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Author Topic: help fast????  (Read 4132 times)

socrateaser

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RE: help fast????
« Reply #10 on: Jul 25, 2005, 10:29:16 AM »
I have questions for you, first:

1. From which state is the current custody order?

2. In what state do you reside?

3. Where has the child resided during the past six months?

4. Where did the child last attend school?

5. How young is the child?

6. Has the child indicated any desire to live with the other parent?

7. Have you had any recent difficulties with the child's challenging your authority?

8. Why were you given custody in the first place and why was the other parent's custody/visitation suspended by the court?


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

If the clerk doesn't have the order, then the only way to find out is to either wait until you're served with a copy of the order, or try to find out the name of the judge who signed the order, and then call his/her chambers and ask his/her assistant.

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

Temporary orders in family law frequently are open ended, until a court makes a final order.

>3. 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?

I don't have enough facts to give you any further advice until you answer my questions above.


foughtandwon

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RE: help fast????
« Reply #11 on: 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)



socrateaser

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RE: help fast????
« Reply #12 on: Jul 25, 2005, 12:22:39 PM »
OK, you need to file for an emergency temporary custody order in LA, on grounds that your child has been living with you for the past year, and that the other parent has told you she will not return the child at the end of visitation.

If you do this, BEFORE you are personally served with the temporary order from AZ, then you will get your order and it will get precedence over the other parent's AZ order, even though that order was filed first.

If you don't, you will be screwed. I suggest that you drop whatever you're doing right now and find a local attorney, because you're not gonna be able to pull this together without one.

As to your comment about not being able to afford legal representation, my advice at this moment is that you cannot afford to NOT have it. So, open up your piggy bank, or find a credit card, because you are at VERY serious risk of losing the child again.

foughtandwon

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RE: help fast????
« Reply #13 on: 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?


socrateaser

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RE: help fast????
« Reply #14 on: Jul 25, 2005, 12:53:30 PM »
>so you mean that she has a chance of turning this whole thing
>around and regaining custody?

Yes.

>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????

Yes. If the child has lived in LA for more than six months, then an LA court can assume jurisdiction to permanently modify custody, and also to issue a temporary restraining order granting you custody until a permanent order can be made.

>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?

She can say that, but if you're in the military, I believe that the guardpost can accept service of process on your behalf (not positive). You also have an obligation to provider her with your address, but I wouldn't worry about that for the moment.

What matters is what the child would say, if out of earshot of either parent, about where he/she wants to live. Kids are easily manipulated when in their parent's presence, not so when they aren't.

Either way, if you're typing to me, you're wasting time. You need an attorney and you need a temp order and you need it T O D A Y ! ! !

So, move, soldier.


foughtandwon

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RE: help fast????
« Reply #15 on: 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



foughtandwon

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RE: help fast????
« Reply #16 on: 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





socrateaser

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RE: help fast????
« Reply #17 on: Jul 25, 2005, 02:41:47 PM »
>
>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

Both of these attorneys should be disciplined by the State Bar Committee for incompetent representation:

"Louisiana Revised Statutes ยง1702.  Jurisdiction

A.  A court of this state which is competent to decide child custody matters has jurisdiction to make a child custody determination by  initial or modification decree if:

(1)  This state (i) is the home state of the child at the time of commencement of the proceeding, or (ii) had been the child's home state within six months before commencement of the proceeding and the child is absent from this state because of his removal or retention by a person claiming his custody or for other reasons, and a parent or person acting as parent continues to live in this state;" (underlines added)

I believe that the above represents your exact circumstances.


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

Sounds reasonable.

>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

If the child is enrolled in school, you should obtain those records from the school (or any other records) that will prove the child has been living with you in LA for the past six months.

The judge is not permitted to communicate with you, unless the other party or her attorney is also present.

foughtandwon

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RE: help fast????
« Reply #18 on: 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?


socrateaser

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RE: help fast????
« Reply #19 on: Jul 29, 2005, 10:27:36 AM »
>should i call and talk to the therapist now or should i wait
>to get an attorney first?

1. Call the County courthouse in AZ where the mother lives.

2. Ask the clerk if a petition/motion/order has been recently filed in your case. If so, then arrange to get a copy of the papers. If the clerk can't fax or mail without a written request from you, then either send a request overnight mail or hire an AZ attorney service to go to the courthouse and get the papers and fax them to you.

3. Obtain proof that your child has been living within the jurisdiction of LA for the past six months, via enrollment/attendence docs from school.

4. If new orders have been filed in AZ, then retain an AZ attorney to present your proof of the child's continuous residence in LA for more than the past six months, and ask that the court set aside the temporary order and send the child back to LA. If no new orders have been filed, then find a LA attorney, send him the text of the LA statute that I previously provided you, and your proof of attendence, explain the situation, and then ask him/her why that statute does not apply to the current situation.

3. If you are given a rational, legal explanation as to why the statute doesn't apply to the current circumstances, then you can safely cross out this possibility. Otherwise, the attorney should immediately go to the county/parish courthouse and file for emergency custody of the child, on grounds that he has continuously lived in LA for the past six months, and the other parent is refusing to return him to your care.

4. If the above explanation is rational, and the LA attorney refuses to plead your case locally, then hire an AZ attorney to file a motion for temporary custody in AZ, on grounds that the child has lived with you continuously in LA for the past six months, once again providing your proof of enrollment/attendence to the court.

That's my advice based on your posts. There may be other facts of which I'm not aware that would change my analysis, but so far, nothing that you have posted has changed my opinion re what to do from my original advice.

 

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