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  1. #1
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    Jan 2020
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    Default Custodial Mother Left State of Ky and No Showed Custody Mediation

    My question involves a child custody case from the State of: Kentucky

    Ex-wife who has custody of our daughter 10, despite no custody agreement in divorce decree has left the state of KY after being a resident for 6 months.
    Once she moved back to Kentucky, i was allowed visitation not through courts with my daughter 10, and was getting her every weekend of the 6 months we bonded well.

    Ex wife is verbally abusive to my daughter, and more and more I'd notice that all wasn't really well. I felt i needed to make sure I had visitation through court and some form of joint/legal custody.

    I filed a motion for more parenting time and 50/50 custody because she just could not be trusted to stay as she had vanished for years before moving all over the country with my daughter

    So, we went to an initial custody hearing and the Judge ordered mediation for us to work this out, exactly what i had hoped for, as I wasnt necessarily trying to go for full custody I just needed to make sure I have a role in my daughters life.

    Well, i waited for the mediation date and her atty who she retained and also never paid finally called mine and said she has completely ghosted her and also not paid her, so she advised she is withdrawing from the case.

    After some time she called and advised that she moved back to Nebraska and that I had no case, and there is nothing i can do and to forget we exist. This is heartbreaking to say the least also to my daughters sibling's 2 brothers 1 sister who have enjoyed having her back in their life.

    My attorney has filed a motion to have the child returned to KY and the Judge signed off on it. However no my Attorney advised I need an address to serve her in Nebraska which seems like starting this whole process over again.


    I'm not sure how I can get the address, but will be trying and may try to find a PI who can help? Will a judge in NE honor the motion from the Judge in KY? I know my daughter is probably in danger sleeping on some stranger's couch or back in the abusive home they fled from and do not know what to do?


    If anyone has any advise please let me know.

  2. #2
    Join Date
    Oct 2016
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    3,847

    Default Re: Custodial Mother Left State of Ky and No Showed Custody Mediation

    I would, in consultation with your attorney hire PI NE. During that consultation, he can explain how the KY judge's order will be enforced in NE.

  3. #3
    Join Date
    Oct 2006
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    16,098

    Default Re: Custodial Mother Left State of Ky and No Showed Custody Mediation

    Quote Quoting EW4503
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    My question involves a child custody case from the State of: Kentucky

    Ex-wife who has custody of our daughter 10, despite no custody agreement in divorce decree has left the state of KY after being a resident for 6 months.
    Once she moved back to Kentucky, i was allowed visitation not through courts with my daughter 10, and was getting her every weekend of the 6 months we bonded well.

    Ex wife is verbally abusive to my daughter, and more and more I'd notice that all wasn't really well. I felt i needed to make sure I had visitation through court and some form of joint/legal custody.

    I filed a motion for more parenting time and 50/50 custody because she just could not be trusted to stay as she had vanished for years before moving all over the country with my daughter

    So, we went to an initial custody hearing and the Judge ordered mediation for us to work this out, exactly what i had hoped for, as I wasnt necessarily trying to go for full custody I just needed to make sure I have a role in my daughters life.

    Well, i waited for the mediation date and her atty who she retained and also never paid finally called mine and said she has completely ghosted her and also not paid her, so she advised she is withdrawing from the case.

    After some time she called and advised that she moved back to Nebraska and that I had no case, and there is nothing i can do and to forget we exist. This is heartbreaking to say the least also to my daughters sibling's 2 brothers 1 sister who have enjoyed having her back in their life.

    My attorney has filed a motion to have the child returned to KY and the Judge signed off on it. However no my Attorney advised I need an address to serve her in Nebraska which seems like starting this whole process over again.


    I'm not sure how I can get the address, but will be trying and may try to find a PI who can help? Will a judge in NE honor the motion from the Judge in KY? I know my daughter is probably in danger sleeping on some stranger's couch or back in the abusive home they fled from and do not know what to do?


    If anyone has any advise please let me know.
    If they lived in Nebraska prior to moving to KY and then moved back to Nebraska, its a little unpredictable how a Nebraska judge might rule. Certainly the KY judge cannot enforce any orders he makes without the cooperation/assistance of a judge in NE. If mom and the child did not live in NE before they moved to KY, then your chances are stronger. However, its probably not going to be a fast process.

  4. #4
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    Jan 2020
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    3

    Default Re: Custodial Mother Left State of Ky and No Showed Custody Mediation

    She had lived in Nebraska prior, but originally from KY. Probably in NE for 4-5 years before coming back fleeing from domestic violence in her 5th bad marriage which is going through divorce currently.

    And now that she is back she has posted on FB that she is engaged again marrying for a roof and someone to take care of her.

    She couldn't make it on her own even in KY though I helped her, she quit 2 jobs and walked out an 1 yr apt lease and a check into cash loan to flee custody mediation. She just doesn't care for the rules or laws.

    Could the child support division be of any help in this matter as far as getting a current address i wonder?

  5. #5
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    Jul 2010
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    Default Re: Custodial Mother Left State of Ky and No Showed Custody Mediation

    Did the child ever reside in Nebraska?

    How long has she been in Nebraska with the child?

  6. #6
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    Default Re: Custodial Mother Left State of Ky and No Showed Custody Mediation

    Quote Quoting EW4503
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    She had lived in Nebraska prior, but originally from KY. Probably in NE for 4-5 years before coming back fleeing from domestic violence in her 5th bad marriage which is going through divorce currently.

    And now that she is back she has posted on FB that she is engaged again marrying for a roof and someone to take care of her.

    She couldn't make it on her own even in KY though I helped her, she quit 2 jobs and walked out an 1 yr apt lease and a check into cash loan to flee custody mediation. She just doesn't care for the rules or laws.

    Could the child support division be of any help in this matter as far as getting a current address i wonder?
    Then there is a chance that the NE courts will consider NE as the state having jurisdiction. I hope not, but there is a chance. Just keep it in the back of your mind that you may need an NE attorney to make the argument that KY has jurisdiction.

  7. #7
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    Jan 2020
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    Default Re: Custodial Mother Left State of Ky and No Showed Custody Mediation

    Yes, the child resided in NE for 4-5 years. She moved to KY escaping a domestic violence situation with her current husband and had a EPO. They were at a shelter and came to KY so I could help her get a new start, helping with an APT, bills, clothes and babysitting. That didn't last long as she was fired from 2 jobs, and having the custody mediation hanging over head decided to abscond with my daughter back to nebraska after having been her 6 months. She is very unstable, cannot keep a job, and has been marrying to find men to support her. Hence 2 divorces since our divorce in 2010. Now she is engaged again supposedly according to her facebook. It's an absolute trainwreck of a situation.

  8. #8
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    Oct 2006
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    16,098

    Default Re: Custodial Mother Left State of Ky and No Showed Custody Mediation

    Quote Quoting EW4503
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    Yes, the child resided in NE for 4-5 years. She moved to KY escaping a domestic violence situation with her current husband and had a EPO. They were at a shelter and came to KY so I could help her get a new start, helping with an APT, bills, clothes and babysitting. That didn't last long as she was fired from 2 jobs, and having the custody mediation hanging over head decided to abscond with my daughter back to nebraska after having been her 6 months. She is very unstable, cannot keep a job, and has been marrying to find men to support her. Hence 2 divorces since our divorce in 2010. Now she is engaged again supposedly according to her facebook. It's an absolute trainwreck of a situation.
    When you say six months, was it a full six months or more? Was it shy of six months at all, even just a few days? Any attorney she gets is going to argue that the move to KY was planned to be temporary, and that she merely returned to their home state. Therefore any attorney she gets is going to argue that KY doesn't have jurisdiction.

    You might candidly talk to your attorney about just how difficult it might be or not be to actually get the child physically returned to KY. You stated in your original post that your main concern was to make sure that you had a role in your daughter's life. Once you are able to locate mom to serve her, there is the chance that you might get a better bang for your legal buck, to just take the case to NE and get enforceable parenting time orders.

    I am not saying that is what you should do, but its worth considering.

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