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Author Topic: **UPDATE*** signed document with her chicken scratch....  (Read 3854 times)

wallyworld

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**UPDATE*** signed document with her chicken scratch....
« on: Apr 18, 2007, 05:11:45 PM »
Well,  My attorney asked if I would agree to what she changed (circled and wrote agree or dissagree) on the stipulation.  The only thing she changed basically was disagreeing to custody and writing TEMPORARY next to that--so temp. custody.  AND disagreeing that IL has juristdiction (technically IL does not until june 26th).  So I said I would if temp. custody usually ended with it being perm.--lawyer said much easier to have temp custody turn perm.  that going through a court battle figuring child's best interests and mom being unfit.  HE was def. NOT sure that the judge would take it.  So basiclally I had to agree to temp. and that IL is NOT the homestate.  (although, it will be and IL gave me temp. custody)

Well,  The judge said he woudl!!!!  All that has to be done is my lawyer draw up a "clean" copy changing what she stipulated to and then attaching the orinignal paper with her signature to the back.  And it would count!

Well, when I told ex that they took the agreement she FLIPPED saying that she was being a smart a** when she wrote all over it and signed it.  She said there was NO way a judge would take that document as she scribbled all over it.  She said she is keeping her after her summer visitation as she is the mom and only gave her to me because of post partum depression (oh what the 3rd time she's given her away (second to me, once to maternal gparents).  She said "the ball is still in my court and always will be."

so:

1.  If I have temp. custody does that mean she HAS To return her after summer visitation.  The agreement states that the mother shall have all "reasonable" visitation.

2.  What happens if she fails to return her?

3.  Because the docuemnt says that IL is not the home state- but is granting me temp. custody--- can she file in FL over the summer to throw the court order out?

4.  It has her signature on it ALL THE WAY!

5.  How do I make it perm. custody?

When reminded that my daughter almost flunked 4th grade with 2 f's and 2 d's and 43 tardies and 25 absences in one year, AND moving between schools about 6 times in one year.   She stated, that makes for a more well rounded child than one that stays in one town/place her entire life.

She's dumb i know.


Jade

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RE: **UPDATE*** signed document with her chicken scratch....
« Reply #1 on: Apr 18, 2007, 05:30:39 PM »
>Well,  My attorney asked if I would agree to what she changed
>(circled and wrote agree or dissagree) on the stipulation.
>The only thing she changed basically was disagreeing to
>custody and writing TEMPORARY next to that--so temp. custody.
>AND that IL has juristdiction (technically IL does not until
>june 26th).  So I said I would if temp. custody usually ended
>with it being perm.--lawyer said much easier to have temp
>custody turn perm.  that going through a court battle figuring
>child's best interests and mom being unfit.  HE was def. NOT
>sure that the judge would take it.
>
>Well,  The judge said he woudl!!!!  All that has to be done is
>my lawyer draw up a "clean" copy changing what she stipulated
>to and then attaching the orinignal paper with her signature
>to the back.  And it would count!
>
>Well, when I told ex that they took the agreement she FLIPPED
>saying that she was being a smart a** when she wrote all over
>it and signed it.  She said there was NO way a judge would
>take that document as she scribbled all over it.  She said she
>is keeping her after her summer visitation as she is the mom
>and only gave her to me because of post partum depression (oh
>what the 3rd time she's given her away (second to me, once to
>maternal gparents).  She said "the ball is still in my court
>and always will be."
>
>so:
>
>1.  If I have temp. custody does that mean she HAS To return
>her after summer visitation.  The agreement states that the
>mother shall have all "reasonable" visitation.
>
>2.  What happens if she fails to return her?
>
>3.  Because the docuemnt says that IL is not the home state-
>but is granting me temp. custody--- can she file in FL over
>the summer to throw the court order out?
>
>4.  It has her signature on it ALL THE WAY!
>
>5.  How do I make it perm. custody?
>
>When reminded that my daughter almost flunked 4th grade with 2
>f's and 2 d's and 43 tardies and 25 absences in one year, AND
>moving between schools about 6 times in one year.   She
>stated, that makes for a more well rounded child than one that
>stays in one town/place her entire life.
>
>She's dumb i know.

These are questions to ask your lawyer.  

janM

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RE: **UPDATE*** signed document with her chicken scratch....
« Reply #2 on: Apr 18, 2007, 05:54:00 PM »
I would think that if it says "reasonable" visitation, and does not spell out summer vacation, I would tell her she can have her after the 6 month mark. Maybe enroll her in daycamp or something...

You need to get that thing finalized and signed by the judge. I'm not sure about the home state thing, but if no time limit is specified in "temp" custody, I would guess that custody is custody, and you have it. It does say that IL has jurisdiction? I hope that sticks.

Do check with your attorney.

In my son's case, his exgf gave him temp custody of their son, and at the hearing the magistrate asked her how long that should be - 6 weeks, 6 months? She said 6 months. So it was ordered for 6 months. Near the end of that time, we hired a lawyer to file for perm. She (or her mom) tried to fight it, it got continued, and in the meantime son convinced her to make it perm and she did.

"Well rounded"?? Flunking school is a good thing? Sheesh...

wallyworld

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RE: **UPDATE*** signed document with her chicken scratch....
« Reply #3 on: Apr 18, 2007, 06:08:47 PM »
No, where it said taht IL is the home state of the minor child she circle it and wrote DISAGREE.  I had to initial that (and basically agree) that IL wasn't the homestate.  

So that is where im not sure what is going to happen.  BECAUSE obviously if IL isn't the homestate then how did they grant me temp. custody.  It was an agreement though and she signed over temp. cusotdy.

HelpingHands

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RE: **UPDATE*** signed document with her chicken scratch....
« Reply #4 on: Apr 18, 2007, 07:14:18 PM »
once the judge enters the document into an order, the court can assume jurisdiction- i believe- esp after the 6 month mark. I would send a letter nearing the end of the school year offering certain dates for visitation(occuring after the 6 month mark) for summer as 'reasonable'. Once you have custody and offer her dates, you are being reasonable. She will have to take you back to court to prove it was an unreasonable visitation. Following me?  She knows that the timing has worked in her favor before, she is playing that in her head. She will get your child to Florida and say that an IL judge had no right to order custody and keep her from you. Make sure IL can legally retain jurisdiction this time.

What a nightmare. At least you got it in writing and a judge willing to order it. Was there a stipulation as to when the temp custody would end?  You initialling beside her saying IL doesn't have jursidiction means you acknowledge her disagreement, not that you are agreeing to what she wants or says. The law is what matters.


Sunshine1

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RE: ...another thing....
« Reply #5 on: Apr 18, 2007, 08:55:58 PM »
Stop giving away all the cards in your hand!!  You should have told her NOTHING and spoken to her AFTER the judge signed the the order.

You tell her way too much, and she always comes and grabs her just in the nick of time.  From now on, if you gotta tell someone...tell us, don't give her a heads up to anything.  How fun would it have been to tell her after it was signed and entered...instead of now you are worrying to death if she will come and get her, keep her after summer visitation, etc etc...

Don't tell her anything anymore.

Ps...That is great that the judge took that, I think he may have realized she was trying to be a smart ass but she signed it, its a legal binding document when you do that.

Davy

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RE: **UPDATE*** signed document with her chicken scratch....
« Reply #6 on: Apr 18, 2007, 10:03:30 PM »
I pretty much agree with helping hands except the first statement.  The IL court is assumming jurisdiction when making a custody determination.

I was in TX arguing in IL against IL jurisdiction. I had an IL atty of record
in the venue where the case was brought.  A second non-billing IL atty monitoring everything and a top notch family law TX atty that TX judge ask to go pro-bono for jurisdiction issues (not custody --50K upfront $$).  Basically, how fortunate for my kids !!!  

Here's some points to ponder :

--- my IL attorney could/would ONLY argue jurisdictional issues.  Any arguments concerning divorce/custody COULD be used to submit myself to IL jurisdiction.  

--- mother's response to agreement written by an IL officer-of-the court is probably enough to grant IL jurisdiction and certianly the act of relinquishing custody to IL father is enough to warrant IL jurisdiction.

---this is very basic but the issue of deciding jurisdiction is to see which state is best suited to make a custody determination. It certainly is not a contestants wish to decide.  States lose jurisdiction as a matter of course (like what has happened in this case)

--- all about what is being discussed operates under statues known as the UCCJA and PKPA (see article index).  The "6 month rule" is NOT hard and fast.  In fact, there are numerous conditionals that are fairly easy to understand and very much collaborate IL jurisdiction IMHO.

---another provision of these statues which are used all the time is one in which judges from the 2 states are ENCOURAGE to communicate by phone to make the decision.  The whole idea is to prevent/reduce judical competition among the states.  I assume speaker phones with attys present.   **** This very act could quickly solidify this case ****

Me thinks IL has been handed jurisdiction on a silver platter AND is the child's home state.  Hopefully the judges will protect this child.

I think wally already knows this or feels this : mothers that could never pass a simple custody evaluation use jurisdictional issues to gain custody.

Maybe the maternal family could travel to IL to see where she'll graduate high school.


Davy

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RE: ...another thing....
« Reply #7 on: Apr 18, 2007, 10:14:50 PM »
I think she is far too stupid to be a smartass ... I' go with dumbass.

But the real problem is that she is so far into herself that nothing ese matters not even her child.

She places herself above man's laws and God's laws.

ocean

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RE: **UPDATE*** signed document with her chicken scratch....
« Reply #8 on: Apr 19, 2007, 02:54:56 PM »
I have dealt with reasonable. She would have to bring you back to court to get it spelled out sooo......I would just STALL.....tell her you have to wait and see when camp (or dance class ...whatever) ends. You will not be held in contempt because nothing is spelled out. If you can get her to e-mail or record a conversation from her with her craziness that would be good too. Sign her up for a reading program or something at school to help her catch up during the summer since she failing before. STALL STALL STALL until the 6 month mark.... How long have you had her so far?

wallyworld

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RE: **UPDATE*** signed document with her chicken scratch....
« Reply #9 on: Apr 19, 2007, 06:01:55 PM »
Ive had her four months thus far.  There is a return flight (from IL to FL, From FL back to IL) scheduled for June 5th.  With the current document giving me temp. custody, if I send my daughter will she have to make sure she is sent back in August before school begins?

So basically even though she wrote that she disagree's that IL is the homestate, by signing the document the judge automatically granted it to IL?

 

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