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Messages - foughtandwon

#1
>You should know that it might not be that easy. The first
>state has to release it's jurisdiction FIRST, you just can't
>go & file on the custody/visitation issues because you've been
>there six months. They might or might not release it since
>biomom still lives there & the especially the way your court
>order is written. To be honest though, is it really worth the
>$15.77 a month you'd end up with from her...and risking losing
>ALL the daily hugs & kisses due to yet ANOTHER emotional &
>physically draining custody battle (cause you've pissed her
>off asking for financial support?). I'm not saying not to
>file, I'm just saying that's all. I see it time & time
>again.....pretty sad if you ask me but that's the way it
>usually turns out. Mr.KAT went thru the same thing...all was
>fine & dandy as long as she didn't have to provide one single
>dime.
>KAT

there is a lot more to it than that. i seriously she would have even the slightest chance of trying to take me back to court for custody. The reason i got custody is because CPS took the kids away from her.
and this isnt a matter of just trying to get her back. since day one i paid my support on my own no court order or anything like that and since day one she has complaind that she needed more,  
i just wantr to give her the chance to do the same if she doesnt then we will go to court. i cant stand to see stories of deadbeat dads in the news and not a single mention of mothers that do the same.
#2
so was that a left or a right????????????????????
lol that about what i had thought after 6 months then i can file here in LA
the custody order does say
"the court retains jurisdiction with respect to parenting time if the parties are unable to work out an agreement..................."

but it doesnt say that about support


we started to work out a parenting plan but i felt like i was getting blind sided so i backed out of that one for now. her shrink had typed one up and was gonna have her husband notarize it and that just sounded funny. i'm glad i didnt sign it cause now that i read it it sounds alot more like parents with joint custody... she was obviously tryin to hook her up.
#3
Child Support Issues / which state to file in?
Nov 04, 2004, 12:20:45 PM
ok after a 1 1/2 year cps/custody battle i have my son with me.
all this happened in arizona where the mother lives. i am military and currently live in new orleans
from what i can figure, after 6 months of living with me i should be able to file in the state i live in.
here is the kicker the last thing the custody order says is " the matter of child support should be referd to judge -------" well after driving back and fourth many times 1400 eaqch way. the last hing io wanted to do is open another case. so i took my son and left not to mention i wanted everything to calm down a bit first.

so what state can i file for support in?
#4
Dear Socrateaser / RE: help fast????
Aug 02, 2005, 09:23:19 AM
well finding an attorney via phine is difficult to say the least. after about 20 or so calls i could only get one on the phone willing to talk to me about the case.

what i found out was somewhat heartbreaking.
turns out the attoney i have been talking to knows of the therapist and BM's attoney. In his words they equal bad news
the therapist (is not a licenced therapist) is able to be bought and give very damaging testimony. her attorney is one that most do not like to deal with.


again thank you for the info you have been giving.

I called LA CPS and asked if they could help and they also said it probably belongs in AZ.
I guess i could really argue the issue and try to get it moved to LA but i think all that will do is delay the prceddings and give her a little momentum in the case.

right now my focus is trying do discredit this so called therapist and get my son back with me where he belongs from there i will entertain any request for evaluations the court my have.
they hard part is i know the therapist is gonna sing like a bird that my son is in danger.
on my side i do have teachers, guidence counselors, LA CPS and AZ CPS that all know the truth. its just a matter of getting that into the court on this first hearing
#5
Dear Socrateaser / RE: help fast????
Jul 29, 2005, 05:55:46 AM
thanks for that info. today i get back on the web/phone and try to get better answers.
the attorney i wanted in az called me back and said he wouldnt be able to reperesent me. He didnt want it to become a conflict of intrest issue. oddly though he didnt want to recomend anyone for the same reason. he is still the gal for bm daughter (case going for 3 years now)

called to speak to my son and  instead the phone was given to a thearapy office. she said my son was being seen there and that it was court ordered???

how in the world would that be possible without cps involved?
the whole thing is starting to sound bogus to me but im trying to keep a calm head, that worked for me the first time.

should i call and talk to the therapist now or should i wait to get an attorney first?

#6
Dear Socrateaser / RE: help fast????
Jul 25, 2005, 02:17:09 PM
grrrrrrrr
headaches
jag ofiice no help
legal aid services not accepting casses til august

called the local court and as you said they advised that i would need an attorney to draw up the papers

first attoney called said no way gotta start in arizona

second lawyer said the same

but they both agree the judge shouldnt have signed such a thing due to the fact that the child lives in la

i have called the attorney that represented my son in the original case and i'm waiting to hear back from him.

i think my next move will be to try a couple others in az and maybe contact the judge that signed the document and explain that the child now resides in la




#7
Dear Socrateaser / RE: help fast????
Jul 25, 2005, 12:57:59 PM
hey now thats Marine not soldier lol

thanks for all the input i am diggin up the number to my local jag office right now, at least to get things started

by the way thanks for making me more paranoid those pins i was sitting on just turned into burning hot daggers


#8
Dear Socrateaser / RE: help fast????
Jul 25, 2005, 12:34:10 PM
so you mean that she has a chance of turning this whole thing around and regaining custody?

i was thinking the most she could do is get me for not following a non signed visitation plan. i thought for sure the custody part was safe

i was just reading up on az 25-414 and the penalties range from making up missed parenting time to paying her attorney fee's

at the end of the custody order it say something to the fact that az court will maintain jurisdiction over parenting time if parties are unable to agree.
with this being said will a temp custody order in my state still take precedence????

now about the whole serving thing. she doesnt have my home address but i did give her my work address can she try to say i am not giving her and address?

#9
Dear Socrateaser / RE: help fast????
Jul 25, 2005, 11:46:13 AM
thanks for the quick reply as you can imagine i am sitting on pins here.

1 current custody order is in arizona

2 I live in lousiana

3 child has lived with me for the past year. he was sent to bm for x mas school break for 2 weeks

4 last school attendance was in lousiana

5 child just turned 6

6 just found out this afternoon bm took child to court house friday and had the child tell a judge that he doesnt want to live in louisiana

7 no

8 custody was givin to me after cps removed children from her care for medical neglect and possible sexual abuse. After she failed to comply with cps case plan for 1 1/2 years it was finally tried as a custody case.  i was awarded full legal and primary physical custody with reasonable unsupervised parenting time for her. the cps case continued on for her and a second child.



just found out this afternoon bm took child to court house friday and had the child tell a judge that he doesnt want to live in louisiana

during first visit (xmas break) bm took child to a doctor and reported that i was punching the child in the stomach. arizona cps investigated and had no findings for an investigation. a few weeks after that child teacher tells me that cps (in louisiana) was at the school to investigate reports of a black eye again no findings and a case not opened. so thats 2 false reports filed against me by the mother (most likey not directly by her)


#10
Dear Socrateaser / help fast????
Jul 25, 2005, 09:24:45 AM
i'll try to make this quick

i was awarded custdoy via cps case almost a year ago.
court order was left wide open for interpitation and is worded as such
" reasonable unsupervised visitation " for  the mother.
I am active duty military and do not live in the same state so "reasonable is hard to determine"


my son was supposed to be returned sat night via airplane. after a somewhat delayed flight arrived he did not show. when i was finaly able contact the mother she said she has a temp. visitation order signed by a judge and that i should have been served already for a court date of aug **

i didnt get this info until 3am sunday morning. i called the courts this morning and they are of no help as of yet. i am being told that the info is not in the sytem and may take a couple fo days. when i asked the bm how to get  copy of the paperwork she replied with she doesnt know and that its my problem not hers.

at this point i have no idea what the hearing is for visitation order, custody ????????
if i had to guess it is to enforce a visitation schedule she wrote up but i refused to sign, because it was way to much in her favor




now my questions
1. how can i verify her story of a temp visitation order?

2. would such an order end on a said date, or would it have to be settled in court?

2. i do not have the money up front for a lawyer can i go to the court ask for my son to be returned to my custody and ask for more time to get an attorney to settle the matter?