Messages

[it is best for the child]

 
In my strong but humble opinion I believe it is best for the child that "custody of the child" be formalized via a court order naming the father just like it names the mother and the child's birth certificate carries his last name.  It is best for the protection of the child now and in the future and even extends to his children.  There are many reasons.

Further, an attorney (officer of the court) or another spouse can not restrain parents in any way without just cause and a legitimate judical process.  Defacto custody is for the party providing primary responsible care  of children.  Likewise a support order and marital status does not determine parentage..... wait a minute .... some states tags the mother's husband as the father absent DNA.

Again, Boogersmomma, it is important to note that we are not attorneys and that practices are different from state to state and each of our life experiences are also different.  In addition, we do not know your enviroment so take all of our responses as suggestions or recomendations in support of your endeavors FOR YOUR CHILD.

In my opinion, Booger has been kidnapped and your parental rights have been terminated thru a manipulation of state/county  social policies and statues (ie Probate).  In essence, a form of child abuse.  Gaining guardianship was probably a matter of filing a simple form in the county Probate office claiming the child / mamma  were indigent or some like verbage (ie drugs, bad life choices, etc).  A county attorney (free) likely handled all the legalese.

I would PROBABLY create a document with the title "Affidavit in support of termination of the guardianship of (child's name)" followed by a narrative of the reasons for termination.  Emphasize that children are  best served in the full custody of a parent without interference of non parents.  Note how Booger is currently acting out and if you think it is necessary include narrative of how you have changed your life.  Personally, I think it best NOT to critisize yout mother or her husband.  At the same time I would have a separate document "additional Affidavitt" detailing the irrational gameship and abuses.  Present this document if you deem necessary (which it probably will be).   Your primary objective is on the well being of Booger.

Boogermamma, you have presented yourself very well in your posts and you could use much of this narrative when presenting for Booger.

In brief, I am writing this for my daughter.  Once upon a time, I received a notification that she (age 16) had been put up for adoption in  Illinois probate.  When I contacted the court from Tx the county administer/judge told me the letter was just a formality that I had no rights.  Very pointedly, I told him to advise the county attorney that he will stop this proceeding if he wanted to keep his law license.  And "him" also.  Your situation has not reached this level so just keep your cool and focus.

BTW, there was a 2.5 year absent for my kids and we handled all the BS .... like you, I had been the involved and nuturing parent so all will likely be good once you get the government interference out of your lives.     

I'm also interested in MB's inquirys.

Let's hope the court did not quiz the petitioner as to the location of the abscounding parent since the Ex Parte filing serves that purpose.  The pressing issue is locating and returning the child(ren) so hopefully the court did not remain silent on that issue. 

The appropriate legal filing is titled something like (it has been a long time ago for me) "Ex Parte Motion for Emergency Temporary Custody" and it appears that is what has been filed.  In reality, the parent that filed is the ONLY person in the court house entitled to custody of the child (ren) and will win the motion hands down especially since no one else is requesting custody.  It would be most difficult for a court to award custody to a non-existant pseudo parent.  At the same time, a court CAN NOT DICTATE the content of a legal document.

Again, a parent must be granted legal standing (ie CP) to protect a child.

Case in point.  When this young atty rode (horseback) the circuit he submitted a Motion to Squash to stop rooting pigs from squealing under the court house.  The atty's name was Abe Lincoln.

MB and Ocean please re-read the original post.  Locating the child far outweights everything else.  Actually, one parent has no obligation to know the location of the other parent.

"Ex parte" is legalese everywhere in this country to clearly define "without notice" to another party otherwise deserving of notification in a legal matter.  If a child is missing (ie whereabouts unknown) then it is NECESSARY for a responsible party to obtain a "custody order" in a competent jurisdiction.  When a missing, exploited and "at risk" child is located the authorities will immediately know where the child should be returned. 

This matter should be turned over to your sherriff's department and / or state's attorney for criminal investigation.  Those entities have tools and resounces not available to a citizen (and civil court).

Bottom line.  Children in these situations need to be PROTECTED. 

In addition to Waylon's very valued and appropriate response it might also be helpful to interface with the "Illinois Fathers" group.  You MAY gain advice on specific attorneys/courts/judges/statues etc in your area. 

I believe they have been around for approx. 5 years and have grown with contact resources in numerous areas of the state including Cook.  They recently headquartered in Sangamon county and boast of just short of 50 % female membership in support of their endeavors. 

Best to ya !!

There was a central Illinois case years ago (b4 joint) where the so called CP decided to move the children approx. 100 miles to STL.  The father was able to defeat that out-of-state move.  Then the CP says OK .. she will move the children approx. 250 miles to Chicago.  The father was able to prevent the children FOREVER moving more than 25 miles from his location.  I understood the basis of the case was that "children deserve to have a relationship with both parents" regardless of the CP desires.  I suspect the school systems played a small part but the father would have won the battle on that basis as well.  This father was an acquaintance with a very close mutual friend.  Several years later I checked with the mutual friend and the children were enjoying a close relationship with both parents and thriving in life.  THE CHILDREN WON !  Thanks to Rocky (Dad).   

The best you can do for yourself and child is to return to your child's home state and make life work.  Children deserve a relationship with both parents.  Your situation is now operating under national standard acts and Federal statues (Parental Kidnapping Prevention Act) due to your abscounding with child to another state.  Your mother's interference may also come into play. 

 

Deleting this thread is the least of issues given that you are interfacing with the opposing attorney with the blessings of your son's attorney.

Waylon's advice would be a starting point.