Q: How can I force my ex spouse to appear in court?
I filed a modification/registration of custody in GA, ex wife claimed AL residency on military orders in GA although I found the deed to the home she purchased in GA. She now lives in LA (moved the wk of court) and is saying she cannot travel due to high risk pregnancy for court where I have now filed in AL. I haven't seen my daughter since December, she is not responding to any communication, nor has she refinanced the home. I filed a modification of the divorce decree to address both issues. I took her word back then so everything on the divorce settlement says "Both can come to an agreement". I was deployed at the time and just wanted it over with. I'm doing everything from a remote location because I am now stationed in CA. I got my daughter's new address from military files on her that I also have access to because my ex wouldn't tell me. So she's maneuvering out of court using the military and her pregnancy as an excuse. I don't mean to sound insensitive but I know her ploys.
A: You may need to go to where she is and file in that jurisdiction. Courts mostly look to where the child is at for the purposes of the proper venue. That will be the surest way to get things moving and done. The downside to this is the expense. In some jurisdictions, you can ask for attorney's fees based on misconduct of the other side - but that may vary from state to state (and from judge to judge).
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