I have custody of my son, the custody decree specifically says "joint decision making; parenting time reasonable & liberal; petitioner(that's me) primary residenture parent; child to live with petitioner during school year." I had him up until he went to stay the summer with his dad & then at the end of the summer he asked if he could live with his dad. As much as I didn't want him to leave me, I let him try it. By Oct he wanted to live back w/me. I planned to wait and make the exchange during Christmas break so he could at least finish the semester. Then a few days before I was suppose to get him we had a major snow storm and was unable to make the 4 hr. trip to get him. His dad made me sign & notarize a statement saying I would take him back after the break in order to put him on the train. There was no way I could drive over the pass. Will that piece of paper hold up if he brought the cops here? It only says that I will drive him back after the break, nothing specific.
2007-01-04 15:42:34 · 2 answers · asked by Tara F 1 in Family & Relationships ➔ Marriage & Divorce
Not a legal "expert" so answer can only address what you have stated in your question. that being said.....
"live with petitioner during school year" (you) C. O. states child will live with you during year. But, son wanted to live with dad during school year? (if I understand correctly) And you let him. but child wanted to move back with you? I don't understand how the Ex could "make you" sign anything returning the child after the Christmas break. But, be that as it may you did sign the dang thing.
This is just my opinion on what is or could happen,,,,,,,
Net result is/could be,, Ex will take that signed paper, and all the documentation (you can bet your but he has plenty!) go back to court and try to get FULL custody of your son. You can bet your "rear end" the first thing he's going to show the court is the paper you signed agreeing to return the son after the Christmas break !! Then he's going to say, "Your Honor, the original decree said Son was supposed to live with her (you) but obviously she didn't want him as she allowed Son to live with me even during the "school year". Depending on how old your son is and if the Court allows/disallowes children to testify, the part about "Son asking you to live with his dad won't be allowed." (son won't be able to say he "asked" to stay with his dad during the school year!)
"piece of paper" ???? You need to be very specific, Was it a court order?? None the less it was notarized so it's admissible in Court. (Over and above just signing a piece of paper)
Still with me on this??
Do YOU have anything in writing with his Signature and notarized he agreeing to the "original decree" but allowing Son to live with him during the school year?? I bet not, but really hope I'm wrong.
As is,, bad as you don't want to hear this,,, Ex is trying to get full custody. Get your Attorney on this RIGHT NOW !!
Wish you the best ! Sorry it's not what you were hoping for......
2007-01-04 16:37:18 · answer #1 · answered by logicalanswer 4 · 0⤊ 0⤋
Well if it snowed and you could not get him I dont think it will..its not like you forgot him_
2007-01-04 15:48:11 · answer #2 · answered by Chickybabe 6 · 0⤊ 1⤋