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  1. #11
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    Jan 2019
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    Default Re: Interstate Issues with Restraining Order and Custody

    My final question is, what actually happens when the two lawyers meet with the judge over this issue if it's not a hearing? Is it just to provide evidence? The reason my anxiety is so piqued is because my attorney hadn't yet seen the actual papers that were filed so she wasn't sure what my husband's lawyer was alleging. She wanted as much evidence as I could provide and even include further documentation showing the history of domestic violence.

  2. #12
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    Oct 2006
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    15,216

    Default Re: Interstate Issues with Restraining Order and Custody

    Quote Quoting EShear0715
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    My final question is, what actually happens when the two lawyers meet with the judge over this issue if it's not a hearing? Is it just to provide evidence? The reason my anxiety is so piqued is because my attorney hadn't yet seen the actual papers that were filed so she wasn't sure what my husband's lawyer was alleging. She wanted as much evidence as I could provide and even include further documentation showing the history of domestic violence.
    Then provide her what she asked for and chill. You have established residency and permanent custody in CA. You will be able to demonstrate that. NY no longer has jurisdiction over the children. Your attorney will prove that to the judge.

  3. #13
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    Jan 2019
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    Default Re: Interstate Issues with Restraining Order and Custody

    Quote Quoting llworking
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    Then provide her what she asked for and chill. You have established residency and permanent custody in CA. You will be able to demonstrate that. NY no longer has jurisdiction over the children. Your attorney will prove that to the judge.
    Thank you so much for your information. I finally saw the actual divorce complaint and my ex accused me of purposely waiting 6 months here then filing a restraining order without his knowledge. When in fact I got a 3 year restraining order after only being here 3 months. He didn't file for divorce until I had been out of the state for 8 months so I don't know how he got a judge to try to have me bring back the kids for the fact on my meeting residency here alone. The other thing I hope I wasn't misguided on was our custody order was finalized here in CA two weeks shy of me being here officially 6 months but my lawyer said the court would still see it as me meeting 6 months for residency. Is that true?

  4. #14
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    Oct 2006
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    Default Re: Interstate Issues with Restraining Order and Custody

    Quote Quoting EShear0715
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    Thank you so much for your information. I finally saw the actual divorce complaint and my ex accused me of purposely waiting 6 months here then filing a restraining order without his knowledge. When in fact I got a 3 year restraining order after only being here 3 months. He didn't file for divorce until I had been out of the state for 8 months so I don't know how he got a judge to try to have me bring back the kids for the fact on my meeting residency here alone. The other thing I hope I wasn't misguided on was our custody order was finalized here in CA two weeks shy of me being here officially 6 months but my lawyer said the court would still see it as me meeting 6 months for residency. Is that true?
    I doubt that its a problem if your attorney doesn't think its a problem. However, it would have nothing to do with the divorce case filed in NY.

  5. #15
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    Jan 2019
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    26

    Default Re: Interstate Issues with Restraining Order and Custody

    Why would the judge order the kids be returned if the divorce complaint mentioned I had been out of the state over 6 months and mentioned there was an order of protection filed for? Does the meeting residency here in CA not matter since it's a divorce and not family court matter? I was lead to believe in terms of the kids that now that we had been here 6 months the state picked up jurisdiction over them even if no restraining order was in place.

  6. #16
    Join Date
    Oct 2016
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    2,799

    Default Re: Interstate Issues with Restraining Order and Custody

    You may well have handed jurisdiction re: the kids back to NY by filing for divorce in NY.

    You have a lawyer talk to him/her about this.

  7. #17
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    Jan 2019
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    Default Re: Interstate Issues with Restraining Order and Custody

    I didn't file my spouse did, and we were married in NY so no matter what they would hold jurisdiction over the marriage.

  8. #18
    Join Date
    Sep 2017
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    467

    Default Re: Interstate Issues with Restraining Order and Custody

    Where you got married does not determine jurisdiction.

  9. #19
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    Oct 2006
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    Default Re: Interstate Issues with Restraining Order and Custody

    Quote Quoting EShear0715
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    Why would the judge order the kids be returned if the divorce complaint mentioned I had been out of the state over 6 months and mentioned there was an order of protection filed for? Does the meeting residency here in CA not matter since it's a divorce and not family court matter? I was lead to believe in terms of the kids that now that we had been here 6 months the state picked up jurisdiction over them even if no restraining order was in place.
    Ok, what I am going to tell you right now is get the heck off the internet and listen to your attorney and your attorney only. You are clearly stewing about things that you should NOT be stewing about. It's the same thing that my doctor told me when I was stewing about health issues that I should not have been stewing about.

    Just do yourself a favor and stay away from the internet until your divorce is finished.

    Quote Quoting PayrolGuy
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    You may well have handed jurisdiction re: the kids back to NY by filing for divorce in NY.

    You have a lawyer talk to him/her about this.
    No she did not hand jurisdiction back to NY. Custody of the children is already settled by the state that has jurisdiction. Only the divorce needs to be handled now.

  10. #20
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    Jan 2019
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    26

    Default Re: Interstate Issues with Restraining Order and Custody

    Quote Quoting llworking
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    Ok, what I am going to tell you right now is get the heck off the internet and listen to your attorney and your attorney only. You are clearly stewing about things that you should NOT be stewing about. It's the same thing that my doctor told me when I was stewing about health issues that I should not have been stewing about.

    Just do yourself a favor and stay away from the internet until your divorce is finished.



    No she did not hand jurisdiction back to NY. Custody of the children is already settled by the state that has jurisdiction. Only the divorce needs to be handled now.
    llworking you are right. It's totally my anxiety that has me convinced that my kids are not protected here. I know once my lawyer is able to review all the papers filed and go over all of the transcripts she will have a clearer picture of everything as its happened here. At the time I found out about the warrant she didn't have anything besides the restraining order and hadn't even seen what his attorney had put in the divorce complaint.

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