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  1. #1
    Join Date
    Jul 2013
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    8

    Default Ex Trying to Go Around Custody Order Out of State

    My question involves a child custody case from the State of: Alabama I have primary custody of my teenage daughter. She went to visit her mother this summer per the < parenting time > agreement but now she refuses to send her home and has filed a restraining order against me to keep from having to send her home. I have filed an emergency pick up order but it will not be heard until the first of next month. The judge in my ex's state did not grant a temporary order but he just continued the matter until the 25th. My state has jurisdiction over the custody and all parties involved. My daughter seems to be going along with her mother in this matter. Is there anyone out there that has gone through this and what advice can I get. I'm getting conflicting stories about what to do and the outcome. I have spoken with several attorneys in the state where my ex lives and most are saying fight it there but some say there is no reason due to the lack of jurisdiction. The area she is trying to do this is Yucca Valley, CA and I am on the east coast. Any advice, recommendations and help would be greatly appreciated. I know I'm not the first person to go through this but I can not find anyone to give me a straight answer.

  2. #2
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Ex Trying to Go Around Custody Order Out of State

    Quote Quoting porter1022
    View Post
    My question involves a child custody case from the State of: Alabama I have primary custody of my teenage daughter. She went to visit her mother this summer per the < parenting time > agreement but now she refuses to send her home and has filed a restraining order against me to keep from having to send her home. I have filed an emergency pick up order but it will not be heard until the first of next month. The judge in my ex's state did not grant a temporary order but he just continued the matter until the 25th. My state has jurisdiction over the custody and all parties involved. My daughter seems to be going along with her mother in this matter. Is there anyone out there that has gone through this and what advice can I get. I'm getting conflicting stories about what to do and the outcome. I have spoken with several attorneys in the state where my ex lives and most are saying fight it there but some say there is no reason due to the lack of jurisdiction. The area she is trying to do this is Yucca Valley, CA and I am on the east coast. Any advice, recommendations and help would be greatly appreciated. I know I'm not the first person to go through this but I can not find anyone to give me a straight answer.
    What was the basis for the restraining order, even if it was a lie? That makes it murkier than the standard not filing in the correct jurisdiction.

    Normally I would advise you to hire an attorney in CA to get the case dismissed based on lack of subject matter jurisdiction, but the fact that she filed a restraining order rather than a custody filing makes it murkier...and makes it so that you cannot ignore the CA case. Why isn't your state treating it as an emergency? Do you have an attorney representing you in your state?

  3. #3
    Join Date
    Jul 2013
    Posts
    8

    Default Re: Ex Trying to Go Around Custody Order Out of State

    I disciplined my daughter for sneaking out of the house and the local police brought her back home at 3am. She is not supposed to come back home until July 31 per our order in place but my ex and I switched months because of up coming church and band camps this month. Basically my judge does not consider it an emergency because by the written order she is supposed to be with her mother this month and will listen to it on August 1 if she is not home. My ex is not going to put her on a flight home at that time. I do have an attorney in my state. He said I should file a motion to dismiss due to lack of jurisdiction. Other attorneys in Ca say I can't file to dismiss because there is nothing to dismiss in CA because there has been no ruling. I have not be officially served but I don't want to ignore this on that aspect and I want to try to resolve this before August 1 because my ex will say there is a pending restraining order if it just gets continued on the 25th over not being served. I'm just hoping someone else has gone through this and can give me their advice from their experience. Thanks

  4. #4
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Ex Trying to Go Around Custody Order Out of State

    Quote Quoting porter1022
    View Post
    I disciplined my daughter for sneaking out of the house and the local police brought her back home at 3am. She is not supposed to come back home until July 31 per our order in place but my ex and I switched months because of up coming church and band camps this month. Basically my judge does not consider it an emergency because by the written order she is supposed to be with her mother this month and will listen to it on August 1 if she is not home. My ex is not going to put her on a flight home at that time. I do have an attorney in my state. He said I should file a motion to dismiss due to lack of jurisdiction. Other attorneys in Ca say I can't file to dismiss because there is nothing to dismiss in CA because there has been no ruling. I have not be officially served but I don't want to ignore this on that aspect and I want to try to resolve this before August 1 because my ex will say there is a pending restraining order if it just gets continued on the 25th over not being served. I'm just hoping someone else has gone through this and can give me their advice from their experience. Thanks
    What form of discipline did you use on your daughter?

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