custody attorneys, paralegals and experts.... help me!!!!!!!!!!!!!!!!1?
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.
Answers & Comments
Verified answer
OK so whats the question? i am missing something.
I'm not too sure about it but I don't believe it is worth the paper it is written on. I did something similar a few years ago with my daughter and was told the notarized paper wasn't worth the paper it was written on but to be safe I would call an attorney and get a free consultation.....if money is a problem. If not, by all means go to an attorney and show him what you did and ask him if he has any grounds for trying to keeping your son. But I doubt very seriously it will hold up in court if he tries that route as it didn't go through a court. You yourself can become a notary public or even an ordained minister all on the internet. I really don't think you have anything to worry about.....but do check into it.
I am a paralegal in an office specializing in family law. I am assuming you didn't have your paperwork changed when your son went to live with his dad. If the reason you didn't take your son back was due to the storm and your inability to travel, no reasonable judge would punish you for that. As for your former husband sending the cops to your house, most law enforcement agencies don't get involved with custody disputes unless there is a legitimate cause for fear of kidnapping or some criminal act.
Hope this helps!
Now that is plain silly...If anything you have the weather on your side and plus what can he do? Just dump the child off? This actually could be to your advantage..however, be smart and never again sign a piece of paper or make any stipulations without an attorneys advice.
Also, document everything!!!. I tell this to my friend and she now understands why I tell her to do it...Her ex doesn't pick up the kids on his scheduled visit and if anything....this is going to help her so greatly in court....It's also gonna help her to whenever he tries to disadvantage her.....