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BM taking us to court in a different state help!!!

Posted by on Nov. 4, 2014 at 5:28 PM
  • 32 Replies

Bm called my husband today and told him we have court. My husband just got custody here in florida where we live. The divorce was done here, the custody was done here and she was apart of it all. Well she lost the custody battle down here in florida ( she lives in california) and is apparently not happy about it. So we called the court in california and she has filed for emergency custody. We have of course not received any papers because she just filed but can she do that? Why would she be allowed to file if they know the case was done out here?Does anyone know what we can do or have any advice? The only case she has open out there was child support but from my understanding that has nothing to do with custody. It's been hard enough for the girls. They have told us they love their mom but they don't want to go back they just want her to visit. I am so scared of losing the girls. I know understand why step parents get so hurt and upset with bio parents sometimes, you just fall in love with your step kids only to be pushed away. We are very afraid she might try to have someone sign pretending they served my husband, honesty is not something she values.

by on Nov. 4, 2014 at 5:28 PM
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Replies (1-10):
sheramom4
by Silver Member on Nov. 4, 2014 at 5:32 PM

Where did the children live until you got custody? The state of residence is the issue. Florida may not have had jurisdiction to make a custody ruling if the kids have lived in California for anywhere from 30 day to 180 days (depending on the state) prior to the ruling. California would then have jurisdiction no matter where the divorce or original custody ruling was made. 

Also, if mom can prove that the Florida custody ruling was not int he best interests of the children, California can choose to take on an emergency ruling. 

faerie75
by Ruby Member on Nov. 4, 2014 at 5:32 PM

 i dont think she can. id consult an attorney but if a custody battle JUST ended in the children's state of residence then no i dont think she can do anything. is she planning on flying her happy ass over there and picking them up? let her know that she can attempt to enforce but you will not be bringing them or transporting them at all.

theshanster17
by Silver Member on Nov. 4, 2014 at 5:45 PM

If he just got custody, that means that BM was living in Florida, lost the girls and moved to CA and then filed? I don't know how CA works, but most states will maintain jurisdiction where the child(ren) live.

Your DH should consult with his lawyer.

disneymama09
by on Nov. 4, 2014 at 6:22 PM
They lived in California. Thing is that she consented to the change in custody cause she has no where to live and no job. She changed her mind tried to fight it and lost

Quoting sheramom4:

Where did the children live until you got custody? The state of residence is the issue. Florida may not have had jurisdiction to make a custody ruling if the kids have lived in California for anywhere from 30 day to 180 days (depending on the state) prior to the ruling. California would then have jurisdiction no matter where the divorce or original custody ruling was made. 

Also, if mom can prove that the Florida custody ruling was not int he best interests of the children, California can choose to take on an emergency ruling. 

pusheen-kitty
by Battler on Nov. 4, 2014 at 6:30 PM
she can file what she wants, but for the kids to go across state lines requires a federal injunction- im serious- the worst is CPS knocking on your door so be ready. the sheriffs can show up too. but they cant remove children from a custodial parent household without due cause . so stop wondering and get a lawyer, a family legal aid something. STAT.
sheramom4
by Silver Member on Nov. 4, 2014 at 6:30 PM


Quoting disneymama09: They lived in California. Thing is that she consented to the change in custody cause she has no where to live and no job. She changed her mind tried to fight it and lost
Quoting sheramom4:

Where did the children live until you got custody? The state of residence is the issue. Florida may not have had jurisdiction to make a custody ruling if the kids have lived in California for anywhere from 30 day to 180 days (depending on the state) prior to the ruling. California would then have jurisdiction no matter where the divorce or original custody ruling was made. 

Also, if mom can prove that the Florida custody ruling was not int he best interests of the children, California can choose to take on an emergency ruling. 

All of the custody changes should have taken place in California. I just did a quick Google search and the children were residents of California so given that, the Florida orders are null and void. The jurisdiction is based on where the children live or have lived, not where the divorce took place or the original orders were generated. 

I would be prepared for the a court date in California and a potential reversal of the current custody situation. or the need to fight. In fact the Florida judge violated parts of the both the Uniform Child Custody Act and the Adoption and Safe Families Act. 

pusheen-kitty
by Battler on Nov. 4, 2014 at 6:34 PM
also there has to be proof of service. check the mail, the daily paper, find the case number. no one can just "sign" someones name. that goes for NCP too. the only issue is if if DH got something and didnt respond.
jules2boys
by Platinum Member on Nov. 4, 2014 at 6:35 PM
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It's CA, anything is possible out here... :(  I'd take the advice given above and hire a lawyer out here in CA (I'm in CA) to be prepared. 

annabl1970
by Platinum Member on Nov. 4, 2014 at 7:51 PM
I would hire lawyer in CA or at least get consultation (I believe you can that via phone call)

BTW If you don't want to get bashed take out "us" from your post. Would be better if you put it as" BM is taking DH to court in different state"
Oh and anything pertain to your feelings about losing SKs -remove it also :)
There are some members, who have issues with that and your post will turn in bitchfeast.
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wise.toes
by on Nov. 4, 2014 at 8:23 PM
1 mom liked this

well you said the truth isn't her strong suit, perhaps she lied and managed to file something that shouldn't have even been filed?

i'd definitely speak to a lawyer though.

i highly doubt a judge would even look at the case after realizing it was just settled.

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