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From cley@ionet.net Mon May 24 20:16 EDT 1999
To: hotshots@tca.net
CC: Kids-Right <kidsrigh@hammer.thebook.com>
Subject: possible help
hi david,
my name is constance bailey. i live in bartlesville ok. we had a
similiar case approx. 5 yrs ago in dealing with CA court system re: my
youngest stepdaughter. let me help you here, as we have learned from our
mistakes.
number one, if you can secure an attorney,in your jurisdiction, do
so.
if you can't,i understand and have been in that situation.
here is the law-
the uniform child custody and jurisdiction act is a federal law that
states that the proper jurisdiction for matters of child support and
custody is the jurisdiction in which the child resides.
the family support act of 1998 goes further to support this. all
states must adopt this or be denied federal funding.
DO NOT RESPOND IN PERSON TO THE COURT ORDER IN OK. instead, respond
by certified mail to the court in OK stating that this is not the proper
court under u.c.c.j.a. guidelines and also according to the family
support act. if you respond in person to the court, your ex's atty may
argue that your appearance constitutes submission to jurisdiction.
(this happened to us)
have your atty (if you are pro se, email me back and i'll send you
some paperwork you can use as a guideline) file an assumption for
jurisdiction in the district in which you reside. then send copies of
this filed motion to the court in OK.
second step, if you feel that your child's voice will not still be
adequately heard in your local court, you can request that a CASA worker
be assigned to your child through a judge in your local district. you
can probably access CASA website directly for more information on the
process. CASA workers are volunteers who work to make sure the child's
voice is heard. CASA stands for "court appointed special advocate"
this should get the ball moving in your court.
also, when it comes to court in TX, file a request for child
support. the amount doesn't matter, but under family support act, this
ensures that legal proceedings will remain in your local jurisdiction as
long as your daughter resides in that jurisdiction. we made the mistake
of not requesting support(we were trying to let my husband's ex get on
her feet)during the 3 yrs the child lived with us-this mistake kept CA
pulling us into CA court.
good luck and email me back if you need assistance
cya,
-constance b.