Do I have temp or perm custody....Update again....

[wallyworld]

She hasn't appealed it yet, not has she gotten an attorney to contact ours.  Exactly how long does she have to appeal the decision (we are in IL).

In the "the court finds section"
THis is what SHE agreed and disagreed to on the "court finds section" of the agreement (which my lawyer made a clean copy and he signed)-- FYI my attorney didn't change ANYTHING.  She signed her document 5 times because each place it had her name without her new married name, she wrote her married name next to it.

Agreed that IL had jurisdiction to hear custody case previously ruled to in the state of FL---- she didn't circle this and write anything next to it.  So it stood.

Disagreed that IL was the homestate-- because she agreed to IL having jurisdiction I don't think that mattered...

Disagreed that I have custody and wrote temp. next to it.

In the It is herby ordered section this is what she circled and how it was written on the clean judge signed copy.
It is ordered that:
Custody transferred from mother to father-- she did'nt circle anything and write anything so my attorney kept it the same (no temp. written next to it)

My cs stops -- she wrote agrees to that is in the new order

She doesn't pay cs-- or course she agreed to that

I get the tax deduction for now on --- disagreed so left out and it will still be every other year alternating as that is what current court order gave me.

So do I have temp. or perm custody?  as in the "finds" section it says temp. and in the "ordered section" of the order it says "custody".

Help please.

how long does she have to appeal?  anyone have any estimations?

[Jade]

>She hasn't appealed it yet, not has she gotten an attorney to
>contact ours.  Exactly how long does she have to appeal the
>decision (we are in IL).
>
>In the "the court finds section"
>THis is what SHE agreed and disagreed to on the "court finds
>section" of the agreement (which my lawyer made a clean copy
>and he signed)-- FYI my attorney didn't change ANYTHING.  She
>signed her document 5 times because each place it had her name
>without her new married name, she wrote her married name next
>to it.
>
>Agreed that IL had jurisdiction to hear custody case
>previously ruled to in the state of FL---- she didn't circle
>this and write anything next to it.  So it stood.
>
>Disagreed that IL was the homestate-- because she agreed to IL
>having jurisdiction I don't think that mattered...
>
>Disagreed that I have custody and wrote temp. next to it.
>
>In the It is herby ordered section this is what she circled
>and how it was written on the clean judge signed copy.
>It is ordered that:
>Custody transferred from mother to father-- she did'nt circle
>anything and write anything so my attorney kept it the same
>(no temp. written next to it)
>
>My cs stops -- she wrote agrees to that is in the new order
>
>She doesn't pay cs-- or course she agreed to that
>
>I get the tax deduction for now on --- disagreed so left out
>and it will still be every other year alternating as that is
>what current court order gave me.
>
>So do I have temp. or perm custody?  as in the "finds" section
>it says temp. and in the "ordered section" of the order it
>says "custody".
>
>Help please.
>
>how long does she have to appeal?  anyone have any
>estimations?
>
>
>

Ask your attorney, he is probaby the best person to give you an accurate answer.  And once permanent custody is established, file for child support and have it written into the order that you get the exemption if there are any arrears.  Right now, she has  a  free ride.  You should be getting at least the  exemptions since she isn't paying child support.  

[MixedBag]

time limit to file an appeal to an order?

I don't know.

[mistoffolees]

I'm not an attorney and don't live in IL, but I did a google search and it looks like it might be 30 days:
http://www.divorce-lawyers-chicago.com/procedure.php

However, better to see an attorney who is actually familiar with the facts.

[Davy]

30 days and probably a 3 judge appellate court.

Appeal an AGREED order from out of state ?  I seriously doubt it since time and cost would render such action impractical especially considering the appellate court's likely rejection.  

Moreover, FL would be a much more convenient, less expensive, expedient and favorable forum to the oposers.

It would not surprise me if the FL folks are waltzing around with "6 months" and "home state" stamped on their foreheads awaiting your daughter's arrival inside their state line.  

FL may consider that IL negated their order and will turn around and negate the IL order finding the mother in contempt for naming IL the jurisdictional state after FL court decided they had jurisdiction.

BTW, did the IL order address or provide for visitation of the child ??

Of course your current order is temporary because it does'nt say permanent anywhere.  Hey Dad, it doesnt really matter !!

[wallyworld]

so with this order.  If I send her for a summer visit--- if she petitions NOTHING in court (as I don't think she will).  She will have to return her to me right?  She agreed that IL had jurisdiction.  My FL lawyer said EVERYTHING has to be heard in IL now and nothing needs to be filed in FL.  I have an appt. with my IL attorney the 15th cuz if there is ANY chance of losing her due to technicalities im not sending her.  The order just says  custody to me subject moms right to visit the child at all resonable times and places.  Whatcha think?

[MixedBag]

Well, I told you what I think.

Hope you received it.

[mishelle2]

I think it gets tricky when you cross state lines, my step daughter lives in FL we are in CA.. we had to have our order of visitation written very specific, I would send a letter certified from your attorney to her stating what you are willing to allow for summer visitation, who will pay for travel expenses, that you will receive her portion of paid itinerary prior to her departure to moms house, to ensure proper return.. following is an example of what we do>...

child will spend 7 weeks of summer in CA with father, from May 26 to... father will pay for flight from FL to CA and provide mother with paid itinerary no later than 30 days prior to departure,  mother will pay for flight from CA to FL and furnish father with paid itinerary no less than 30 days prior to childs return to FL, if mother fails to provide paid itinerary child stays in CA until such is provided, no flights will leave FL or CA before 8 am and child will not fly on last flight of the day


we have joint legal custody.. mom has physical.... but mom is always the one causing issues.. and last year didnt supply return ticket.. this year everything may change as child is 85% likely to have to repeat the 8th grade.. the good thing is we got FL to kick the case to CA as this is where the child is from and father never left nor ever gave mother permission to move away..(mom just packed up one day and took off with boyfriend,, it took us 3 years to find her, she had child support forwarded by a family member).. even though child has resided in FL for 7 years.

just my 2 cents.. >> :)