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Author Topic: my own witness  (Read 1012 times)

WhatToDo

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my own witness
« on: Nov 22, 2006, 09:42:07 PM »
Today I signed something that I wish I hadn't. IT's a stipulation that BM's attorney wrote up. THe thing is, I signed as my own witness. Does anyone know if this is legal? Can I use this as an excuse to get out of this agreement?

So...basically I signed where it asks for defendants signature and where it ask for the defendants WITNESS signature. Any thoughts???


MYSONSDAD

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RE: my own witness
« Reply #1 on: Nov 23, 2006, 08:30:10 PM »
I just went to read Soc's board. You have much of the same problems that I did. I ALWAYS refused to sign anything. Was also refused time with our son, more then 100 contempts, my attorney used them to modify custody. She ended up agreeing to everything I WANTED!

You did not say if you have a CO, if you do, go on your CO parenting time, stop somewhere close to her house and get a receipt, even for a can of pop. Bring someone you know you can trust to testify in court, have them document, Local Police did nothing for me, but if your in a rural area, you might have better luck with the County Sheriffs office. They never refused to write a report for me. If you deal with a Police department, ask for a civil standby, let them know you are trying to keep things peaceful for the exchanges. Then ask for a incident report. It will show you made the attempt. Go everytime, it will send a message to your daughter, you want to be with her.

ALWAYS DOCUMENT, ALWAYS

You could try bringing a camcorder and record her refusals. Why has she denied you since April?

What State are you in? In my State we have a Criminal Interference of visitation Statue. Do you have an attorney?

Sorry to ask you so much, but I seldom get to the boards now.

WhatToDo

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re
« Reply #2 on: Dec 05, 2006, 09:45:05 AM »
Sorry it took me so long to respond. We've been very busy. Yes there is a court order in place. It says that my fiance' gets visitation every other weekend and reasonable phone access. We (me and my fiance') sent BM a letter of intent to visit. We told the local police what was going on and they agreed to sit and wait with us. Of course BM never showed up so he wrote a report.

We are documenting everything. We have all of our phone records and emails from BM denying visitation. We recently moved so we are finding a new lawyer in our new location. We met with one last week and we are meeting with another one possibly this week.

We don't know why she has denied us visits since April. She was being SOMEWHAT cooperative before we moved here but I'm assuming it was because we lived 300 miles away and only got to visit once every other month due to money reasons. She didn't feel threatened by us. Also, her live in BF left the country for about 4-5 months. This was when BM was the nicest. BM's BF returned in May. I think it's possible that BM was feeling guilty about SD's "other daddy" being out of the picture so she let my fiance' (the real dad) be a part of his daughters life to fill the void. Of course I don't know about that for sure, Just seemed a logical explanation since as soon as the BF returned, BM cut off visitation.

We are going to go for contempt again as soon as we get a lawyer secured. BM is being totally unreasonable and tells my fiance', every time she talks to him, that he isn't trying hard enough. ( I think moving more than 300 miles so we can live in the same town as his daughter, shows that he's trying pretty damn hard.)

The last conversation BM told him that it didn't matter if we took her to court because nothing was going to change. She said "I have custody and what I say goes." I just hope that some judge, someday, will show her that what THE JUDGE says GOES!

So...It's looking like this will be yet another christmas that my fiance doesn't get to spend with his daughter...

 

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