Ex Parte Custody to 17 yr old's boyfriend's parents

[gotmyown3]

We actually got to meet with the attorney earlier than 11:00. He is going to file an answer and said he believes that the judge will rescind his order or either it will be moved to the county where we live, as the child's residence is here not there. He told my husband that as soon as the order is rescinded he needs to haul butt to the county where the parents of the boyfriend are living and file criminal charges. He also told my husband that no where in the paper work does anyone indicate the child is in any danger of physical harm and the judge is more than likely going to rescind the order with the facts of the child's history of this behavior and the proof that the boyfriend's parents lied.

 

[tuffbrk]

My heart goes out to you, your hubby and your family. As if you needed attorney fees on top of everything else. Sheesh. In the midst of all this - don't forget to take care of you!

Hoping things get better for all of you.

 

[gotmyown3]

Thanks to all of you!

 

[gotmyown3]

Well my husband still hasn't received a copy of the answer his attorney filed so I called the attorney's office today. His paralegal said she put it in the mail today. She told me briefly just a little of the answer, and she said that the ex parte petition was filed in the wrong county and that the child was never in any physical danger and that the petitioners had only known the child less than a year so how could they possibly know what was in her best interest. THe paralegal told me that our attorney had spoken with the petitioners' attorney and informed him that he was filing an answer and that he had been lied to about the nature of the relationship between the petitoners and my stepdaughter. She said he had no idea and our attorney said that he felt like the petitioners' attorney was pretty stunned.

 

[LdiJ]

Well my husband still hasn't received a copy of the answer his attorney filed so I called the attorney's office today. His paralegal said she put it in the mail today. She told me briefly just a little of the answer, and she said that the ex parte petition was filed in the wrong county and that the child was never in any physical danger and that the petitioners had only known the child less than a year so how could they possibly know what was in her best interest. THe paralegal told me that our attorney had spoken with the petitioners' attorney and informed him that he was filing an answer and that he had been lied to about the nature of the relationship between the petitoners and my stepdaughter. She said he had no idea and our attorney said that he felt like the petitioners' attorney was pretty stunned.

I am not surprised that the petitioner's attorney was stunned. Attorneys REALLY do not like it when their clients tell them major lies. This is going to make the attorney look bad to the judge.

 

[gotmyown3]

Ok I have another question for ya'll. My husband received a letter from his exwife stating that her attorney told her to stop paying her child support payments to my husband until he has the return of his daughter. We don't need the child support to survive or anything so it's not about the money. He is just curious if she can just stop paying without a court order to suspend the c/s. I didn't think an officer of the court would tell his client to deliberately be in contempt.

 

[mistoffolees]

Ok I have another question for ya'll. My husband received a letter from his exwife stating that her attorney told her to stop paying her child support payments to my husband until he has the return of his daughter. We don't need the child support to survive or anything so it's not about the money. He is just curious if she can just stop paying without a court order to suspend the c/s. I didn't think an officer of the court would tell his client to deliberately be in contempt.

I doubt very much that her attorney told her that. Either she made it up or she misunderstood something the attorney told her.

Child support is due until the judge changes it. It can probably be added to the existing contempt charge.

 

[gotmyown3]

Thanks. He said when he last talked to his ex he got the impression she is really encouraging their daughter's behavior instead of being as angry and hurt as he is about the situation.

 

[gotmyown3]

The attorney called this morning. He said the case is set for September 29th at 8:30 a.m. He said the judge will decide whether or not to grant permanent custody of my stepdaughter to the boyfriend's parents. He said he was taking the note she signed saying she did not want to live in our home and abide by our rules even though she was given the opportunity to do so, and that we will have to tell the judge how many times she has acted out. My question is, I am only the stepmother, and even though I was the one who was home with her and witnessed most of her behavior, will it seem like I am just being the typical evil stepmother? I did not make the rules, I left that to my husband. I just enforced them while he was away. I never decided her punishments, and I never ever was the permission granter.

I just remembered the other question: the attorney said my stepdaughter had been granted a GAL. Shouldn't the Guardian ad Litem be meeting with the parents before the hearing? How can she decide anything without hearing from my husband and his ex wife?

 

[mistoffolees]

The attorney called this morning. He said the case is set for September 29th at 8:30 a.m. He said the judge will decide whether or not to grant permanent custody of my stepdaughter to the boyfriend's parents.

Something doesn't add up. I'm surprised that they're even getting a permanent hearing. The BF's parents do not have any standing to sue for custody so there shouldn't be a hearing at all. I hope your attorney will bring that up at the hearing.

He said he was taking the note she signed saying she did not want to live in our home and abide by our rules even though she was given the opportunity to do so, and that we will have to tell the judge how many times she has acted out. My question is, I am only the stepmother, and even though I was the one who was home with her and witnessed most of her behavior, will it seem like I am just being the typical evil stepmother? I did not make the rules, I left that to my husband. I just enforced them while he was away. I never decided her punishments, and I never ever was the permission granter.

It really doesn't matter. Even if it's true, you're allowed to be the evil stepmother. You are certainly allowed to enforce Dad's rules in your household. The only two things that could get you in trouble are:
1. Interfering with a child's relationship with the other parent.
2. Abusing the child.

Other than that, it's parenting differences.

However, the whole thing smells. Who are you getting your information from? If it's coming from the girl or BF or their attorney, it may be all made up. If it's coming from the judge, I'm concerned about him overstepping his bounds. The BF's parents have no standing to sue for custody, so it shouldn't matter how many times the girl acts up or whether you are enforcing Dad's rules. Those things should be no more relevant than if a total stranger wanted to take the child away - because these people are legally strangers. Something isn't right in the story.

I just remembered the other question: the attorney said my stepdaughter had been granted a GAL. Shouldn't the Guardian ad Litem be meeting with the parents before the hearing? How can she decide anything without hearing from my husband and his ex wife?

The GAL should meet with all the people involved.

 

[gotmyown3]

I am talking directly to the attorney. I've had more than one person tell me AL judicial system is screwed up.

I have never abused the child or stopped her from talking to her mother. As a matter of fact, I kept telling her she should keep the lines of communication open. I told her that, God forbid, something should happen to her mother, she would always regret not having made the effort.

I guess what really bugs me, is that these folks have known her for less than a year. They have no idea what she has done, what she can do, and what we have been through, so how could they possibly think they know what is in her best interest? The boyfriend's mother and stepfather have not even been married 2 years yet themselves!!!

 

[TheGeekess]

The attorney called this morning. He said the case is set for September 29th at 8:30 a.m. He said the judge will decide whether or not to grant permanent custody of my stepdaughter to the boyfriend's parents. He said he was taking the note she signed saying she did not want to live in our home and abide by our rules even though she was given the opportunity to do so, and that we will have to tell the judge how many times she has acted out. My question is, I am only the stepmother, and even though I was the one who was home with her and witnessed most of her behavior, will it seem like I am just being the typical evil stepmother? I did not make the rules, I left that to my husband. I just enforced them while he was away. I never decided her punishments, and I never ever was the permission granter.

I just remembered the other question: the attorney said my stepdaughter had been granted a GAL. Shouldn't the Guardian ad Litem be meeting with the parents before the hearing? How can she decide anything without hearing from my husband and his ex wife?

I spoke with my attorney recently after The Teen had a GAL appointed in an Alabama court room. From what I understood, I don't think the GAL is going to be talking to me or The Teen's father a whole heck of a lot.

 

[gotmyown3]

I posted this under another thread cause I didn't know I could unlock this one.

Anyway, my husband as y'all know is on the road most of the week. He won't be back until Friday.

My husband's ex wife called Sunday and said that she had driven up from MS to talk to their daughter and meet the boyfriend. She said that they had presented her with papers the attorney had drawn up so that they could get married. She is now willing to sign permission for their daughter to marry. THey just need my husband to sign too.

I guess my question is, isn't this the same as giving up on her? She is still just a 17 year old KID and has no idea what she is doing. And what happens to her if he signs? I tried to call the attorney 3 times yesterday to schedule an appontment for my husband for Friday but all I got was the answering machine.

 

[mistoffolees]

I posted this under another thread cause I didn't know I could unlock this one.

Anyway, my husband as y'all know is on the road most of the week. He won't be back until Friday.

My husband's ex wife called Sunday and said that she had driven up from MS to talk to their daughter and meet the boyfriend. She said that they had presented her with papers the attorney had drawn up so that they could get married. She is now willing to sign permission for their daughter to marry. THey just need my husband to sign too.

I guess my question is, isn't this the same as giving up on her? She is still just a 17 year old KID and has no idea what she is doing. And what happens to her if he signs? I tried to call the attorney 3 times yesterday to schedule an appontment for my husband for Friday but all I got was the answering machine.

Once again, it is not your issue. YOU are not involved.

If your husband agrees for her to get married than she can get married. She can then file to be emancipated.

He has to decide what to do. If it were me, though, I'd be arguing that someone who pulled the kinds of stunts she pulled over the past few months is not mature enough to get married. I would also continue to push for criminal charges against the other parents - and Mann Act charges, as well.

 

[TheGeekess]

Once again, it is not your issue. YOU are not involved.

If your husband agrees for her to get married than she can get married. She can then file to be emancipated.

He has to decide what to do. If it were me, though, I'd be arguing that someone who pulled the kinds of stunts she pulled over the past few months is not mature enough to get married. I would also continue to push for criminal charges against the other parents - and Mann Act charges, as well.

If she gets married, she's effectively emancipated.

If Dad no longer wishes to hassle with this daughter, then he should sign the paper. She'll soon learn the cold hard facts of life, especially when she finds out that Dad's wallet is not available anymore.