Help, She signed the papers but...

[FL Step Mom]

Here is a run down...

BM has had the kids since the separation several years ago.  Since then she has moved around 20 time and the kids have been in and out of her mother's house, with and without her.  The oldest was failing 3rd grade and the youngest has other similar problems.

BM reciently decided to let BF and SM have the children during the school year.  Kids have been with us for over a month now, and already you can see a difference.  BM has even said so herself.  They signed the papers for custody change a few weeks ago but it has not yet been seen by a judge.

My question is... she just called and said she changed her mind.  (of course she called back an hour later and said never mind...) But what if she changes it again?  It is not yet official according to the courts, right?  I realize that eventually, a judge will see it and probably sign off on it, but what about until then?

What do we do if she calls again and says she has changed her mind again?  Can we just say 'no, you signed the papers'?  Is there some sort of emergency thing we can file?

Any advise would be very much appreciated.

FL Step Mom

[ocean]

Is it in the courts and you are awaiting the judge to sign? If it is already there, then she would have to go to the court and try to reverse it (but children are with you, going to school by you, and you have a signed paper stating you have custody). Let her talk, talk, talk......until you get the final papers. Good luck!

[FL Step Mom]

Thanks for answering.  The problem was this weekend, she had the kids for visitation.  Her boyfriend beat her up and she called her mom to see if she could stay there.  Her mother told her that she could only move back in if she had the kids full time.

What I was really worried about was going to retrieve the kids.  The way they get brain washed over there is awful. We would have to rip them screaming from the house.  Would we have to get police assistance to go get them?  And would they honor a paper that wasnt finalized?

Thanks again!

FL Step Mom

[Samson2005]

I saw this on another thread: #10508, "THIS MIGHT BE AN OPTION...."



http://www.deltabravo.net/files/CrimCustodInterfStatutes.pdf

[MixedBag]

in most jurisdictions.  Criminal codes were put in place to support kidnapping situations by non-parent people.

Dad doesn't have custody until there is an ORDER signed by the judge.

However, Mom's hands aren't totally clean either because she did sign a piece of paper that's on it's way to the judge.

Hope Dad got them back without any hassles....otherwise, it's been my experience that he'd have to wait for an order to be signed.

[FL Step Mom]

Thanks for everyone's input.  You guys are so supportive of each other, it is great.  I have read these boards on and off for about a year.

We did get the kids back and they are doing ok.  I am just concerned about the future.  We have been tip toeing around this women since she handed over the kids.  Every time she wants to see them for 1 hour, we drive them the hour there and the hour back so they can sit and watch TV with her for an hour.  

The court system doesnt seem to be moving very fast.  The papers are filed, but that is it, not even a court date set.  

Again, thanks so much for your help. And if anyone has any ideas on papers to file to hurry this along or to prevent her from taking them back, please share.

Thanks!

[ocean]

Did you file yourself? Can you call the clerk and see where it is? (and ask how long the "typical" wait is?)  I would be a wreck until the papers were signed too! Good luck!

[FL Step Mom]

Yes, we filed ourselves.  I will ask my husband to call and see what he can find out.  I have been checking online everyday to see if a date has been set.  

She has fines that are due today, and we know she doesnt have any money.  If she doesnt pay by today, she is supposed to spend 30 days in jail.  That would get her out of our hair for now, and also make her miss the court date.  Of couse everytime something really bad happens to her, she calls her evil mother who bails her out on one condition... she keeps the kids.

Thanks for your support.  Keep your fingers crossed!

FL Step Mom