My question involves a child custody case from the State of: Arizona and New Mexico
I'm trying to help my daughter as she represents herself in court :wallbang:
Background:
2009 - Divorce took place in New Mexico
Parenting Plan and Child Support established in New Mexico
2010 - Father awarded Sole Decision Making because mother moved temporarily to Mississippi (6 months) with the agreement that Joint Legal Decision Making would be reinstated at a later date.
2011 - Temporary Visitation Agreement signed. NOTE: Father's lawyer was mediator and daughter signed because she didn't realize that if she disagreed that he court would make decisions
2011 - Father moved to Arizona
Hearings and conferences were held and a Trial was set
Custody and Parenting Plan moved to Arizona Child Support remains in New Mexico
2012 - Case was dismissed without Prejudice
Father changed counties in AZ
2015 - Change of Venue Requested to allow for filing of Request for Modification of Joint Legal Decision Making and Parenting Plan
Informed that because the case was dismissed that court would take no action
Father has violated court orders multiple times however, daughter doesn't have funds to keep taking him back to court. We have stepped up and said we would help where we would in creating documents and paying filing fees.
What would be her next step in this situation since Change of Venue didn't work?
Do we need to go back to New Mexico and request the Change of Venue?
Do we need to just file the Request for Modification of Joint Legal Decision Making and Parenting Plan in the new county with a history of the cases?
When we do get the case to the new county we have already heard that he is going to lie about his residency in the county and try to get anything sent back to the old county. He feels the judges in the new county don't follow the law because we were granted grandparents visitation. His mother is moving to AZ from NM to keep her ex from collecting back child support she puts big ticket items in her kids names. The house (old county) she gets will be put in the Father's name. He has also told our daughter this is going to happen. We also have a telephone recording on one of the grandchildren telling us they will be going to school (at grandma's new house) then dad will pick them up and take them home for the evening.
Thanks for any advice you can provide!
I'm trying to help my daughter as she represents herself in court :wallbang:
Background:
2009 - Divorce took place in New Mexico
Parenting Plan and Child Support established in New Mexico
2010 - Father awarded Sole Decision Making because mother moved temporarily to Mississippi (6 months) with the agreement that Joint Legal Decision Making would be reinstated at a later date.
2011 - Temporary Visitation Agreement signed. NOTE: Father's lawyer was mediator and daughter signed because she didn't realize that if she disagreed that he court would make decisions
2011 - Father moved to Arizona
Hearings and conferences were held and a Trial was set
Custody and Parenting Plan moved to Arizona Child Support remains in New Mexico
2012 - Case was dismissed without Prejudice
Father changed counties in AZ
2015 - Change of Venue Requested to allow for filing of Request for Modification of Joint Legal Decision Making and Parenting Plan
Informed that because the case was dismissed that court would take no action
Father has violated court orders multiple times however, daughter doesn't have funds to keep taking him back to court. We have stepped up and said we would help where we would in creating documents and paying filing fees.
What would be her next step in this situation since Change of Venue didn't work?
Do we need to go back to New Mexico and request the Change of Venue?
Do we need to just file the Request for Modification of Joint Legal Decision Making and Parenting Plan in the new county with a history of the cases?
When we do get the case to the new county we have already heard that he is going to lie about his residency in the county and try to get anything sent back to the old county. He feels the judges in the new county don't follow the law because we were granted grandparents visitation. His mother is moving to AZ from NM to keep her ex from collecting back child support she puts big ticket items in her kids names. The house (old county) she gets will be put in the Father's name. He has also told our daughter this is going to happen. We also have a telephone recording on one of the grandchildren telling us they will be going to school (at grandma's new house) then dad will pick them up and take them home for the evening.
Thanks for any advice you can provide!
Custody and Visitation Issues: Request for Modification of Joint Legal Decision Making and Parenting Plan
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