Visitation--Out of state request (Alabama)

Previous | Next
 rated by 0 users
Latest post 04-11-2012 3:13 PM by kath21. 23 replies.
  • 04-11-2012 12:16 PM

    Visitation--Out of state request (Alabama)

    Hello,

     

    I reside in the state of California and my son has been relocated to Alabama.  How do I file for visitation rights from California.  I have an active child support order originated from California.  But have not been able to navigate via telephone or internet through the Jefferson County family court to file for visitation.

    I have called the court clerks, child support services, legal aid in Alabama and haven't gotten very much direction.  I do have the form being mailed by the court clerk but she indicated I would need to be present at the trial which will not be easy to accomplish due to financial reasons...Any suggestions?

     

  • 04-11-2012 12:21 PM In reply to

    Re: Visitation--Out of state request (Alabama)

    If you have an order in CA, jurisdiction usually stays there as long as one parent still resides there.  I would petition the court in CA: easier for you and CA offers help in it's county courthouse for family law.

  • 04-11-2012 12:27 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 48,837

    Re: Visitation--Out of state request (Alabama)

    Something is missing in your post  and/or you lost critical leverage not to lock in visitation rights and possibly recovery of your visitation ccosts from the move away parent  PRIOR to said parent being allowed to move away.

    Now if parent just upped and moved away w/o notice you might have some recourse to have child returned to CA.



  • 04-11-2012 12:31 PM In reply to

    Re: Visitation--Out of state request (Alabama)

    Yes, you are correct.  We made an agreement regarding visitation and now it is not being honored.  I have a notorized letter spelling out the details.

  • 04-11-2012 12:32 PM In reply to

    Re: Visitation--Out of state request (Alabama)

    I have been to the california courts at the law services help desk and they have all referred for me to file in Alabama :-(

     

  • 04-11-2012 12:39 PM In reply to

    Re: Visitation--Out of state request (Alabama)

    The clerks are not lawyers, unfortunately.  Tell them CA still has jurisdiction; it is not up to them to tell you otherwise...but sometimes it's easier to retain a lawyer.

    I wouldn't give up on CA having jurisdiction;  I'd play it before mom changes it to AL, where you will have trouble doing anything legal until the kids grows up.  It is in your interest to keep it here.

  • 04-11-2012 12:48 PM In reply to

    Re: Visitation--Out of state request (Alabama)

    Sounds good thank you!

  • 04-11-2012 12:57 PM In reply to

    Re: Visitation--Out of state request (Alabama)

    Is there is an order of out CA then they have juridiction. i know hindsight is 20/20 but you did not have to let the child move. Also i would make sure that mom is responsible for travel costs, you can ask for them in your motion as well. The other parent moved, they should be responsible 100% for travel costs.

  • 04-11-2012 1:07 PM In reply to

    Re: Visitation--Out of state request (Alabama)

    If there is no custody order out of California- and the mother and child have lived in Alabama for 6 months or more- jurisdiction would be in Alabama.

  • 04-11-2012 1:08 PM In reply to

    Re: Visitation--Out of state request (Alabama)

    A notorized letter is not an order.

  • 04-11-2012 1:09 PM In reply to

    Re: Visitation--Out of state request (Alabama)

    He does have an active child support order out of CA.

  • 04-11-2012 1:12 PM In reply to

    Re: Visitation--Out of state request (Alabama)

    Generally, wouldn't matter as to jurisdiction for custody.

  • 04-11-2012 1:22 PM In reply to

    Re: Visitation--Out of state request (Alabama)

    I'm assuming custody was also established when child support was.

    To the OP - was there any court action when mom moved?  Did she ask the court for permission to move?  Or did she move with your okay and no other legal actions have taken place since the original custody/CS orders?

  • 04-11-2012 1:33 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 48,837

    Re: Visitation--Out of state request (Alabama)

    Notarized letter is NOT an enforceable order .

    Do you have an order as to visitation/custody?

    Did Mom get CA court permission to leave?

     



  • 04-11-2012 1:39 PM In reply to

    Re: Visitation--Out of state request (Alabama)

    She did not get permission and we did not establish custody or visitation.  Like you all said hindsight is 20/20.  We have been amicable and I did not forsee any issues, but here they are **sigh**

     

    I thought I was doing my due dilligence with having a notorized letter now I am suffering the consequences.  At this point I just want to see my son  on a regular bases.  So this is the delima...how to file in Alabama from out here :-(

     

Page 1 of 2 (24 items) 1 2 Next > | RSS

My Community

Community Membership New Users: Search Community