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Author Topic: still can't figure it out. temp or perm, stupid atty-daugher leaving in one week!  (Read 1971 times)

wallyworld

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copy and pasted this from old post so you remember my situation:
Do I have temp or perm custody....Update again...."


"She hasn't appealed it yet, not has she gotten an attorney to contact ours. Exactly how long does she have to appeal the decision (we are in IL).

In the "the court finds section"
THis is what SHE agreed and disagreed to on the "court finds section" of the agreement (which my lawyer made a clean copy and he signed)-- FYI my attorney didn't change ANYTHING. She signed her document 5 times because each place it had her name without her new married name, she wrote her married name next to it.

Agreed that IL had jurisdiction to hear custody case previously ruled to in the state of FL---- she didn't circle this and write anything next to it. So it stood.

Disagreed that IL was the homestate-- because she agreed to IL having jurisdiction I don't think that mattered...

Disagreed that I have custody and wrote temp. next to it.

In the It is herby ordered section this is what she circled and how it was written on the clean judge signed copy.
It is ordered that:
Custody transferred from mother to father-- she did'nt circle anything and write anything so my attorney kept it the same (no temp. written next to it)

My cs stops -- she wrote agrees to that is in the new order

She doesn't pay cs-- or course she agreed to that

I get the tax deduction for now on --- disagreed so left out and it will still be every other year alternating as that is what current court order gave me.

So do I have temp. or perm custody? as in the "finds" section it says temp. and in the "ordered section" of the order it says "custody".""

1.  She never appealed it!
2.  lawyer has cancelled appt. 2 times and my daughter is set to leave in ONE WEEK
3.  appt. with attorney is now scheduled for tomorrow!
4.  Is it safe to send daughter now that she didn't appeal it?
5.  is there ANYTHING she can file in FL to regain jurisdiction there? or will everything have to be filed here?
6.  she is now working.  making about 28000 a year.  The order says no child support until she finds job and then she must notify me within one week.  Ive done the calcs. and IL she would be paying me 300 or so.  and in fl. she would pay 400.  Should I file now or when my daughter comes back after summer?  Which state will figure it IL or FL?  When she had cusotdy IL figured it...(she's in FL and always has been, ive always been in IL)


ocean

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I am not a lawyer but I would not send child. Let this straighten itself out with the lawyers and then send her for the rest of the summer.

In my DH divorce papers, they both crossed out parts and then they both signed their initials next to that part. Did you sign the paper after she crossed it out? It sounds to me that you have temporary custody unless the courts did not accept her "Cross out"....

Good luck tomorrow...

mishelle2

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do you have a copy of what the judge signed? it should say everything in detail if there is confusion.. dont send her...file a motion to clarify to have the judge give you exact text... but I wouldnt send her till you have this straghtened out.

 

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