What are my legal rights to my son and not returning him to his mother because of abuse?
Full Question:
Answer:
The first state to impose a custody order retains "continuing exclusive jurisdiction" as long as one of the parties continues to reside in that state or if both parties agree to transfer jurisdiction to another state. Another state may modify the decree only if the original state no longer has jurisdiction over the case or has declined jurisdiction to modify the custody or visitation decree.
In making a determination on whether a change of venue motion should be granted, the judge will consider things such as:
• Where the child now lives and how long the child has lived there
• Where each party lives
• The financial situations of the people involved
• The nature and location of the evidence needed in the case (including child testimony and other witnesses)
• Any other things that the judge thinks are
important
If no state has made a valid custody determination, the provisions of the Uniform Child Custody Jurisdiction and Enforcement Act, as adopted by each state, will apply. A court in a particular state has power to hear a custody case if that state is the child's "home state" or has been the home state of the child within six months of the date the legal action was brought and at least one parent continues to reside in the state. Other situations include those in which a state with jurisdiction over a custody case declines jurisdiction or no other state may assert jurisdiction over the child.
In modification proceedings, it will be the law of the "continuing exclusive jurisdiction" state which will govern whether or not the nonresident has custody. Note, however, that for enforcement purposes, it will be the law of the enforcing state that will govern enforcement proceedings.
The Uniform Interstate Family Support Act (UIFSA) allows the fifty (50) states and various foreign nations to initiate a support action. The custodial parent files a petition on the local court which is then forwarded to the country and/or state in which the obligor is located. UIFSA may be used to establish a support obligation, enforce an existing order of support, or be used to assist in parent location.
Once issued, an support order may be sent to any other UIFSA state for registration. allowing that state's authorities to enforce the order. Registration does not give the enforcing state any authority to modify the order. The initiating state maintains continuing exclusive jurisdiction even though the debtor lives, or the order is being enforced, elsewhere.
A motion to modify a custody order may be made when there is a significant change in circumstances. If a parent denies court ordered visitation, it is possible to bring a petition in court to find the denying party in contempt. In some cases, criminal charges of interference with custody may apply. It is possible to petition for a change of custody when a significant change of circumstances may be proven. The court may grant such a motion if it is determined to be in the child's best interests, taking all the facts and circumstances into account.
A show cause order is a court order directing a person to appear and bring forth any evidence as to why the remedies stated in the order should not be confirmed or executed. A show cause order is usually based on a motion and affidavit asking for relief. If the defending party fails to file an answer, an order of contempt may be issued automatically. The answer may state any defenses, such as inaccuracy of the claims, failure to follow legal procedures, etc.
Generally, there are five elements required for a finding of civil contempt:
-continuing personal and subject matter jurisdiction in the tribunal that is holding the show cause hearing;
-the existence of a valid support order;
-knowledge of the order by the noncustodial parent;
-ability of the noncustodial parent to comply; and willful noncompliance by the noncustodial parent