Changing Jurisdiction, Missing Child, Child Support
My question involves a child custody case from the States of: Missouri, Indiana, Washington.
I have court papers from Missouri. They labeled the file CEJ meaning they do not have jusrisdiction. Caregiver and child's last known location was Washington, and I am in Indiana. I cannot afford an attorney and free legal aid will not help with my case because it is too complicated. I have not seen my child for over 2 years although I have sent many certified letters and made phone calls. The phone number is no longer in service and the last certified letter sent was not signed.
My child is missing and the sheriff will not file a report stating I "should have done something sooner." Well I have been doing things, like calling, certified letters, trying to do contempt of court. However, I was just recently informed about a minor detail that would have been helpful 2 years ago that Missouri no longer has jurisdiction. How can I change jurisdiction when the child is missing, I cannot afford an attorney and legal aid will not help.
I have willingly offered to have the child flown out paying half the expenses. I just want to see my child again. I am worried for my child as the Caregiver and new spouse both have domestic violence charges against them (which is the only reason I know they live in Washington).
As for child support, I no longer make what I used to make. It is drastically less. This cannot be modified until a state has jurisdiction.
What can I do?
Re: Changing Jurisdiction, Missing Child, Child Support
What makes you say that Missouri no longer has jurisdiction?
Missouri will retain jurisdiction - given that there are court orders in place - until another State assumes jurisdiction. In fact, that's what CEJ actually means - Continuing Exclusive Jurisdiction.
Re: Changing Jurisdiction, Missing Child, Child Support
Did you file something with the court when your child was taken? Usually, if you have filed with the court within 6 months of your child being removed against your will, it protects your rights.
Re: Changing Jurisdiction, Missing Child, Child Support
Quote:
Quoting
SarahR
Did you file something with the court when your child was taken? Usually, if you have filed with the court within 6 months of your child being removed against your will, it protects your rights.
OP still has rights.
And since s/he hasn't seen the child in 2 years, that would indicate that nothing was filed at the time :)
I'm just confused as to why OP thinks no State has jurisdiction.
Re: Changing Jurisdiction, Missing Child, Child Support
I apologize for a typing error. The Missouri Court told me that they no longer have CEJ (Continuing Exclusive Jurisdiction). However, I have not been served any papers stating the other party has tried to change the jurisdiction to their state. From what I have gathered, Missouri should have CEJ unless 1)both parties have moved out of the original state where the court orders are from (which both we both have) or 2) both have consented to have one of the other states take over jurisdiction in written form. There are court orders in place from Missouri.
Child Support also said they cannot modify support because neither parties reside in Missouri anymore. I had some arrearages but not a lot. I want to know if they claim they cannot modify my support, how were they able to garnish my wage and raise it to pay the arrearages, but are not able to put it back at the original court-ordered amount? I am now being charged regular amount of support plus extra that would go toward the arrearages after they have already been paid in full. Who is getting this extra money since I am all caught up on my support? Why are they refusing to lower it back to the original amount? I have sent letters and called and they could care less. They asked for me to send in my CS order which I did, only to say they cannot modify it. Someone is lying. If they do not have jurisdiction to charge/change support, why am I still paying through them? The amount they want me to pay in CS + arrearages is equal to 68% of my pay.
I believe Missouri still has jurisdiction even though both of us have left the state. I did not file papers with the court except the copies of the certified letters sent to the other party regarding visitation to be set up. Papers were also filed regarding me being left out of the decision-making process for our child since that is part of the papers. Would a judge through out a contempt of court if I filed in Missouri since we both do not live there?
I want to change the jurisdiction over to my state since I do not know for sure which state my child and Caregiver are in. But this takes money. A lot of money because it is a "messy, complicated case."
I just want to see my child. Every day is another day being apart and does not support a healthy relationship nor is it in the best interest of the child.
Re: Changing Jurisdiction, Missing Child, Child Support
Quote:
Quoting
danal
...The Missouri Court told me that they no longer have CEJ (Continuing Exclusive Jurisdiction).
From what I have gathered, Missouri should have CEJ unless
1)both parties have moved out of the original state where the court orders are from (which both we both have) ...
You already answered your own question, as this is correct under UCCJEA. Since neither parent or the child lives in MO any longer, MO really does not have jurisdiction. Jurisdiction would normally go to the state the child is currently a resident of.
If you live in IN, and you believe the child is in WA but do not know where, it is unclear exactly what you think a MO court is going to do for you. A contempt order is worthless unless you can find the other parent, and the MO court is not going to find them for you.
So your first priority is to locate the child, and then file proceedings in the proper state. Without knowing where your child is, no court anywhere is going to do you much good. And as soon as you find them it should be a much less "messy and complicated case" you suggest.
And at that time you would need to file in the court in the area in which they live, and your filings should include a complaint against the other parent for custodial interference.