Motion to Dismiss for lack of Jurisdiction

[tania7120]

To start off a bit of back ground:

Ex lives in CA
I lived in CO

Court found ex to have a major drinking issues therefore I have sole physical/legal custody of our daughter-age 3 in March of 2010, and we broke up in January 2009.

Dad has not seen daughter since she was 2 months old in fact he has supervised visitation in the state of Colorado.

He is 8,000+ behind on child support.

I went to court in November 2011 to relocate to SC, he was not present. The relocation was granted as per a warrant in Colorado supposedly stopped him from seeing her I figured I would have a better chance else where to allow visitation besides family living here.

He has still not seen the child or payed any support (both are separate I know). We have recently begun to use skype for calls between child and father.

Now, I find that he has filed in Colorado for a Motion to dismiss for lack of jurisdiction. I have not received a court date as of yet. What exactly does this mean? Since he is in arrears does this affect child support? Does this also affect custody and or visitation? My lawyer says this is serious, but I need some answers to maybe keep myself from stressing out here. Our daughter is a little girl with autism disorders and seizures as well.

• Both parties live out of state

Some basics on this would be great! Thank you all for your time!

PS: Would going to court here in SC to adopt the court orders help? Since I had permission to move here?

 

[army judge]

He resides in CA.

You took the issue to a CO court, when you lived there.

It appears the CO court granted you leave to relocate to SC.

You took the child with you to SC.

He wised up and lawyered up.

It appears he's challenging the CO court's jurisdiction over him as a CA resident.

He'll lose, if that's his strategy.



The CO court had jurisdiction over the child, not either of you, pursuant to federal statutes of child custody and support.

In the meantime, relax.

Consult your lawyer and ask him/her all the questions you need to so you understand this issue. He/she knows much more than any of us about your case!

 

[Proserpina]

Mom, there is quite literally nothing you can do this weekend. But, yes, you have some problems here.

I'm not sure what kind of warrant would prevent visitation and further, you're now talking about allowing visitation - you can't have it both ways. Either he does not or should not have visitation, or he's able and should.

You NEED to talk to your attorney, first thing Tuesday.