It,s not his signature on the custody papers I have been served

[cal13]

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


I just got served custody papers yesterday. My fiance petitioned. It really shocked me, because I have been in contact with him since he left, a bit over a week ago, when he left to his mothers, we agreed not to drag it through court. I suspected it was his mothers doing, cause she has a strong hold on him. He tells me he loves me everyday and, has not tried to keep the kids from me, whatsoever (except for in the first few days) but that was him being irratic and out of control due to prescription drug withdrawl (him getting clean and getting himself better so we can be together is the only reason he left in the first place) And I have the kids with me now, he brought them to me. As I was reading the documents I was amazed at how harsh the statements were and what he was asking for, cause it completely contradicts everything he has talked to me about. Then, it dawned on me... I am pretty sure he doesn't even know what he was asking for in those documents, cause he didn't even fill them out, his mom did! Thats when I noticed, it was his moms writing trying to mimic his signature! I know for a fact! I have dealt with her writing, and his signature for eight years!

So my question is, when I present that to the judge my fiance will say he either gave her permission or, it is his signature. Which, in that case I'll get a handwriting expert. Can he do that? Can she do that? That can't be legal!

Also, I have texts from him saying "All of this to him, is just paper work and, he knows I have always taken good care of the kids, he knows I'm still perfectly capable to and, I'm a good mom." He says "It's just to protect himself, if anything happens." Can I present those text to the judge on our court date? Will they be relevant? Thank you!

 

[Zigner]

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


I just got served custody papers yesterday. My fiance petitioned. It really shocked me, because I have been in contact with him since he left, a bit over a week ago, when he left to his mothers, we agreed not to drag it through court. I suspected it was his mothers doing, cause she has a strong hold on him. He tells me he loves me everyday and, has not tried to keep the kids from me, whatsoever (except for in the first few days) but that was him being irratic and out of control due to prescription drug withdrawl (him getting clean and getting himself better so we can be together is the only reason he left in the first place) And I have the kids with me now, he brought them to me. As I was reading the documents I was amazed at how harsh the statements were and what he was asking for, cause it completely contradicts everything he has talked to me about. Then, it dawned on me... I am pretty sure he doesn't even know what he was asking for in those documents, cause he didn't even fill them out, his mom did! Thats when I noticed, it was his moms writing trying to mimic his signature! I know for a fact! I have dealt with her writing, and his signature for eight years!

So my question is, when I present that to the judge my fiance will say he either gave her permission or, it is his signature. Which, in that case I'll get a handwriting expert. Can he do that? Can she do that? That can't be legal!

Also, I have texts from him saying "All of this to him, is just paper work and, he knows I have always taken good care of the kids, he knows I'm still perfectly capable to and, I'm a good mom." He says "It's just to protect himself, if anything happens." Can I present those text to the judge on our court date? Will they be relevant? Thank you!

It's over between you and him. Don't try to nitpick the paperwork - fight the good fight in court! And, remember, this is not about you, not about him and not about his mom. It's about the kids.

 

[BL]

First ,what is the name of your State ?

Secondly , the mother has no business signing her name to documents that do not pertain to her . It could be a misdemeanor crime .

It's important to the court , if she did and the other parent submitted them.

Even more so if mom submitted them ,she's not an attorney.

It only ads bias to the case .

Yes submit the emails as exhibits .

 

[cal13]

It's over between you and him. Don't try to nitpick the paperwork - fight the good fight in court! And, remember, this is not about you, not about him and not about his mom. It's about the kids.

I know that now! And I am only thinking about the kid's. But that is not his signature. I would think that is a serious crime! Not nitpicking. That is something I am definately going to bring up in court.

 

[Zigner]

I know that now! And I am only thinking about the kid's. But that is not his signature. I would think that is a serious crime! Not nitpicking. That is something I am definately going to bring up in court.

How is this going to help your case?

 

[cal13]

First ,what is the name of your State ?

Secondly , the mother has no business signing her name to documents that do not pertain to her . It could be a misdemeanor crime .

It's important to the court , if she did and the other parent submitted them.

Even more so if mom submitted them ,she's not an attorney.

It only ads bias to the case .

Yes submit the emails as exhibits .

I'm in California.

That's what I figured! I didn't think there could ba any way she could forge his name on his court documents, even with his consent.

And I wasn't sure if they could use texts sent to me as "evidence", I suppose you could say. Thank you!

 

[cal13]

How is this going to help your case?

Because he did not physically sign his court documents himself. I'm not going to accept the terms given to me. My children are better off with me, Period. And I'm definately not going to hand her over custody of my children. That is basically what is being asked, cause their dad works alot of hours, and says the children will be in her care while he's at work. They are better off with a loving and willing parent, always.

 

[Zigner]

Because he did not physically sign his court documents himself. I'm not going to accept the terms given to me. My children are better off with me, Period. And I'm definately not going to hand her over custody of my children. That is basically what is being asked, cause their dad works alot of hours, and says the children will be in her care while he's at work. They are better off with a loving and willing parent, always.

Then fight it on THOSE grounds. Not some vague grasping-at-straws theory that it's not his signature.

Assume it's not. So the case is thrown out. Then, he goes and re-files. Then you are back to square one.

 

[BL]

I would politely inform the court the signature is questionable , and that it looks like the mom's .

If the court determines it is , the Judge will not look kindly on that side and the alleged " nasty " accusations .

Handle it with dignity , politely .

 

[cal13]

I would politely inform the court the signature is questionable , and that it looks like the mom's .

If the court determines it is , the Judge will not look kindly on that side and the alleged " nasty " accusations .

Handle it with dignity , politely .

Absolutely. I have not been vengeful, or nasty, about any of this. I have actually been calm, understanding, and open. But, basically his mom is the one asking for everything, cause he didn't even know what I was being asked for in the documents. She didn't even ask him, or let him sign them himself. and I will not accept it. And if I can prove it, I will. But of course, he's not going to press charges on his mother. She is taking advantage of that.

 

[Zigner]

Absolutely. I have not been vengeful, or nasty, about any of this. I have actually been calm, understanding, and open. But, basically his mom is the one asking for everything, cause he didn't even know what I was being asked for in the documents. She didn't even ask him, or let him sign them himself. and I will not accept it. And if I can prove it, I will. But of course, he's not going to press charges on his mother. She is taking advantage of that.

So, if he HAD written it, would you have accepted it (already answered - no). So, fight it based on that. Present what YOU would like at the hearing.

 

[LdiJ]

Absolutely. I have not been vengeful, or nasty, about any of this. I have actually been calm, understanding, and open. But, basically his mom is the one asking for everything, cause he didn't even know what I was being asked for in the documents. She didn't even ask him, or let him sign them himself. and I will not accept it. And if I can prove it, I will. But of course, he's not going to press charges on his mother. She is taking advantage of that.

I think that you should prove that its not his signature and that he has no knowledge of what is written in the petition.

Yes, it will likely get dismissed and you will have to start over, but that will better ensure that he takes charge of his own case and knows what he is asking for.

 

[cal13]

So, if he HAD written it, would you have accepted it (already answered - no). So, fight it based on that. Present what YOU would like at the hearing.

I'm just going to bring attention to it in court. There is no way I'm not going to. But I will accept the courts decision about what actions will be taken in result. That's too serious not to mention. I will do whatever it takes to make a strong case to get my babies. Without being nasty. If anyone is playing the nasty card, it is him by letting the lies be put in the documents about me, and letting it escalate to the point it is at now. And I'm still in contact with him and have not been angry towards him. I am still not going to go into court bitter, or emotional, cause honestly I'm not. I'm just going to present the facts.

 

[wileybunch]

I think that you should prove that its not his signature and that he has no knowledge of what is written in the petition.

Yes, it will likely get dismissed and you will have to start over, but that will better ensure that he takes charge of his own case and knows what he is asking for.

He's pretty my admitted to her that he knows what's in them. His mother could fill everything out again and just make sure he signs this time if in fact that was NOT his signature. I'm not saying NOT to use this strategy, just that it won't likely change things all that much in the short term if his mom or anyone is willing to fund his fight, emotionally and/or financially.

How is it that he had the kids in the first place, OP, and then you "got them back" from him?

 

[CJane]

Don't these things have to be notarized?

And Mom, do you really think you can afford an expert witness just to prove he maybe didn't sign something?