IAAL, Please help, asap

[Bre's_mom]

What is the name of your state? wa

My hubby is filing a Ex Parte restaining order, to get emergency custody of his son(he has joint physical custody) In this form, he don't know where to put in there, that he wanting an emergency custody, Please help us Your good at what you do, so please help.

 

[I AM ALWAYS LIABLE]

What is the name of your state? wa

My hubby is filing a Ex Parte restaining order, to get emergency custody of his son(he has joint physical custody) In this form, he don't know where to put in there, that he wanting an emergency custody, Please help us Your good at what you do, so please help.

My response:

Thank you for your nice compliment. However, and while I'd like to help you, I'm not at all familiar with Washington State court forms. I don't believe I've ever seen one.

However, all is not lost.

The Family law court, I'm sure, has "advisors" to help people fill out their forms. Call the court clerk tomorrow to see if there are any advisors who can assist you. In most States, advisors are free to the public - - or at extremely low cost.

Also, you might want to go to your nearest bookstore and look in their "legal" section for a "How To" book on family law. Those books are generally very good, and "walk you" through the process.

Good luck to you.

IAAL

 

[Bre's_mom]

Thankyou soooooo much for your quick response, At the court house, we have facilitators, but they cannot tell me how to fill out the form, so I will do the other thing you told me.. Thankyou, thankyou, thankyou...

 

[Ambr]

See if this helps.

Good luck!

http://www.courts.wa.gov/forms/

 

[Bre's_mom]

thanks AMBR

Thankyou, I have that web site in my favorites
Well I went to the court house to see the facilitators, and was told that, I have alot of other forms I need to fill out So here we go again, I'm just thankful that I've done this before, (parenting plan etc. I didnt know how to do the ex parte though.)
So wish me luck, cause were about to start WW3 with the bio mom

 

[Bre's_mom]

My hubby is talking to her right now I cant wait to find out whats going on. She called here earlier and told me she found a 2 bdrm for $300 a month, and her and her 3 kids plus my step son making 4 kids are going to live there? So I called my hubby at work and told him. She also told me other things, I'll go into that later, but my hubby dont beleive her, so now he's talking to her, I cant imagine it being good..I'll keep you informed

 

[Bre's_mom]

Well things have now changed again, my hubby talked to her, and after thinking about things, he's decided to go ahead and send his son back. He thinks that she is telling the truth, so lets hope she is.. Just wanted to update you.. Hopefully I'll make it into chat tongiht

 

[karma1]

ima....

what was the whole RO about, if you dont mind me asking? and why delete the last one you posted and I responded on? sorry if I offended-your post before this one sounded desperate....
good luck though whatever happens...

 

[Bre's_mom]

LW, I didn't delete your thread.

I didnt even know that your thread was deleted till just now, how weird Ok, heres what happened... My hubby has joint physical custody of his son. We had him for our time, from Aug 1,2001 to Aug 3, 2002. A week before the bio mom was to pick him up, she called and told me that her and her other 3 kids from her new hubby, and my ss were going to not go back to Montana,and that they were going to go to Colorado, and stay there with her sister in law, while her hubby satyed in Montana, to live out of there van, so he could save up enough money to buy a house this december. So my hubby was hesitant but said ok. The bio mom and step dad came to pick him up and we stayed in contact with them, talking to my ss every day. Then a couple of saturdays ago, I get a phone call from the sister in law, telling me that, the bio mom didn't like the rules, so she left and took the kids and went to a shelter. She also tole us what has been going on, (bio mom am alcoholice and addicted to RX meds) theres alot more, but I'll tell u later. So hubby calls her cell # and asks why his son is in a shelter, she says things weren't working out, so she left. Hubby asked if she thought it was better for their son to come stay with us till she got back on her feet, she aggreed. And the next morning, we flew son out here. The next day bio mom moved to Iowa to stay with cousins. Then about a week ago, I get a phone call from bio mom saying she wanted to pick up son, and bring him to Iowa, she said she was going to rent a place, in Iowa. Well that didn't make any sense to me or hubby. Why would she rent a place in Iowa, and not with hubby in Montana. So my hubby thought she was lying, thinking she would actually be staying with relitives(bouncing from one to another) So that's when he decided that he was going to get a RO, so she could'nt pick him up. And we were also going to requset emergency custody. (also, the sister in law was going to sent a Dec for us.) Then last night my hubby called bio mom cause he didnt beleive her about renting a place and working a job, in Iowa, so when he got off the phone, he decided to drop everything, and hope things work out. Well today I just now got the Dec. from sister in law, and I'm shocked at the info in it!!! So i'm waiting for my hubby to get home from work so he can read it, I dont know if that will change his mind or not. Also as I started typing this reply, I got a call from bio mom, now shes saying shes going to move back to montana, and rent a place with her hubby, so she wanted to let me know that my ss can stay even longer with us, cause now her hubby is going to save money up to rent a place etc, etc...Wow that was a long story I think I said eveything, let me know if I forgot something LW, I'm still trippin on what happen to your thread Write back, let me know what u think

 

[Bre's_mom]

Bump

Where are u LW, read my post

 

[karma1]

okay, this is getting weird...

responded to a post you put with the subject line, "IAAL, Grace, please respond" or something like that...
it was a little different than what you worded in this one, but I know I responded by telling you what I witnessed in court regarding ex parte motions, RO and the like...in CA
then this post came up but was worded a little differently so i thought you deleted the whole thread.....
???
(and I dont do drugs and havent drank since moms memorial service-lol)

 

[Bre's_mom]

Oh ok I remeber that

After I read your post I decided to change the post subject, I didn't know it would delete your post, I'm sorry I was just hopeing that IAAL could tell me some more info, I was so confused!! Anyways thanks for replying so fast.. Maybe I'll make it into chat tonight

 

[Bre's_mom]

P.S.

Thankyou to everyone who responded to my thread, Hopefully things will get better from here out. I cant remember if I put in my last response, that the bio mom called me and said shes going back to montana, so my ss gets to stay with us till at least halloween!!!! I'm so happy

 

[karma1]

whewww....

I kept thinking I was loosing my mind or something or posted this response to someone else....
glad things will be working out....
so, you've had this child for a year? I'd file for sole custody-change in circumstances being that this child has lived with you for over a year....how old is child?
mom is unstable in her living conditions (which, if you recall, is what my brother is gaining custody of my niece for...mom does not have suitable living conditions)
that being said-here's some more ideas/thoughts...
I'm thinking that unless a court document specifically states that child has to be returned to mom at such n such a date...and since dad has joint physical...and since mom is unstable in living conditions...I would think that you could refuse to let child go with her in Oct...she would call the police, of course, but since there is not court order saying he be returned on a certain date-she'd have to go and file something herself (contempt?)- and if there is no court order saying child be returned on said date, the police will not do anything-but she can file a report and take that to court...which would be perfect opportunity to tell a judge why you did what you did (keeping child)
other thoughts...
judge would be reluctant to pull a child away from a place child has been for over a year-and what about school?or is child too young for that ? (cant remember if you said)
now, from what I have learned from our local police-if there is a court order saying anything about visitation or child being returned at a certain date-the POLICE will not physically take a child, HOWEVER, they can call CPS (at least that is what this policeman implied to me) and neither parent will have custody...until it goes to court.
that was a shocker for me since I have read that police wont do anything but thought that was the end of it...not so, according to officer-if its a violation of a court order and parents are fighting or refusing to give up child-"someone" will take the child and neither parent will have child (I believe that is almost word for word)
so, somethings to think about-
I'd also call attorneys and get opinions-if what you posted is true about this child being with you for over a year-that is a something I think a judge will take very seriously...
rambling again...

 

[Bre's_mom]

LW,...

We have a court signed parenting plan, stating we get the child 9 yrs old, from Aug 1,2001 to Aug. 1,2002, (but mom didnt pick himup till the 3rd of Aug. Then sent him back. So if we did keep him, i think we could get in trouble. My hubby read the declaration and about **** his pants, when he read all the stuff, thats been going on with the bio mom. So he's decided that he will go for custody... I'll keep you posted, I've got my ss that wants my attention, and my daughter is also wanting me, I'll post again tonight, with more details... thankyou LW for your imput...