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temporary custody

Started by wallyworld, Dec 31, 2006, 01:28:16 PM

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socrateaser

>would that be an ex parte hearing?

Yes.

>
>Is there a way to word it so that it doesn't make her sound
>bad as I think she would be ok with it (not fight it) if it
>didn't say abondonment.  How could it be worded without making
>her sound that the complete bad guy?

"Abandoned" is the word used by the UCCEJA, so it's the word you must use, and ex parte hearings are for emergencies, so if this isn't the situation, then you must use one of the other options.

>
>So there is absolutely no way to just enter an agreement
>between me and her with her giving me temp. custody even if
>that was the wording (It wouldn't hold up in court if she got
>a wild hair up her butt and changed her mind again)?

If you have a stipulated order, signed by yourself and your ex then you can ask the court to enter it. But it can't be temporary, unless you are agreeing to resolve the matter permanently at some future date.

wallyworld

All the attorneys I have spoken with say that I MUST request child support.  I don't want to as that will probably make my ex try to get her back.  Do I really HAVE to request child support.  Her husband is a pilot they say they will impute some of his income (the attorney's Ive spoken with).  I don't want a dime!

Is there a way around it as she is NOT working?

How can it be worded?

It's IL.

socrateaser

>Is there a way around it as she is NOT working?

The court can't ignore the issue of child support, because the child is an innocent and the State has mandated that the court protect the child's interests.

You can, however stipulate with the other parent to not have the court order it, as long as the parents agree that child support is not in the child(ren)'s best interests.

>How can it be worded?

how can "what" be worded? I don't know what you've decided to do.

>It's IL.
>

Sunshine1

"Child Support is RESERVED"...a court order I was helping modify had this wording and there was no award of child support.

But later they had a right to seek it....and did, that is what ended up happening in our case. MN jurisdiction, not sure if this works in IL.

socrateaser

A reservation of judgment is intended to permit the court to withhold deciding something until sufficient facts are available to render a decision.

WW wants to obtain an order reducing support to $0. I've already supplied the appropriate method to achieve this.