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Situation: Relocation trial where mother left due to

emergency circumstances.The mother lived with...
Situation: Relocation trial where mother left due to emergency circumstances.The mother lived with the father and children in Washington state and got the divorce from Washington state.She had to move in with her brother in West Virginia with her kids because she had no job and a shattered collar bone from an accident and wasn't receiving any financial support for the first 3 months of the divorce from the father who was making 120,000$.How does the mother during the trial get the jurisdiction changed so it no longer is in Washington? The mother and the children have lived in West Virginia now for 12 months.The only way to stop the father from continued legal abuse is if the mother can change jurisdiction to West Virginia.The father has applied for an Appeal of the case that he lost a year ago and had this relocation trial in the works for many months now.From what I understand jurisdiction will not be changed if there is a pending court case of which there is (Relocation Trial). There is currently the Relocation Trial set this month. Can the mother during the relocation trial have the judge change her jurisdiction at the end of the trial to put a stop to all continued legal abuse by the father ? And how is this done? I assume the judge could rule on this during the relocation trial.
Please help. If your answer works and the judge agrees to change the jurisdiction to West Virginia I will come back to the site and give you a big bonus.
The mother also wants the father to pay the proper Washington state calculated child support of which he is only ruled to pay half of which makes no sense. Can the judge also fix this during the relocation trial that is coming up soon?Thanks
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Answered in 3 minutes by:
10/6/2017
JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 34,389
Experience: Began practicing Family Law in 1992
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Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Please allow me several minutes to read your facts and type my response both initially and when you add a follow up question or add facts. Please don't ask "are you there", etc., since when you post it can erase what I am working on. If we are having a conversation unless I tell you I am going offline, I will be here but I may be doing research.

If you receive a notice or email regarding a phone call for an extra price that comes directly from the website and not from me and I have no control over the sending of the notice or email. I don't take part in the telephone program and only work through this format and under your facts this format should be sufficient.

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Unfortunately, once the trial has started or she has filed anything in Washington then she can't "get the jurisdiction changed so it no longer is in Washington."

If she and the children have lived in Washington for the last 12 months then she would have to file in WV and then hire a lawyer to challenge the jurisdiction in WA. She wants a lawyer there because if she doesn't file the papers there exactly right, file the wrong kind of papers, or makes an appearance of any kind in WA then she has "submitted to the jurisdiction of that court".

If she has already appeared in the Relocation Trial then she can't move it and the court can't issue a "prospective order" saying that all future cases must be brought in WV because she may not be in WV in the future.

The only way to get the amount of child support changed is for her to file a Motion to Modify the Child Support. If she doesn't ask for it then the judge can't grant it. The judge is only going to set the child support at the amount for WA.

JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 34,389
Experience: Began practicing Family Law in 1992
Verified
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Customer reply replied 11 months ago
Thanks for your help.
I guess she is just going to have to ride this out then. Good info.

You're very welcome and give her my best wishes.

Thank you very much for allowing me to assist you. While the answers I give can't always be "good news", since the law can't always be favorable to everyone, I do strive to be as accurate as possible and to answer any follow up questions to the best of my ability.

You may receive a survey of some kind in the next day or so regarding your experience here at JustAnswer. Please be advised that I am responsible for the content of my answers but not with the issues of website performance or anything other than the answer. I hope that you will consider issuing a Positive Rating regarding my service to you so that I can continue helping others.

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