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Moving custody hearing

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  • cdsea10
    I have a friend who got divorced in New Mexico a number of years ago. The wife got custody of their son. He now lives in North Carolina in the military and
    Message 1 of 7 , Jul 3, 2005
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      I have a friend who got divorced in New Mexico a number of years ago.
      The wife got custody of their son. He now lives in North Carolina in
      the military and his family home is in tennessee.
      The wife lives on the colorado/wyoming border and has moved 13 times
      back and forth across the state line since the divorce [ the family
      suspects money problems]. the boy has liberal visitation with the dad
      and grandparents.
      The boy turns twelve in october and has expressed to the dad and
      grandparents that he wants to come live with them [both the dad and the
      grandparents, away from the mom].
      The problem is they have been trying to move the custody hearing from
      new mexico to either north carolina or tennessee. No one seems able to
      give them any info on this matter... they have talked to officials in
      N.M., Tenn., and N.C..
      Do you have any information to help them. Thanks you - charlie
    • jm367
      This boy is coming of an age. He should petition a judge where he is for a heaing. He should have written invitations and he should ask the court for
      Message 2 of 7 , Jul 4, 2005
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        This boy is coming of an age.  He should petition a judge where he is for a heaing.  He should have written invitations and he should ask the court for permission to visit and reside out of State.

      • cdsea10
        ... the ... -I m sorry i wasn t very clear. the divorce occured in new mexico many years ago. neither parent live in N.M. any longer. -he gets to visit his
        Message 3 of 7 , Jul 5, 2005
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          --- In tips_and_tricks@yahoogroups.com, jm367 <jm367@b...> wrote:
          > This boy is coming of an age. He should petition a judge where he is
          > for a heaing. He should have written invitations and he should ask
          the
          > court for permission to visit and reside out of State.
          >
          -I'm sorry i wasn't very clear. the divorce occured in new mexico many
          years ago. neither parent live in N.M. any longer.
          -he gets to visit his dad and grandparents often. he has for some time
          expressed that when he turns 12, he no longer wants to be in the
          custody of his mother but the father [more stable environment].
          -the father and grandparents have been trying to get the custody
          hearing moved to N.C. or Tenn [father in military in NC and
          grandparents in Tenn].
          -since neither the father, mother or soon to be 12 year old son live in
          new mexico any longer [and haven't for 6 years or more].
          -how do they get the custody trial moved to either NC or Tenn?
          thanks - charlie
        • jm367
          What s the point ? You want to slag the mother ? Some court awarded cutody. They usually retain jurisdiction. Better the boy just asks his mother. She can
          Message 4 of 7 , Jul 5, 2005
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            What's the point ?  You want to slag the mother ?  Some court awarded cutody.  They usually retain jurisdiction.  Better the boy just asks his mother.  She can put him in custody of his father just like she can put him in custody of a baby sitter.



          • cdsea10
            ... awarded ... asks his mother. She can put him in custody of his father just like she can put him in custody of a baby sitter.
            Message 5 of 7 , Jul 8, 2005
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              --- In tips_and_tricks@yahoogroups.com, jm367 <jm367@b...> wrote:
              > What's the point ? You want to slag the mother ? Some court
              awarded
              > cutody. They usually retain jurisdiction. Better the boy just
              asks his mother. She can put him in custody of his father just like
              she can put him in custody of a baby sitter.
              ****************************************
              don't mean to slag the mother. i'm a friend of the grandmother who
              gets visitation of the boy in Tenn as well as the father in N.C. she
              [and the dad] is concerned because of the anger he has inside. She
              feels the next few years are critical to his social and emotional
              well being.
              the mother will not grant custody because the child support is her
              only income... she won't work.
              5 years ago, the wife moved 50 miles from the father in new mexico
              violating the limit set by the court [the court did nothing when the
              father objected to the court] - she moved to the wyoming/colorado
              border and has changed address 13 time. the boy has never finished
              the school year in the same school he started the school year.
              The boy wants to have the custody changes to the dad when he turns
              12. So what I get from you is - the boy has to petition the new
              mexico court that granted the divorce.
              Would the boy's petition have to be done by a lawyer from new mexico?
              Would the petition have to be filed in the same court [city] that
              granted the divorce?
              Again, is there no chance to get the child custody moved to N.C. or
              Tenn or is that going to cost more than just petitioning N.M.?
              just trying to help my friend who wants to help her grandson have a
              life... charlie
            • jm367
              Just my idea but 1. the boy can file his own petition and ask for court appointed pro bono counsel 2. if the boy is going to deprive his mother of means by
              Message 6 of 7 , Jul 8, 2005
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                Just my idea but 1. the boy can file his own petition and ask for court appointed pro bono counsel
                2.  if the boy is going to deprive his mother of means by removing, that's a hell of a burden to put on him
                3. no other court has a process except the original court; because nobody is living in that court's jurisdiction anymore, it complicates
                4.  the boy could emergency petition a court in Tenn or NC when he is there visiting and ask for court appointed pro bono counsel; one court can ask another to relinquish jurisdiction.  It doesn't have to be fancy.   He should say he is not under the protection of any court because his custodial parent removed from the jurisdiction of the court that awarded his custody to her.  This fact gives the court a grounds to admit his petition.  Don't know if it's sufficient or not though.  Then he should say he wishes that custody of him should be awarded to his father who is willing and able and ask for court appointed pro bono counsel for assistance.
                5.  The problem is that the mother deserves and has a right to reasonable and fair notice and a meaningful opportunity to be heard and where she and the boy live is where she will get that
                6.  It would be simpler and probably better to offer the mother continued support in return for giving temporary custody to the father for a year at a time.  This should be done in writing though personally I would not involve a lawyer.  A simple witnessed contract would be sufficient for me if I were doing it myself,



              • cdsea10
                thank you - that will be helpful information. they were not able to get thatwhen they went to a lawyer. he would never be told that about the money situation.
                Message 7 of 7 , Jul 8, 2005
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                  thank you - that will be helpful information.
                  they were not able to get thatwhen they went to a lawyer.
                  he would never be told that about the money situation.
                  part of the reason he wants to change custody
                  is the negative environment and boyfriends that come and go.
                  he would never have that burden put on him unless the mother did it.
                  thank you again. charlie
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