chicken scratch on SIGNED edited w/more info.

[wallyworld]

She's in FL (again she left NY).  Im in IL.  She gave my daughter to me in 2002 but regained custody when I tried to make it legal.  My lawyer messed up, had us file before the 6 months and we lost

She gave her to me again this dec. 2006, moved to NY without telling anyone, and said she would sign cusody over to me if i had my lawyer draw it up.

she's held onto the drawn up agreement for 3.5 months and then we recieved that below.

Right now it was ordered in 2002 that FL has jurisdiction of custody.  And because she's back in FL from NY im sure that FL still has jurisdiction.

BUT she still signed.  Can a judge ignore her chicken scratch because it is a LEGAL document that was drawn up (through my attorney)?


So I received the SIGNED custody agreement that was for me to have custody.  Well she decided to circle things and write "agree" "don't agree" on it.  She "didn't agree" to the facts part that it was in the best interest to give me to  custody, but wrote temporary next to it.  She didnt agree that IL was the homestate of the minor child.  BUT where it said it is herby ordered:  she forgot to circle and write don't agree on the part awarding me custody.  

She signed the document though.  What will happen.  Will the judge throw it out and laugh at it.  My daughter has onlyu been in IL for 4 out of the 6 required months.  so tech FL still has jurisdiction.

she is not acting like she wants her back.  What should I do?  I would tech. have to return her unless I can hould out until june 26 wihtout sendign her back.  Right now her dad has booked a RETURN flight for june 5th as my daughter misses ALL her maternal family abnd they were expecting a summer visist.

[Davy]

Please Wally

... based on your past posts the mother abandoned the child in Fl and established residency in NY (and is birthing another baby).  You are well established and have remained in IL during all custody proceedings.

It is the basic premise of governing state(s) (UCCJA) and Federal (PKPA) statues to protect and provide stability to child(ren).  It has been a long time but that is pretty much word for word the preamble to the PKPA.

These governing statues clearly state as such :
"where the child has resided for at least 6 months AND one party to the most recent custody determination remains in the state".

IL clearly is now the jurisdictional state.  What interest would FL have in a child where neither proper custodian lives in FL ?  I know FL thinks a child can wander around Disney World but we know better.  

In the day, I was most fortunate to find two low cost IL attorneys (Dupage/Sangamon) over the phone from Tx. that took the ball and ran with it while my TX family law attorney said "those statues were not created for you (ie fathers) ".  My children prevailed (mostly).

Stop the GP's interference and influence ... they are the reason the mother acts likes she does.    

 

[mistoffolees]

I'm not clear what you're asking or where you are in the process.

If I understand correctly, the child has been with you for 4 months in IL. Is this a first custody determination or are you trying to change custody? Do you have a hearing scheduled before June 26? Who currently has legal custody? What is this custody document you're referring to? A court order?

The one thing that is pretty clear from what you've written is that FL has jurisdiction. If you try to hold out until June 26, you have two issues. First, she can accuse you of fleeing the state with the child in an attempt to steal custody. She would probably be granted an emergency order and would probably win. Second, you can't file for anything in IL until June 26 and then it will take time to get court time and get a resolution, so you're going to be holding her considerably longer than that. I think you're playing with fire unless you have something from the court giving you permission to have her indefinitely.

Without knowing the details of the situation, it's impossible to give advice. Everything you've written is too ambiguous.

[Davy]

Wally

You editted your original post which failed to mention the mother is back in FL.

Is the mother in FL just for the weekend or a visit ?  

Will the mother be around FL in June 2007 ?

Did FL court determine FL the proper jurisdictonal state and was that before or after the mother abscounded IL with the child ??

Why would the mother move a child to FL away from the child's father ?

Did the GP ask the child's parent (that's you Dad) if it was OK for the child to visit in FL with a departure on June 05 ?

Why did you ( or attorney) create an agreement using legal jargon such as 'custody' and 'home state' when the whole idea of the agreement was for the child's best interest ?  (PS CS amount was not in the child's best interest).

What were you thinking for over 3 months when the mother did not return the agreement ?  

Did you and your attorney expect the mother to agree to the terms of the agreement as set forth ?

Many on this board have responded to your posts ...........

[wallyworld]

To answer your questions:

She moved to tampa and set up residency there as her new husband moved there(NY only last about 1 month).

I have no clue where she will be in June of 07 as she moves at whim.  Probably so though.

IL determined in 2002 that FL had jurisdiction not IL.  that was how I lost in 2002 when she gave her to me the 1st time.  My lawyer had me file before she lived in IL for 6 months.

My ex NEVER resided in IL.  I was in the military.  I was deployed for 6 months when I came back to VA (as that was were we lived) I found my apartment abondoned and my wife and daughter gone (this was 1998). I finished my service in the military (Virginia) and then moved in 2000.  I obvisouly couldn't go awall and follow her to FL.  She has always resided in FL.  I met my current wife and moved from VA to IL in 2000.

My daughter told her grandfather when the last day of school was I talked to him and told him if the agreement was signed that I would send her.  HE said he would make sure of it.  He paid for a ROUND TRIP ticket.  

Not sure what you mean by why did my attorney draw up a docuemnt using legal jargon.  ONly thing I can think of was because before in court (2002 when I lost in IL) the IL order stated that FL was the homestate; therefore, all custodial issues had to be filed there.  I know that her not paying my daughter cs is NOT in her best interests BUT she will not sign custody over with an agreemtn(freely, ie:no court) if she has to pay.  That does not mean that I will not ever go back.  I just know that it is in the best interests of my daughter for her to be here.  

My attorney said that the min. she moved back to fl i had to wait 6 months before I can file anything in IL or else I have a great chance at losing jurisdiction again.  I dont want to blow it again.  That is why ive been "waiting"

The mother said she agreed with the order that is why it was written.

btw.  I am still paying the mother childsupport for our daughter while she is residing with me. 350 per month.

not sure what you mean by many have responded to my posts.  I am grateful that many do and that you and all others help me out.  thanks

[williaer]

I'm confused- why not just file in Florida? Go to the last county your child lived in- have the attorney write up a motion to reallocate parental rights and responsibilities- and an order to keep mother from removing child from IL and be done with it. Who cares where the order comes from, as long as it coes. Then you don't have all of these "worries" about 6 month time periods.

[wallyworld]

Because if it's in FL, she'll easily be able to "fight it" with a lot less difficulties than in IL.  I also cannot take time off to do it in FL as my vacation isn't available until august.  

[jcsct5]

I agree that you should wait until the 6 months is up in IL to file. Unless the agreement as signed with chicken scratch and all is what you want. Then file in FL then after the 6 months request a change of venue to the childs home state. One catch though. If the agreement was just signed and not notarized good luck getting any judge in the world to order it.

I think you should have never agreed to send the child anywhere until you had a court order saying she lived with you and she had to send her back. Perhaps you ought to see if you can have the ticket moved to another date later in the summer so that you can file in IL in June and get a temp order prior to sending her for a visit.

[mistoffolees]

>I agree that you should wait until the 6 months is up in IL
>to file. Unless the agreement as signed with chicken scratch
>and all is what you want. Then file in FL then after the 6
>months request a change of venue to the childs home state. One
>catch though.

I disagree. He has not been clear on issues like who has court-ordered custody and so on. If the BM has custody and he holds the child in IL after she asks for the child to come back, he could be charged with kidnapping.

He needs to discuss this with an attorney where he can provide the FULL background.

[ocean]

I would keep child with you until the 6 month mark. You can file in a couple of weeks so that way you get a court date at the 6 month mark. Call Grandpa, and tell him you are sorry but child is "busy" until after that June date. Could he change the flight tickets until end of July. Blame school/summer activities/camp. Then when you have custody, seh can go OR they can come to you.
Good luck!