Asked 1/24/2012
|
How do I file to move case from old county to new county in NY THis case has been going on for a year in family court in nassau county....I have moved to suffolk county...I have been told that his family knows people in the courts thats why noone will do anything to help me .....He is a sad momma's boy who wont pay any child support....he works but has everybody paying all his bills.... He just needs to move on and be responsible for his actions his still drinks and hangs out all night....This started with domestic violience and control on his part....child has seen alot....heard alot from his mother who is just as bad.....she made threats to he own grandchild.. Sorry Its just so much. My court appointed lawyer is no help child law guardian is just not listening at all. My lawyer never explains or gives advice isnt that his job To look out for my best interest ? I need to move case and request new lawyers ? HELP ! I just want what legal papers I would have to file. |
Answer 1/3 - Submitted 1/24/2012
For an initial custody determination and child support order, jurisdiction lies in the residence of the child prior to the filing of a case and remains in that jurisdiction until THAT court determines that there is no longer ANY connection to that jurisdiction by any of the parties.
As for my previous confusion over what you wrote:
One of the reasons for rules of grammar is to be able to clearly understand what another might mean who also speaks English, or pretends to.
What you wrote:
"...child has seen alot....heard alot from his mother who is just as bad.....she made threats to he own grandchild.."
Now, at first reading, what you wrote is that the child's mother is just as bad as the father, as that is what you, in fact, wrote, when what I NOW believe that what you meant is that the child's grandmother is just as bad as is the child's father.
But, under basic rules of grammar, that is NOT what you wrote, because "his mother" clearly refers back to the child who has seen alot.
Answer 2/3 - Submitted 1/24/2012
Go to Nassau county legal services office and get a referral from them to be given to you to take to Suffolk County Legal Services. Call Suffolk county in advance, making an appointment so they can transfer your case from the old county, to the one you currently live in (this is the reason for the appointment). Bring your referral to your appointment. Than tell them to transfer your case. Make sure your drivers license has the Suffolk County address on it, so they can not refuse. Your reason is simple: you want your case transferred, because you live in Suffolk County & have primary custody, giving Suffolk County jurisdiction. Transfer custody & child support. The transfer also eliminates the problem of your current attorney. You'll do just fine.
Answer 3/3 - Submitted 1/24/2012
Now, getting back to our latest "counselor" addition to WebAnswers, burrns:
Under N.Y. F.C.T. ยง 174, a motion would have to be made in the Nassau Family Court requesting a transfer of the case to Suffolk County, such a transfer being wholly at the discretion of the Nassau County Family Court judge, for good cause shown. By law, good cause for a transfer consists of one of two possibilities:
A. ALL parties no longer live within the jurisdiction of the original family court in which a case was filed.
OR
B. The case had been filed in the wrong jurisdiction to begin with.
General Form 27 (Transfer of Proceedings) can be found here:
http://www.nycourts.gov/forms/familycourt/pdfs/gf- 27.pdf
Neither the Legal Aid Society of Nassau County nor the Legal Aid Society of Suffolk County can transfer your case at the snap of their collective fingers. A hearing would have to be held in Nassau County Family Court, for which the child's father would have to be properly summonsed to appear. Then, and only then, MIGHT the court order the case to be transferred, which is unlikely if the father still resides within the jurisdiction of Nassau County Family Court.
It should be further noted that the child's guardian ad litem represents the best interest of the child and not that of either parent.
I trust this clarifies the matter for everyone.
Type your Answer in the box below and post your answer.
My case is thru one county (chenango) for child support. has been for a few years. now the ex and my kids moved to another county last year. they haven't resided in chenango for over a year but yet just recently she has taken me to court for owed child support. reason is because she has gotten assistance...
(berrien county michigan) my child support case has just been closed. i recieved a notice from the foc that they will be destroying the paper case file within one year (per federal regulations). is there any case law to sue for ownership of the file before it is destroyed?
Can a father who lives in sacramento county file for custody in that county when the mom and child live in kings county and have filed the declaration of paternity and child support in kings county?
|
My case is thru one county (chenango) for child support. has been for a few years. now the... |
|
How do i gain ownership of my old case file which is scheduled to be destroyed? (berrien county michigan) my child support case has just been closed. i recieved a notice... |
|
Can a father who lives in sacramento county file for custody in that county when the mom and... |
|
4 years ago i got divorce in orange county,ca my ex husband wanted to take away my daughter... |
|
Would a grand jury consider slow payments on a criminal non support and not indicte on the case? Currently on s court order for one county now being charge in another county for the same... |
|
How does noncustodial parent file for custody I live in los angeles county and my case is out of san bernardino county. for the last 3yrs... |
See more Child Support questions

Ask A Question
Ask a new question about
Child Support: