Now What

[futuredust]

What is the name of your state (only U.S. law)? AR

I just picked up son, his dad sent him via a relative to TN and I drove to pick him up there. Dad did not sign and send back the new parenting plan that we had discussed. He is not willing to sign it now. He wants us to just "work it out" and he does not want me filing for child support and wants me to drop his current support order of 18.00 per month.

So I have all three children, here in AR, original orders are out of TN, none of the parties reside in TN any longer and have not since May of 2008. Current orders were signed in TN Feb 2009. Dad had relocated the children from TN to IL without proper notice or approval and I filed for modification. So that stopped the clock on IL residency for the children while in IL. It has not been 6 months since the last orders by TN.

My current orders give me residential on the two that came here in Feb.09 and dad has residential of son, who is now here as well. My concern is dad can just come get son at will if he gets mad at me.

How do I secure custody of son that I just picked up?

 

[Isis1]

What is the name of your state (only U.S. law)? AR

I just picked up son, his dad sent him via a relative to TN and I drove to pick him up there. Dad did not sign and send back the new parenting plan that we had discussed. He is not willing to sign it now. He wants us to just "work it out" and he does not want me filing for child support and wants me to drop his current support order of 18.00 per month.

So I have all three children, here in AR, original orders are out of TN, none of the parties reside in TN any longer and have not since May of 2008. Current orders were signed in TN Feb 2009. Dad had relocated the children from TN to IL without proper notice or approval and I filed for modification. So that stopped the clock on IL residency for the children while in IL. It has not been 6 months since the last orders by TN.

My current orders give me residential on the two that came here in Feb.09 and dad has residential of son, who is now here as well. My concern is dad can just come get son at will if he gets mad at me.

How do I secure custody of son that I just picked up?

wait six months, file for custody based on status quo.

personally, for $18.00 a month, i'd close the child support case, and reopen it again once you are granted full custody of ALL the children.

 

[futuredust]

Child support is part of the new custody order, not sure how I could even drop it.

In essence son has no home state, he was actually out of TN for over a year, but the clock stopped on residency due to the open custody case with TN having jurisdiction. Now son is here, less then six months after TN ordered him to reside with dad in IL.

Since he is in limbo, can I file to move the case here under uccja once he is enrolled in school.

 

[LdiJ]

Child support is part of the new custody order, not sure how I could even drop it.

In essence son has no home state, he was actually out of TN for over a year, but the clock stopped on residency due to the open custody case with TN having jurisdiction. Now son is here, less then six months after TN ordered him to reside with dad in IL.

Since he is in limbo, can I file to move the case here under uccja once he is enrolled in school.

I would honestly leave it alone until he has been in your state for at least 6 months..and you have status quo.

 

[Ohiogal]

Since there are orders out of TN, TN still has jurisdiction until a new state gets jurisdiction. So therefore she could file in TN to secure custody of the children.

 

[futuredust]

So I enroll son in school today, he wishes to play football so we needed to get it done as soon as possible so he can start summer practice with the team.

School is letting him practice, for now, but said they *must* have a court order giving me custody since his prior school records state dad has residential. I called dad and his argument is I am on his birth certificate- there should not be any issue and thats good enough because I can prove I am mother.

I told him that we *have* to either come to an agreement or I will be left with no choice but to file in court. His answer was ok whatever I cannot talk about this now.

So, should he not get back to me about this, do I file a new case for modification, or something else?

 

[CJane]

Technically, TN has jurisdiction... they'd likely give it up since none of the parties live there anymore, but it's a hassle.

How about you write up a stipulated agreement to modify the order ONLY to change residential custody of Son to you, and dropping the child support issue for now.

Tell Dad that you're going to mail it to him, and all he has to do is sign it and mail it back to you and you'll file it with the court.

Then do-so. You're only giving up $18/month that he's not paying anyway, right?

 

[futuredust]

We managed to come to an agreement a little bit ago- I rewrote it and sent it.

Custody changes to me, current support order dropped, I cover all the children on medical. Removed the life insurance- I currently carry a plan that makes him the beneficiary for the care of our children. He was supposed to have it as well- this was a huge sticking point for him, he simply did not want to pay for life ins. and certainly was not making me his beneficiary. So, whatever, I will change it over to my mother on my insurance, at this point I don't believe he would use the monies for the children in the proper manner should I die. So I will make my mother the trustee.

He agreed to the transfer of jurisdiction to Arkansas. As well as the no third party interference or corporal punishment. He also agreed that I make all the day to day decisions while in my care & all *major* ones as well.

His big issues involved money, so I took them out. He also told me as soon as his wifes disability comes through (she has been fighting it for years- and has been on workmans comp numerous times) he is quitting his job.

Once signed copy is in my hand I will hire an attorney here in AR to make sure it is filed properly instead of attempting it myself.

 

[LdiJ]

We managed to come to an agreement a little bit ago- I rewrote it and sent it.

Custody changes to me, current support order dropped, I cover all the children on medical. Removed the life insurance- I currently carry a plan that makes him the beneficiary for the care of our children. He was supposed to have it as well- this was a huge sticking point for him, he simply did not want to pay for life ins. and certainly was not making me his beneficiary. So, whatever, I will change it over to my mother on my insurance, at this point I don't believe he would use the monies for the children in the proper manner should I die. So I will make my mother the trustee.

He agreed to the transfer of jurisdiction to Arkansas. As well as the no third party interference or corporal punishment. He also agreed that I make all the day to day decisions while in my care & all *major* ones as well.

His big issues involved money, so I took them out. He also told me as soon as his wifes disability comes through (she has been fighting it for years- and has been on workmans comp numerous times) he is quitting his job.

Once signed copy is in my hand I will hire an attorney here in AR to make sure it is filed properly instead of attempting it myself.

I hope you don't end up regretting that.