Lost Motion for temp orders- what now?

[Ohiogal]

Yes within grandmas school district boundaries. really unfortunate If I would have known that he was going to lie and state that my child lived with his mom while he was gone, I would've changed her to the school in our district.

He can prove what he is saying. For you to prove it, you would have to admit to breaking the law. You would have to admit to cheating the school district and most likely being prosecuted. School districts have started doing that. Grandma's address being used to enroll the child is proof that the child lives there -- and if she didn't live there, it is proof that the parent (YOU) LIED and committed fraud.

I have and still trying to obtain as much evidence/documents that proves that she's always lived me with me so the judge will reconsider the 'temp orders'. The school is the only document that is in their 'side', if you will.

That is a BIG document on their side. Because you committed a crime by enrolling her at an address at which she does not live. It is fraud.

But you can also see it as, my child is 10 and has always had school address at grandmas. That does not look well. unfortunate unfortunate. I always maintained a close relationship with his parents. There are no 'hard feelings, I am hoping they will tell the truth if/when we have to subpoena them.

I never knew custody battles were so time consuming. I will stay positive, this is a clear mistake and I will prove myself to the court.

Prepare for grandma and dad or their attorney(s) to then use your testimony in a criminal complaint to the prosecutor and for you to face criminal proceedings possibly as well as be solely responsible for paying the costs of educating your child in grandma's school district. You can't have it both ways> Either the child lived with grandma and was legally enrolled, or you illegally enrolled your child and can face criminal penalties.

 

[Ohiogal]

Under Utah Law 53A-2-201:

53A-2-201. Child's school district of residence -- Determination -- Responsibility for providing educational services.
(1) The school district of residence of a minor child whose custodial parent or legal guardian resides within Utah is:
(a) the school district in which the custodial parent or legal guardian resides; or
(b) the school district in which the child resides:
(i) while in the custody or under the supervision of a Utah state agency;
(ii) while under the supervision of a private or public agency which is in compliance with Section 62A-4a-606 and is authorized to provide child placement services by the state;
(iii) while living with a responsible adult resident of the district, if a determination has been made in accordance with rules of the district board of education that:
(A) the child's physical, mental, moral, or emotional health would best be served by considering the child to be a resident for school purposes;
(B) exigent circumstances exist which would not permit the case to be appropriately addressed under Section 53A-2-207; and
(C) considering the child to be a resident of the district under this subsection would not violate any other law or rule of the State Board of Education; or
(iv) if the child is married or has been determined to be an emancipated minor by a court of law or by a state administrative agency authorized to make that determination.

It continues but quite frankly unless the child is a resident in that school district, the child is enrolled illegally.

Also the next section 53A-2-202 states:

(10) (a) Intentional submission to a school district of fraudulent or misleading information under this part is punishable under Section 76-8-504.
(b) A school district which has reason to believe that a party has intentionally submitted false or misleading information under this part may, after notice and opportunity for the party to respond to the allegation:
(i) void any guardianship, authorization, or action which was based upon the false or misleading information; and
(ii) recover, from the party submitting the information, the full cost of any benefits received by the child on the basis of the false or misleading information, including tuition, fees, and other unpaid school charges, together with any related costs of recovery. (c) A student whose guardianship or enrollment has been terminated under this section may, upon payment of all applicable tuition and fees, continue in enrollment until the end of the school year unless excluded from attendance for cause.

Would you like to know what else can and will happen to you?
Here is the portion of the Utah Criminal code that applies:

Title 76 Utah Criminal Code
Chapter 8 Offenses Against the Administration of Government
Section 504 Written false statement.


76-8-504. Written false statement.
A person is guilty of a class B misdemeanor if:
(1) He makes a written false statement which he does not believe to be true on or pursuant to a form bearing a notification authorized by law to the effect that false statements made therein are punishable; or
(2) With intent to deceive a public servant in the performance of his official function, he:
(a) Makes any written false statement which he does not believe to be true; or
(b) Knowingly creates a false impression in a written application for any pecuniary or other benefit by omitting information necessary to prevent statements therein from being misleading; or
(c) Submits or invites reliance on any writing which he knows to be lacking in authenticity; or
(d) Submits or invites reliance on any sample, specimen, map, boundary mark, or other object which he knows to be false.
(3) No person shall be guilty under this section if he retracts the falsification before it becomes manifest that the falsification was or would be exposed.

Class B misdemeanor. And it is too late to retract due to the fact that it would be exposed due to the pending court case.

A class B misdemeanor is as follows:

Title 76 Utah Criminal Code
Chapter 3 Punishments
Section 204 Misdemeanor conviction -- Term of imprisonment.


76-3-204. Misdemeanor conviction -- Term of imprisonment.
A person who has been convicted of a misdemeanor may be sentenced to imprisonment as follows:
(1) In the case of a class A misdemeanor, for a term not exceeding one year;
(2) In the case of a class B misdemeanor, for a term not exceeding six months;
(3) In the case of a class C misdemeanor, for a term not exceeding ninety days.

So if I were you I would ask your Attorney at law why they didn't inform you that you committed a crime. You had no right to continue your child in grandma's district when you don't live there anymore. You broke the law by doing so.

 

[soccer<3mom]

Under Utah Law 53A-2-201:


It continues but quite frankly unless the child is a resident in that school district, the child is enrolled illegally.

Also the next section 53A-2-202 states:


Would you like to know what else can and will happen to you?
Here is the portion of the Utah Criminal code that applies:


Class B misdemeanor. And it is too late to retract due to the fact that it would be exposed due to the pending court case.

A class B misdemeanor is as follows:



So if I were you I would ask your Attorney at law why they didn't inform you that you committed a crime. You had no right to continue your child in grandma's district when you don't live there anymore. You broke the law by doing so.

I will try print the information above (about UT school district) and ask my mr. attorney at law why he didn't inform me of this. and or if he thinks it is relevant. grandparents are illegal immigrants, does this affect anything? do they have the same rights as citizens (seeking attorneys)?

thank you for the information.

 

[Ohiogal]

I will try print the information above (about UT school district) and ask my mr. attorney at law why he didn't inform me of this. and or if he thinks it is relevant. grandparents are illegal immigrants, does this affect anything? do they have the same rights as citizens (seeking attorneys)?

thank you for the information.

They have the same rights under the constitution as anyone else. And the fact that they are illegal immigrants didn't bother you until now. Even though your child has been spending an abundance of time there over the last several years. If their legal status was an issue you would not have been using them to have your child educated or allowing your child to visit them without a court order mandating it.

 

[soccer<3mom]

They have the same rights under the constitution as anyone else. And the fact that they are illegal immigrants didn't bother you until now. Even though your child has been spending an abundance of time there over the last several years. If their legal status was an issue you would not have been using them to have your child educated or allowing your child to visit them without a court order mandating it.

That would have been a good idea.

Also, if father claims that my child has been living with him since he got back in 2007 from distributing drugs, Why did he not change her school district as well? Will this only be looked at on my end??

He just recently moved into those apartments again (about March), and still has grandmas address, not his 'new' apartment number.

?

 

[Ohiogal]

That would have been a good idea.

Also, if father claims that my child has been living with him since he got back in 2007 from distributing drugs, Why did he not change her school district as well? Will this only be looked at on my end??

He just recently moved into those apartments again (about March), and still has grandmas address, not his 'new' apartment number.

?

Truthfully grandma has the strongest case of where the child's RESIDENCE is. And she is the paternal grandmother. How long has the child been in the grandmother's school district and you have not lived there? Who had custody legally during the period of time? Did you have full legal custody? Was it joint?

 

[soccer<3mom]

Truthfully grandma has the strongest case of where the child's RESIDENCE is. And she is the paternal grandmother. How long has the child been in the grandmother's school district and you have not lived there? Who had custody legally during the period of time? Did you have full legal custody? Was it joint?

I clicked on 'close' on the other thread,not 'delete'.

I moved out in 2006. 3 years in district without myself living in that district. She has been there since Kinder, she starts 5th grade -() on Monday.

This is our first time in court, neither one of us has had any 'legal' custody of our child in paper since we didn't have any issues until he decided last year to claim her on taxes, stating child has lived with him since he got back in 2007. I than got a lawyer. I have proof of claiming her every year, since we have been broke up, since I am the primary caretaker. also, grandmother of course has not claimed my child.

He served me some 'pro se' papers, well actually, he gave them to my daughter, to give to me. I introduced those papers to my now attorney. They were not 'legal' documents or whatever term he used.

We than filed for 'full sole/physical' custody in March or so (when he decided to move into same apartments as his mother, *cough* convenient).
The litigation papers kept going back and forth back and forth.

My attorney mailed his attorney a 'mediation' paper. they never responded because my attorney did not make it ?, a paper that you have to respond to? (Don'tcknow the correct term)

Nothing happened, its all about money.

Then, I received a 'temp order for sole/physical' from his attorney. We did the litigation papers. false false.
next thing u know, my attorney says we have a hearing.

We go the the hearing. All the judge hears is, 'child has lived with me, ..'no child has lived with me' but both agree she's been in grandmas school district. grandmas care for before/after school, etc.

Strangely, grandparents were not in court with him.

Judge give him 'temp orders'...

I haven't heard anything from his attorney.

Mine just mailed me some information that I am following.

thus seeking advice here as I await

 

[Ohiogal]

I clicked on 'close' on the other thread,not 'delete'.

I moved out in 2006. 3 years in district without myself living in that district. She has been there since Kinder, she starts 5th grade -() on Monday.

Okay.

This is our first time in court, neither one of us has had any 'legal' custody of our child in paper since we didn't have any issues until he decided last year to claim her on taxes, stating child has lived with him since he got back in 2007. I than got a lawyer. I have proof of claiming her every year, since we have been broke up, since I am the primary caretaker. also, grandmother of course has not claimed my child.

Actually you are the one with legal custody as apparently this is a case of child born out of wedlock and therefore you are the only legally able to make decisions regarding the child without court orders stating otherwise. You then bear all legal responsibility.

He served me some 'pro se' papers, well actually, he gave them to my daughter, to give to me. I introduced those papers to my now attorney. They were not 'legal' documents or whatever term he used.

What were the pro se papers?

We than filed for 'full sole/physical' custody in March or so (when he decided to move into same apartments as his mother, *cough* convenient).
The litigation papers kept going back and forth back and forth.

Meaning what? So until March nothing was in the courts. There were no orders and as an unwed mother you would be solely responsible for all legal decisions regarding the child.

My attorney mailed his attorney a 'mediation' paper. they never responded because my attorney did not make it ?, a paper that you have to respond to? (Don'tcknow the correct term)

Motion for mediation would have gotten a response or a hearing. Apparently he just sent a request to the other attorney and not a motion.

Nothing happened, its all about money.

Then, I received a 'temp order for sole/physical' from his attorney. We did the litigation papers. false false.
next thing u know, my attorney says we have a hearing.

Okay. False false what -- his motion?

We go the the hearing. All the judge hears is, 'child has lived with me, ..'no child has lived with me' but both agree she's been in grandmas school district. grandmas care for before/after school, etc.

Strangely, grandparents were not in court with him.

Judge give him 'temp orders'...

Because HIS parents are an extension of him. And I can understand why he would be given temp orders for custody due to that. No evidence any way but he said, she said.

I haven't heard anything from his attorney.

Mine just mailed me some information that I am following.

thus seeking advice here as I await

You can be facing serious issues. The cost of educating a child can be several thousand dollars a year and if you have not lived there for 3 years -- that is most likely going to bite you in the butt for tuition costs exceeding 10k easily. Even if dad is ordered to split the cost. Schools have started severely cracking down on this type of fraud because of the economic situation.

 

[soccer<3mom]

Okay.




Actually you are the one with legal custody as apparently this is a case of child born out of wedlock and therefore you are the only legally able to make decisions regarding the child without court orders stating otherwise. You then bear all legal responsibility.


What were the pro se papers? It was father requesting I have parent time only-since his claim is 2007-present living with him.



Meaning what? So until March nothing was in the courts. There were no orders and as an unwed mother you would be solely responsible for all legal decisions regarding the child. -- Yes, we've never been to court for our child since the 'papers' started in or about March this year.

i
Motion for mediation would have gotten a response or a hearing. Apparently he just sent a request to the other attorney and not a motion.- Yes , this was a 'request', I see why his attorney did not reply.


Okay. False false what -- his motion? litigation papers. that I have have been primary caretaker since he left in or about 2004, not him not his parents, but I. He stated his mother took care of my child, that I only seen her 3 hours a DAY while he was gone (whoa!!!!).



You can be facing serious issues. The cost of educating a child can be several thousand dollars a year and if you have not lived there for 3 years -- that is most likely going to bite you in the butt for tuition costs exceeding 10k easily. Even if dad is ordered to split the cost. Schools have started severely cracking down on this type of fraud because of the economic situation.

'shoulda-coulda-woulda. I can't take back the past. I need to change the present. He has 'temp orders'. This means I dont' have the right to change her school district for this year and so on?

 

[soccer<3mom]

'shoulda-coulda-woulda. I can't take back the past. I need to change the present. He has 'temp orders'. This means I dont' have the right to change her school district for this year and so on?

impatiently waiting for a response for the last hour ...... ..... I will try back later this evening or tmrw.

Thank you for your responses.

 

[LdiJ]

'shoulda-coulda-woulda. I can't take back the past. I need to change the present. He has 'temp orders'. This means I dont' have the right to change her school district for this year and so on?

Not while he has temporary custody.

Please turn on your private messaging. Upper right hand corner of the page, once you get there click on "enable private messaging".

 

[Ohiogal]

Not while he has temporary custody.

Please turn on your private messaging. Upper right hand corner of the page, once you get there click on "enable private messaging".

Because that way LD can give you information on how to advise you that everything I have stated is incorrect and the tax professional can give you proper legal advice off the forums and through email or something of that nature.

 

[LdiJ]

Because that way LD can give you information on how to advise you that everything I have stated is incorrect and the tax professional can give you proper legal advice off the forums and through email or something of that nature.

Do you have any concept of how "middle school" that sounds?...do you even care?

Yes, I am taking this mom off the forums if she chooses to contact me. Why?, because you are attempting to terrify this mother into giving up.

I don't know if its because you are mad at me or because of your own personal bias, but its unfair and irresponsible either way.

 

[aubreyz]

Wow. In Seattle, a parent can place their child in the public school of their choice, unless it is already overcrowded by kids within the neighborhood. Even then, a parent can petition (and usually wins) for reasons just like this one.

Law or no law, this is becoming so common place, I doubt a judge would look at it as a serious offense, especially seeing that judges tend to rule in favor of disrupting a child's life as little as possible.

 

[Ohiogal]

Do you have any concept of how "middle school" that sounds?...do you even care?

Yes, I am taking this mom off the forums if she chooses to contact me. Why?, because you are attempting to terrify this mother into giving up.

I don't know if its because you are mad at me or because of your own personal bias, but its unfair and irresponsible either way.

How middle school? Truthfully I don't really care because you have acted middle school constantly -- especially with your responses to fathers, telling people to get an attorney ONLY when YOU are disagreed with or proven wrong, and refusing to admit when you are wrong.

Terrify her into giving up? Where did I say she should give up? I was pointing out the possible consequences to her actions -- she committed a crime and I posted the statute as it applies to her. No where did I say she should NOT fight for custody. Its called facts. Its called truth. It is called educating her to the consequences due to the fact that she broke the law. And it can come down to bite her in the butt big time to the tune of several thousands of dollars. But maybe I should allow her to be ignorant.


As for being mad at you? Nope. I just have lost all respect for you outside of the tax postings.