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Filing for visitation

sarasugar's picture
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BM has supervised visitation for 6 months and after that it is her responsibility to file for visitation on her own. SS, boyfriend, and I live 3 hours away from her so wouldn't she have to file a motion for visitation in our county since we have full cutody? Also, do you need a lawyer to file for visitation? BM is broke.

EveryStepITake's picture

A lawyer isn't necessary for someone willing to do research on court procedures.

As for jurisdiction, is there a court order issued in the previous county? If so that county should still hold jurisdiction unless both parties move out of the county. (UCCJEA)

sarasugar's picture

The court order is ONLY for 6 months, it specifically says that after the 6 months it is her responsibility to set up visitation.

overworkedmom's picture

The motion has to be filed where ever the child is living, so in your case it will be in your county. No, you don't need a lawyer for visitation. IF she was going for custody that is a different story and she would be stupid not to get one since she lost custody already but you will have a heads up if it comes to that.

knucklehead's picture

Whichever court ordered the current visitation currently holds jurisdiction over the matter. So, if you lived in County A and that's where all this started, County A maintains jurisdiction unless and until someone petitions to move jurisdication and permission is granted.
The "the kid lives here, ergo jurisdiction is here" option only exists if no court has heard and ordered on the matter.

Kilgore SMom's picture

The county we live in is not the one that set up the orginal court paper. But that is the county we have to go to when we go to court. BM doesn't live in the county either.
And that is where she has to go to also. We have not tried to change anything because of all the history of abuse is already registered by the court and CPS in that couty. So it works in our favor.

It is my understanding that by the paper work saying 6 months SV, that the court plans on reviewing the case in 6 months. Most court order are on a temporary bases till the final hearing. In our case that was a year. It sounds like there may be another hearing in 6 months.

BM doesn't have to have a lawyer to petition the court for visitation. But she has to know the rules and have the proper paper work.

If for any reason Bm doesn't file to go back to court, I would stick to the SV. Until she does or atleast have a consulation with a attorney before letting BM see the kids unsupervisied. It almost sounds like BM wouldn't have visit of any kind after six months, unless she takes matters into her own hands.

Our Bm could have petition the courts to and never did. BM has a thousand reason why the is DH and her mothers fault. Blame, Blame is the name of her game.

instantfamily's picture

Quickly, move the case to your county. It's not hard if you've established your family there and the BM moved out of the original county where the original custody thing was ordered. Definitely move the case to your locality so she can't screw with you. Also, you can do this yourself and it's fairly easy to do. Go onlne and find out which paperwork you need. You'll need to have her served and get certified copies of the divorce and custody paperwork so you can present that to the court but it's much cheaper than a lawyer.

sarasugar's picture

It definitely sounds like BM doesn't get a visit at all after 6 months unless she does something about it. CPS is officially done with our case, and another court date was never even mentioned. At the end of this 6 months I think we are both changing our phone numbers and she has our address so if she wants to see him you are right she can look up what she needs to do and do it all through court. I honestly doubt she will though.