Urgent custody matters including petition for ex parte

[Sajos DAD]

Hello everyone!

I've been searching the web for information on how to petition the court for ex parte custody order.  No luck, most of what I've found is related to disputing an ex parte order. Perhaps it is not what I need anyway! Any advice would be greatly appreciated as I unfortunately am unable to hire an attorney at the moment.

Here is a short history.

Ex-GF was awarded custody back in 2001 and moved out of state with our 2 children. 3 years ago when kids came for their summer visit she (mom) brought all their stuff and said she was leaving them to live with me for an unspecified amount of time but said it would be "years". Indeed it has! During the past 3 years she has maintained regular phone contact but has only excercised visitation of about 5-10 DAYS per year, where she would fly out to visit (she currently lives in CA and the kids and I reside in MI) She maintained legal custody and I didn't press the issue for fear that she would argue that the arrangement was only for a short time. (FOC was/is aware the kids were living with me).

Mom now wants to take kids out to CA for summer break. I don't object to this as long as I have a guarantee they will be returned before school starts up in the fall. I do not trust her as she has expressed an interest to the children that she wants to move them out there! Kids airline tickets are for June 2!

Is it possible to receive some help filing for an ex parte temporary custody  order (in MI)? Any forms available? (FOC said I needed to create one, sounds like BS to me)

Can an ex parte from MI be enforced in CA? Will it offer enough security to allow her to have the children for their visit?

Would I be a fool to send them out to CA before I have some type of custody order?

Considering my limited time, is there someone I may be able to call?  


Please Help!  Any and all comments GREATLY APPRECIATED!

Thank you all!


Sajos DAD

[FatherTime]

YOU ASKED: "Would I be a fool to send them out to CA before I have some type of custody order?"

I would say that you would be the fool.  I'm no authority on the subject though.  lol.

Get your butt into court asap.  Have a phone call in the court room with mother.  WAIT....

Research it out first.  Contact an attorney.  I think that it would be worth the investment.  Ex parte seems to be the way to go if an attorney is a definite "NO!". (tick.....tock....tick...tock)

Don't be afraid.  Be prepared. Prepared to show that you have had the children in your custody and care for the last six months and within your local courts jurisdiction.  Be prepared to clarify that the upcoming parental time with the children and their mother is not a significant change of circumstance, but limited in that; it is an opportunity for the mother to become more supportive of her chilren's needs. Get names, addresses (email2), phone numbers, contacts and referrals.  Give her no opportunity to conceal your children.

Attorney? No?  

(FOC...friends of the court...I'd be wary of FOC)  Sounds scary.  

Disclaimer: I'm not an attorney, nor authority on any subject. Seek legal advice.

FatherTime

Note... I think that you do want to show that there was a Change Of Circumstance in regards to the last official court order.  However, no significant changes within the last 3 years when you have maintained sole physical custody of your children.  But I'm no Liewyer. :)  

[mistoffolees]

I don't think it matters whether they visit the mother for the summer - as long as you make sure you get your filing in soon. If you petition your court for jurisdiction, they'll almost certainly decide that they have jurisdiction - since the kids have lived there for 3 years. Whether the kids are in your house on the day you file or visiting their mother shouldn't change that.

In principle, filing any time within the first 6 months after they leave to visit the mother should be OK, but you want to do it ASAP.

Yes, an order from MI can be enforced in CA. Child custody rules issued in one state are always enforceable in every other state. CA is different than the rest of the country, but not that different.   :-)

Personally, I'd find a way to see an attorney. As a non-legal expert, this doesn't look all that difficult, but if you mess it up, you could lose big time - even on a minor technicality. Since you're essentially asking the court only to order the status quo, I doubt if it would be very expensive. Many attorneys will give you a free consultation if you ask, so why not give it a shot to at least see what it would cost to do it right. You have a couple of weeks, so you should be able to get in to see an attorney in plenty of time.

Good luck.

[Davy]

Sajos DAD,

This is what I know.  Interstate custody matters are expensive and very time consuming.  

At this point, you have functioned properly and have been agreeable to the mother's wishes and demands.  I believe it is time for the mother to ante up and behave likewise.  

No doubt the departure airline tickets are non-refundable.  If that is the case DO NOT LET it greatly influence your decisions but try to accomodate that departure in consideration of the folllowing official documentation from the mother or a court :

- father has been the sole nuturing and supporting custodial parent for the last 3 years in MI.

- father is agreeable to children namely (name and ages, dob) visiting with their mother (name, age, dob, ssn) at (physical address) for the period (mmddyy thru mmddyy).  Mother is responsible for all transportation costs and HAS furnished proof of purchase of airline departure and return dates and time.

An attorney executing a motion/order ex-parte should be inexpensive and it is basically administrative to the court (5 minutes).  Using an attorney for this matter is recommended. If you need to do this yourself(prose') do so knowing that you are not held to the same standards as an attorney (U.S. Supreme Ct rulings).

Under the circumstances, I think the whole summer (whatever that means) should be limited to 3 - 4 weeks and returned home to condition themselves for the new school year.

Best to the children and you and mom !!!