ExpertLaw.com Forums

Custody Order Granted in One State with Pending Custody Hearing in Another State

Printable View

Show 40 post(s) from this thread on one page
Page 1 of 3 1 2 3 Next LastLast
  • 11-03-2013, 11:56 AM
    aweir14150
    Custody Order Granted in One State with Pending Custody Hearing in Another State
    My question involves a child custody case from the State of: KY

    My friend moved from New York to Kentucky last year with his wife and their two children. About two months ago, she kicked him out of the house to live with me, and one day she withdrew the kids from school without his knowledge and fled the state to go back to New York while he was at work. He filed for divorce and temporary custody. Before the hearing took place in Kentucky, New York state had appointed a lawyer for the children and there is currently is an "investigation" hearing pending because she is alleging that he is abusive toward the kids.

    His lawyer told him not to worry about it, and that Kentucky has jurisdiction because that is the childrens' home state. The hearing took place in Kentucky last week and of course the children weren't present because she never showed up even though she was served. however, she filed a response with the court and didn't mention any abuse on the pro se response. Nonetheless, he was awarded temporary physical custody of the children until the final divorce hearing. The custody order says he can take any steps necessary to return the kids back to Kentucky. He is planning on going to New York and pull the kids out of school and bring them back.

    The question is if she is alleging abuse, and New York has appointed an attorney for the children, what will happen if he leaves the state with them? Will New York try to get emergency jurisdiction and order him to return the kids until the hearing is completed in New York, or will Kentucky have jurisdiction and the New York case transferred to Kentucky?
  • 11-03-2013, 12:17 PM
    llworking
    Re: Custody Order Granted in One State with Pending Custody Hearing in Another State
    Quote:

    Quoting aweir14150
    View Post
    My question involves a child custody case from the State of: KY

    My friend moved from New York to Kentucky last year with his wife and their two children. About two months ago, she kicked him out of the house to live with me, and one day she withdrew the kids from school without his knowledge and fled the state to go back to New York while he was at work. He filed for divorce and temporary custody. Before the hearing took place in Kentucky, New York state had appointed a lawyer for the children and there is currently is an "investigation" hearing pending because she is alleging that he is abusive toward the kids.

    His lawyer told him not to worry about it, and that Kentucky has jurisdiction because that is the childrens' home state. The hearing took place in Kentucky last week and of course the children weren't present because she never showed up even though she was served. however, she filed a response with the court and didn't mention any abuse on the pro se response. Nonetheless, he was awarded temporary physical custody of the children until the final divorce hearing. The custody order says he can take any steps necessary to return the kids back to Kentucky. He is planning on going to New York and pull the kids out of school and bring them back.

    The question is if she is alleging abuse, and New York has appointed an attorney for the children, what will happen if he leaves the state with them? Will New York try to get emergency jurisdiction and order him to return the kids until the hearing is completed in New York, or will Kentucky have jurisdiction and the New York case transferred to Kentucky?

    This could get sticky. Does he know if there are any temporary restraining orders made by NY? Its possible since an NY Law Guardian has been assigned to the children. He may not be able to pull them out of school, and NY may not honor his temporary KY custody orders.

    I would strongly recommend that he get the advice of a family law attorney in NY before actually going there. He may very well need the help of an attorney in NY to convince the NY courts to enforce his KY orders.

    I agree that KY should have jurisdiction, but without more knowledge of what is going on in NY, its hard to say whether or not NY would decide to take jurisdiction.
  • 11-03-2013, 12:38 PM
    aweir14150
    Re: Custody Order Granted in One State with Pending Custody Hearing in Another State
    As far as my friend knows, there are no restraining orders in NY. At the hearing in Kentucky, his mother and law (her mother) was at the hearing and testified AGAINST the mother and defended my friend as a fit parent. A few weeks ago, my friend took a trip up to New York to talk with the children's attorney in person, and the attorney insisted that he didn't know ANYTHING about an investigation and that he wouldn't know anything until the court case in New York. He left feeling really confused that the kids lawyer didn't know anything about it, but said that a hearing was scheduled for a later date which my friend never received any summons for. His thoughts is that she is making up allegations because she is afraid of losing custody and she has no vehicle and no way to get back to Kentucky for the divorce hearing. That week that he went to New york to meet with the children's attorney, she kept the children from him and refused visitation. She also kept the children out of school because she is afraid he will pull them out and leave the state. He talked to the childrens' principle and the principle said that she kept them both out of school for two days, which was an inexcusable absence. Her paranoia and desperation to keep her kids away is unbelievable, the lengths that she is going to.

    His lawyer is thinking that she is manipulating the children and is forcing them to lie for her. And that she left the state with the intention of isolating him from his kids life and will do whatever is necessary. If she had a valid accusation, she would have done it in Kentucky instead of running away and claiming abuse to avoid the divorce hearing.

    So this what hapened so far:

    She kicked him out and moved her new boyfriend in with his four kids into their three bedroom trailer without thinking of how the children would be affected.
    she had a high paying job, but worked second shift and wasn't able to see the kids during the week.
    She withdrew the kids from school and fled the state while he was at work, to live with her new boyfriend's mother.
    She is emotionally and physically alienating the children from their father
    She is keeping the children out of school for fear that he will take them.
    She made no claims of abuse while in Kentucky and only mentioned it after he filed for divorce
    The children's attorney has no knowledge of any investigation even though he sent a copy of the letter to him wanting an interview.
    She did not show up to the custody proceeding because she junked their vehicle (marital property) for rent money.
    Her own mother testified against her, calling her actions irrational and not in the best interest of the children.
    The judge granted him temporary custody
  • 11-03-2013, 01:43 PM
    Disagreeable
    Re: Custody Order Granted in One State with Pending Custody Hearing in Another State
    If he leaves the kids in NY, one thing is certain, they will obtain residency and NY will be the proper venue.
  • 11-03-2013, 02:57 PM
    llworking
    Re: Custody Order Granted in One State with Pending Custody Hearing in Another State
    Quote:

    Quoting Disagreeable
    View Post
    If he leaves the kids in NY, one thing is certain, they will obtain residency and NY will be the proper venue.

    I am not sure that I agree with that, he has established KY's jurisdiction, its just understanding what is going on in NY that might make NY not honor that. Time won't make any difference at this point because he acted in KY within plenty of time. I am confused by the fact that a Law Guardian has been appointed for the children but the LG doesn't know why. What has mom actually filed in court in NY that caused an LG to get appointed?

    aweir, everything that your friend is feeling emotionally regarding his children are also equally being felt by their mother. They both love their children they both want custody of their children. That is the normal, human condition.

    At this point its difficult for anyone to give any advice because you do not have enough information about what is going on in NY to give us a clear picture. You need to have your friend sign up with his own screen name because he is the one who has the necessary information.
  • 11-03-2013, 03:18 PM
    aweir14150
    Re: Custody Order Granted in One State with Pending Custody Hearing in Another State
    Quote:

    Quoting llworking
    View Post
    I am confused by the fact that a Law Guardian has been appointed for the children but the LG doesn't know why. What has mom actually filed in court in NY that caused an LG to get appointed?

    If the attorney for the children believes their are allegations made against the father, the attorney wouldn't disclose that to the father because of client-lawyer confidentiality agreements? But on the other hand, he IS the father so why wouldn't he be told of a custody hearing so he can defend himself and say what he knows about the mother? The children's attorney sent a letter to the father asking to interview both parents, and then when the father shows up at the lawyer's office with paperwork to show that the mother is unfit, the lawyer becomes belligerent. We are both as dumbfounded about this, because the mother also threatened to have the kids testify that I "slap them around", and that he verbally abuses them, so I feel I am just as much a part of this as he is since my name is being brought into it, and she is grasping at straws. His lawyer didn't seem too concerned about it although the children's lawyer is refusing to communicate with my friend's lawyer about anything.
  • 11-03-2013, 03:41 PM
    Dogmatique
    Re: Custody Order Granted in One State with Pending Custody Hearing in Another State
    You're not part of this. The best thing you can do, if only for your own sanity, is stay out of it.
  • 11-03-2013, 06:39 PM
    Mr. Knowitall
    Re: Custody Order Granted in One State with Pending Custody Hearing in Another State
    Quote:

    Quoting llworking
    View Post
    I am not sure that I agree with that, he has established KY's jurisdiction, its just understanding what is going on in NY that might make NY not honor that.

    It sounds like mom is trying to get emergency jurisdiction based on abuse allegations - some lawyers don't understand that emergency jurisdiction is temporary; others may hope that they can convince the foreign court to cede jurisdiction. Dad would definitely benefit from having legal representation in New York.
  • 11-10-2013, 12:59 AM
    aweir14150
    Re: Custody Order Granted in One State with Pending Custody Hearing in Another State
    There are more developments: the judge in KY awarded him temporary custody on Oct. 28. He went to NY and withdrew the children from school on Nov. 4. Thus, a few days later the court in NY sent him a Notice to Appear in court for a "custody/visitation" hearing on Nov. 22. titled Further Proceedings

    He sent a certified copy of the custody order to the attorney NY after he left, but gave a copy to the school and to the police dept, but they still sent a notice to appear. His ex is saying that the court in NY knows about the custody order and will be contacting the court in KY about it. He is wondering why the child's attorney didn't check with the court in KY after the kids were pulled from school before sending a Notice to Appear in the state that the children no longer reside in or have connections to.

    I'm just trying to understand this failure to communicate among states/courts. Do some attorneys just disregard the UCCJEA laws? It seems that once the lawyer in NY realized that the custody order was granted in KY, that they would immediately drop jurisdiction, rather than sending a summons for a another hearing in NY.

    The judge granted temporary custody on the basis that:
    KY is the home state
    The children have connections to KY
    His ex filed a response with the court of KY, subjecting her to the jurisdiction of KY
    The children's grandmother testified against the mother
  • 11-10-2013, 01:40 AM
    Dogmatique
    Re: Custody Order Granted in One State with Pending Custody Hearing in Another State
    They're going to fight with every little thing they can find - that's simply the nature of the beast.

    I'll give you a real-life example:

    Mom and Dad lived together, with their child, in Florida.
    Mom left one day, with the child, and moved to Wisconsin.
    Dad immediately filed to have the child returned (as was his right)
    After a year or two of going back and forth, with Dad trying to avail himself of the UCCJEA rules, Wisconsin ended up with jurisdiction even though Florida was technically the child's home state.

    What the law actually says, and what actually happens in real life (as a judge enjoys an awful lot of discretion), can be two different things entirely.

    (In my example, Wisconsin did nothing wrong or illegal by the way)

    BOTH had attorneys initially.
Show 40 post(s) from this thread on one page
Page 1 of 3 1 2 3 Next LastLast
All times are GMT -7. The time now is 05:20 PM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved