:confused: A case was started in the state of WI, and at the first hearing, my ex was told to mention the Uniform Child Jurisdiction Act. He and the children live in ND now. I started the case in WI because everything else was in WI, even the failed Mediation attempt, and even at that time he was in ND. I live in MN by the way.

MY questions are, Who's responcibility is it to get things started in ND?

Why isn't there an easy way to get cases transfered to amother court if a case has already been started?

If no action is taken by either party or the courts to move things, does WI have to hear the case?

I don't have a lawyer, and can't afford one. I CAN NOT get legal assistance, because they look at my gross income, and since my ex will not provide medical, allong with the Child Support I have to provide medical. One of the children needs regular Dr visits, and medications.

Also, the Judge did put forth a temp order so I can see the girls. My ex just decided he wasn't going to let me see them. Now that school is going to be done for them at the end of the month, I would like to file for a change of the existing order for placement. This way I can see them for a week at a time, and be able to pick them up sooner, since we dont' get home till 10 on the Friday's I pick them up now. And for a 6 and 4 year old, that is really late. That was more for FYI as to what I am filing next week.

Any help would be appreciated.

:confused: :confused: :confused:

Anybody, anything?

Anybody, anything?

Generally, the custodial parent would request the change in jurisdiction. Since neither of you live in the original state, if legal residency has been established in the new state, it should not be difficult to have the CUSTODY and VISITATION jurisdiction moved to the state the children now reside in.

Also, the NON CUSTODIAL parent can request that the CHILD SUPPORT case be moved the the state that they reside in.

The first step is to ask the original court to release jurisdiction to the new state. Then you would need the new state to ACCEPT jurisdiction in writing.

That said, just because jurisdiction is changed, that does NOT mean that the order can be modified simply because the NEW state has different rules then the original state. If there is a valid reason that the order should be modified according to the ORIGINAL state guidelines, then a modification can be made using the rules of the NEW state.

Generally, the custodial parent would request the change in jurisdiction. Since neither of you live in the original state, if legal residency has been established in the new state, it should not be difficult to have the CUSTODY and VISITATION jurisdiction moved to the state the children now reside in.

Also, the NON CUSTODIAL parent can request that the CHILD SUPPORT case be moved the the state that they reside in.

The first step is to ask the original court to release jurisdiction to the new state. Then you would need the new state to ACCEPT jurisdiction in writing.

That said, just because jurisdiction is changed, that does NOT mean that the order can be modified simply because the NEW state has different rules then the original state. If there is a valid reason that the order should be modified according to the ORIGINAL state guidelines, then a modification can be made using the rules of the NEW state.

The Child Support being in WI, doesn't matter really. He doesn't want to have a gap in the direct deposit he gets from WI. They take it right from my check, and I like it that way so there is no chance of falling behind.

If no one makes a move to change anything to ND, doesn't WI have to continue with the original motions?

Generally, the custodial parent would request the change in jurisdiction. Since neither of you live in the original state, if legal residency has been established in the new state, it should not be difficult to have the CUSTODY and VISITATION jurisdiction moved to the state the children now reside in.

Also, the NON CUSTODIAL parent can request that the CHILD SUPPORT case be moved the the state that they reside in.

The first step is to ask the original court to release jurisdiction to the new state. Then you would need the new state to ACCEPT jurisdiction in writing.

That said, just because jurisdiction is changed, that does NOT mean that the order can be modified simply because the NEW state has different rules then the original state. If there is a valid reason that the order should be modified according to the ORIGINAL state guidelines, then a modification can be made using the rules of the NEW state.

The Child Support being in WI, doesn't matter really. He doesn't want to have a gap in the direct deposit he gets from WI. They take it right from my check, and I like it that way so there is no chance of falling behind.

If no one makes a move to change anything to ND, doesn't WI have to continue with the original motions?

The Child Support being in WI, doesn't matter really. He doesn't want to have a gap in the direct deposit he gets from WI. They take it right from my check, and I like it that way so there is no chance of falling behind.

If no one makes a move to change anything to ND, doesn't WI have to continue with the original motions?

If there is a current ongoing action in front of the court, it must be disposed of BEFORE the case can move to a new jurisdiction. That could mean the case is heard and a decision is made or the party that initiated the action could withdraw the motion.

If there is a current ongoing action in front of the court, it must be disposed of BEFORE the case can move to a new jurisdiction. That could mean the case is heard and a decision is made or the party that initiated the action could withdraw the motion.


But again, if nothing is done to dispose of the current case, does WI have to proceed?

But again, if nothing is done to dispose of the current case, does WI have to proceed?

The WI case will continue unless it is withdrawn by the person that filed it. If no one shows up for the court date, the case is dismissed.

The WI case will continue unless it is withdrawn by the person that filed it. If no one shows up for the court date, the case is dismissed.


There is no court date. We had the first one, and then that is where the judge talked about getting it moved to ND. But even in one letter from the Judge to his Lawyer, he said that if no one makes a move to get the case transfered, then Wi would have to continue. But it has been two months now and nothing.

I would like to file a motion to modify the temp visitation order, so I can have more time with them this summer, but what else should I file with that, if anything, to get the Judge to proceed with the case?

There is no court date. We had the first one, and then that is where the judge talked about getting it moved to ND. But even in one letter from the Judge to his Lawyer, he said that if no one makes a move to get the case transfered, then Wi would have to continue. But it has been two months now and nothing.

I would like to file a motion to modify the temp visitation order, so I can have more time with them this summer, but what else should I file with that, if anything, to get the Judge to proceed with the case?

OK, I get it now. The judge in WI has basically OK'd the change in jurisdiction. What needs to be done now is contacting the court in the new jurisdiction and ask if they will accept the case. When they answer, bring it to the original judge to be finalized. Then any court action would take place in the NEW state.

But see here is the other part.

Because he brought it up, the judge put it in his hands to get it transfered. He and his lawyer have not done anything. Honestly I don't want it changed, as WI gives you the tools to be pro-se (sp- sorry). In the letter the judge sent, he said that if no party makes a move to change it, then WI will have to handle it.

So, What can I file to have the case continue in WI? Besides the motion to modify the temp order? :confused:

But see here is the other part.

Because he brought it up, the judge put it in his hands to get it transfered. He and his lawyer have not done anything. Honestly I don't want it changed, as WI gives you the tools to be pro-se (sp- sorry). In the letter the judge sent, he said that if no party makes a move to change it, then WI will have to handle it.

So, What can I file to have the case continue in WI? Besides the motion to modify the temp order? :confused:
I'm not sure of the specific actions to take in WI. It varies by state. In many states all you need to do is call the court clerk or the cout services offcer to set a date for the hearing since it has already been filed. I'm not aware of any particular motion that would need to be filed. Another option would be to refile the original motion.

I'm not sure of the specific actions to take in WI. It varies by state. In many states all you need to do is call the court clerk or the cout services offcer to set a date for the hearing since it has already been filed. I'm not aware of any particular motion that would need to be filed. Another option would be to refile the original motion.

I think I will call the court clerk then, because if I can get another date set, then I may not have to file the motion to modify. But the clerk there is very helpful, so I know I can ask her that too.

It just isn't getting better with him. He is actually communicating less. My 6 yr old is the one that told me they moved (same city, different address) she also gave me the address. She had to tell me about her Kindergarten Graduation. This weekend when I picked them up it was 40 degrees, windy and raining, and he didn't have anything for them, no jackets, and they were in short sleeve shirts. He won't send anything that may be nice, so I had to buy them clothes just for my house, shoes too, and now it looks like I will have to always have jackets. When they get sad about going back to dad's house, cuz they will miss me, I try to just be comforting and say that they can call me when they miss me too much. But all weekend they kept saying that daddy won't let them. When I asked why, he tells them that there isn't enough time on the phones (cell phones, they dont have a land line) When I questioned him about it yesterday, he just got all mad and said they were lying.

When they are here with me I don't take them out to do spectacular things all the time as I don't want it to seem like I am showing up there dad. This weekend we just stayed home playing games and coloring pictures. But after every visit it is harder for my 6 yr old to go home. This time was the worst I have seen. I am at my wits end, I worry that they get attention. there is more but I will stop at this for now. :(