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!
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!