appeal though , but good luck ...

 

[LdiJ]

yeah mom is a piece of work...at 3yrs old the child has moved 6 times back and forth all around...can he appeal??? and how do u file in a state u do not live in...he tried to tell the courts that she cannot stay still long enough to become a resident anywhere but it was on deaf ears. the little gurl just had her first week in school but not public does it matter??? I thought as long as the child was attending school it automatically makes u the parent a resident

Yes he can appeal, however if the mother and child are not legal residents of the state...they are not. An appeal isn't going to change that. No, a child attending school for a week does not make them a legal resident. Only residing in the state for a specific amount of time does that.

You file for something in a state you don't live in, the same way you file in a state that you DO live in. However, its wisest to have an attorney for an out of state case.

 

[BL]

I think this Appeal would be filed in NY , as the Father appears to have be granted some sort of Custody at one point BY a NY Court , enrolled the child in school , only to have a Judge reverse Custody again based on the mother's work Statement .

The issue for NY appellate Div. would be IF the Lower Court was correct in giving Custody Back to the Mother .

 

[LdiJ]

I think this Appeal would be filed in NY , as the Father appears to have be granted some sort of Custody at one point BY a NY Court , enrolled the child in school , only to have a Judge reverse Custody again based on the mother's work Statement .

The issue for NY appellate Div. would be IF the Lower Court was correct in giving Custody Back to the Mother .

I think she meant how could a case be filed in the state where mom and child ARE residents. I do realize that the appeal would be filed in NY.

If I understood this case correctly, Mom and the child moved to dad's state. Then mom decided to take the child and leave and dad filed a petition for emergency custody to stop that. The judge gave it to him, but then rescinded the order based on mom's jurisdictional challenge.

The court didn't return custody to mom so much as the court vacated its ruling giving custody to dad. (which was probably only a temporary ruling to start with) Therefore any appeal would be based on that. An appeal has to be based on a technical error for the most part.

Since mom and child have only been in NY for 4 months, as of NOW....I don't see an appealable error.

 

[stealth2]

the little gurl just had her first week in school but not public does it matter??? I thought as long as the child was attending school it automatically makes u the parent a resident

Even if it DID (it doesn't), preschool is not SCHOOL.

 

[BL]

I think the Best way to go about this now , is for the Father to file for Court Ordered Joint Custody Legal and Visitations .

Why He hasn't before this is only a Guess .

 

[snostar]

No one has thought to ask:

Where was the child born? Are there any current court orders? Has paternity been legally established?

The time period is 30 days for appeal in NY, but you must have grounds.

 

[BL]

Sno have another whatever They Court apparently awarded him Temp. Custody .

 

[snostar]

Sno have another whatever They Court apparently awarded him Temp. Custody .

Alright, the paternity question was pointless, but the court rescinded the order based on jurisdiction issues. So, who has legal custody??? Where is the child right now?

If the child was born in NY and Mom has been state hopping enough, the child's residence may never have been established elsewhere, therefore providing the poster with a possible argument for NY to retain jurisdiction. Longshot, maybe.

And, I'll have another if you'll deliver it personally...it's still beach weather.