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It's been a long time since I've posted here.  Anyways, we pay support for my ss which is fine.  We live in Indiana.  I've been keeping track this last year and we have him more than the cp.  On her weekends he stays with friends or relatives.  I am a stay at home mom with my older son and our 2 smaller ones.  THey have joint legal but she has primary physical.  We are supposed get him eow and 1 day a week and 4 weeks in the summer.  Well we have him a lot more.  Is their a way we can get child support changed to reflect this with out having to get an attorney?  We do not even get it reduced when we have him longer than 7 consecutive days it remains the same.  Anyways I noticed the laws changed after the order was put into effect that now they go by how long he stays with both parents not just the one and can we count the days he stays with others as being with neither parent?  Thanks for any help on this matter.

Dawn

Dear Socrateaser:

I know you are on vacation and Im sorry but Im desparate. Real quick we went to court on June 6, 2006 and judge gave me custody of my son based on mother didn't show up. My attorney showed proof of service on her by certified mail. Judge accepted.

Now last week she ran and got an attorney and said she was never served. Went to hearing yesterday and this judge reversed the order back to her because she testified she never got served because the certified copy was in the file off site. She said she never signed for a certified mail from our attorney nor did she authorize anyone to sign for her.

Judge believed her and reversed it. I got copy of the card and it had a mans signature on it. Called the post office and they gave me proof that SHE in fact did sign for the certified mail and the guy on the green card was her postman and marked it agent but had her persoanlly sign the paper for them.

One more question, we live in Indiana and accoring to my attorney I have first right of refusal and she's arguing that I do not and that she can give son to her family to keep and not me, our attorney said I have the next first right due to I am dad or my wife because she is next in line and one of us can keep him. We have had son since May 23, 2006 and she has only seen him 2 days in that time.


She has always gotten away with lying in court and winning by lying and now we have the proof on the certified mail she in fact signed for it.

1. Should we have our attorney file perjury charges against her based on this proof and thats all the judge had to go by was her word?

2. What do you think the judge can do about the order meaning can he or she reverse yesterdays decision?

3. WHat do you think they will do to her based on this?

4. Can we argue this that now she is trying to pull son from us because of this court thing?

Thanks for your help in this matter.

usayow

Hello.  We are in Indiana.  Okay I will try not to be too long.  We filed for custody of ss years ago and lost.  Since then many changes have occurred.  I used the time tracker and this last year and a half my ss has been with us same as cp.  But more with others than anyone because she has him stay everywhere except here.  

We know she has a drinking problem.  I personally saw her out with ss drinking.  Our neighbors saw her out not long ago and shre could barely stand or sit for that matter and she got her keys in her hand and paid her tab then left.  SS was not with her that time.

Recently she was arrested for DUI with bac level of .26 pretty high.  She has now lost her license and can only drive with probationery license to and from work and dads program.  She never requested to be able to drive to pick up ss from school or to school or from our house which is eow.   Our attorney we spoke to as consultation said this emergency order would help us during the battle for custody.  We know the only reason she has him is for the money.

We are pretty sure we want to hire an attorney to get immediate emergency custody switched since she can not even drive him any where.  She has no car either all of a sudden and everyone else is doing her running.

1.  Do you think we have a chance to seek and get emergency order since all this has occurred?

2.  If we do get it would the judge order it immediate or would we have to wait a period of time?

3.  What else do you think we might need to hurry and get together to win?

Thanks for any and all help is appreciated.

Worried stepmom in Indiana

Sorry I will try to make this short.  In a nut shell dh and bm made agreement years ago that they would alternate years putting ss in sports.  Well it worked for awhile then bm had new bf and had him put ss in sports.  We live a town away and bm has now informed us she put ss in new baseball league even further away.  He has joint legal custody of ss.  By the way bf is of course gone now.  

Anyways here's the problem when she does this she expects us to take ss on our night to practices and on our weekends.  We get him on wednesdays and eow.  We have him more but that is what the court order says.  Well we go to church and on Wednesdays ss is in a thing called ra's with church and has been for years now.  He loves it and when he comes on Wednesdays that's the first thing he asks about.  Well bm said practices are every Wednesday and Sunday and wants us to switch nights on Wednesdays and we will just miss most of Sunday.  Well we want him to stay in his RA's and not miss(by the way) she pulled this in fall with football season too.  

Should we just suck it up again and make him miss something we put him in and has been in for years or just tell her no this is our night an he's not missing again for her activity which is by the way even further away this year?  What we don't understand is how can she get him to activity because she just got her license suspended for DUI and only got probationary license to go to and from work and alcohol classes.  She's not supposed to be driving anyways especially with the child.  

We wanted to put him in baseball here where we live but she signed him up with out even talking to dh about it and just TOLD him what she did.  Her sign ups were before ours.  Let me know any thoughts and opinions.  Thanks for all the help ahead of time.

usayow  

Okay.  We have decided to do it and go back.  We need to find out who boyfriend is.  My ss bm said her bf name but thats it.  I looked on public computers downtown and their are a bunch of people with same name.  We know nothing about him.  I got his license plate, so here's the question how can we get his information from his plate?  How can we get it ran to find out who he is?  Thanks for all the help.  Time is important if anyone can help me.

Thanks