temporary custody

[wallyworld]

Custody jurisdiction WAS Fl.  I live in IL.  Ex has moved over xmas vactation without telling ANYONE (her family in FL, her daughter, myself etc...)to NY.  She wants me to have my daughter now.  (as you probably recall).  She asked me to keep her before xmas (like 3 weeks ago) but then changed her mind saying she was getting a divorce from her husband instead of moving to NY to be with him.

WEll it was a ploy I am guessing to keep her family from knowing and trying to stop her.  

She is in new york now supposed to be getting an apartment today or tomorrow.

Her family has called me NONSTOP about this because I guess she won't answer the cell phone when they call her. HEr mother (ex's mother) was supposed to pick my daughter up at the airport NOT my ex.

Ex says that she will sign papers but doens't want it to be something perm.  as she may want her back when her husband gets to be a captain (he's a pilot).  BUT she will sign something granting me temporary custody.

eta:  daughter is with me now in IL and has been since dec. 26th

1.  How easy would it be for her to get her back in lets say 3-5 years with me having "temporary" custody.  (as im sure it takes that long)
2.  Does temp. custody orders usually turn out to be perm?
3.  who has jurisdiction now?
4.  would anything have to be filed in FL to give up jursidiction as no one lives there now? or would it all be done in NY or IL?
5.Would she have to file something to have temporary custody reversed back to her (as a court proceeding?)

[socrateaser]

>1.  How easy would it be for her to get her back in lets say
>3-5 years with me having "temporary" custody.  (as im sure it
>takes that long)

If the child is doing well with you, almost impossible.

>2.  Does temp. custody orders usually turn out to be perm?

Impossible to generalize.

>3.  who has jurisdiction now?

FL, but, because no one lives there any longer, you can file for modified custody in IL, after asking FL to decline jurisdiction under the UCCJEA. Or, you can wait six months and then file in IL without asking FL to decline jurisdiciton.

>4.  would anything have to be filed in FL to give up
>jursidiction as no one lives there now? or would it all be
>done in NY or IL?

See #3, above.

>5.Would she have to file something to have temporary custody
>reversed back to her (as a court proceeding?)

Depends on the temporary custody order. She CANNOT grant you temporary custody. She can delegate her custodial authority to you, but she can revoke it at any time, unless you get a court order restraining her, pending a new custody hearing.

So, if I were you, as you have the child in your care, I would go to court now in IL, and request temporary emergency custody under the UCCJEA on grounds that the other parent has abandoned the child to you in IL, because FL is the child's home state, the child is in your care in IL, and the other parent has permanently relocated to NY.

If you are successful and you are granted the order, then that would prevent the other parent from revoking her delegated custodial authority. Otherwise, you will need to do the process in #3, above.

[wallyworld]

"So, if I were you, as you have the child in your care, I would go to court now in IL, and request temporary emergency custody under the UCCJEA on grounds that the other parent has abandoned the child to you in IL, because FL is the child's home state, the child is in your care in IL, and the other parent has permanently relocated to NY."

would that be an ex parte hearing?

Is there a way to word it so that it doesn't make her sound bad as I think she would be ok with it (not fight it) if it didn't say abondonment.  How could it be worded without making her sound that the complete bad guy?

So there is absolutely no way to just enter an agreement between me and her with her giving me temp. custody even if that was the wording (It wouldn't hold up in court if she got a wild hair up her butt and changed her mind again)?

[socrateaser]

>would that be an ex parte hearing?

Yes.

>
>Is there a way to word it so that it doesn't make her sound
>bad as I think she would be ok with it (not fight it) if it
>didn't say abondonment.  How could it be worded without making
>her sound that the complete bad guy?

"Abandoned" is the word used by the UCCEJA, so it's the word you must use, and ex parte hearings are for emergencies, so if this isn't the situation, then you must use one of the other options.

>
>So there is absolutely no way to just enter an agreement
>between me and her with her giving me temp. custody even if
>that was the wording (It wouldn't hold up in court if she got
>a wild hair up her butt and changed her mind again)?

If you have a stipulated order, signed by yourself and your ex then you can ask the court to enter it. But it can't be temporary, unless you are agreeing to resolve the matter permanently at some future date.

[wallyworld]

All the attorneys I have spoken with say that I MUST request child support.  I don't want to as that will probably make my ex try to get her back.  Do I really HAVE to request child support.  Her husband is a pilot they say they will impute some of his income (the attorney's Ive spoken with).  I don't want a dime!

Is there a way around it as she is NOT working?

How can it be worded?

It's IL.

[socrateaser]

>Is there a way around it as she is NOT working?

The court can't ignore the issue of child support, because the child is an innocent and the State has mandated that the court protect the child's interests.

You can, however stipulate with the other parent to not have the court order it, as long as the parents agree that child support is not in the child(ren)'s best interests.

>How can it be worded?

how can "what" be worded? I don't know what you've decided to do.

>It's IL.
>

[Sunshine1]

"Child Support is RESERVED"...a court order I was helping modify had this wording and there was no award of child support.

But later they had a right to seek it....and did, that is what ended up happening in our case. MN jurisdiction, not sure if this works in IL.

[socrateaser]

A reservation of judgment is intended to permit the court to withhold deciding something until sufficient facts are available to render a decision.

WW wants to obtain an order reducing support to $0. I've already supplied the appropriate method to achieve this.

[Sunshine1]

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[socrateaser]

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