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Child custody

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ABisbee

New member
What is the name of your state? Nevada my children live in Spokane Washington and they born In montana
I had signed and notarized paper I wrote permanent custody to my mother In 2016 August then merried there father October 2016 I was living in Montana and I want to know who has custody of my kids
 

LdiJ

Senior Member
I had signed and notarized paper I wrote permanent custody to my mother In 2016 August then merried there father October 2016 I was living in Montana and I want to know who has custody of my kids
If your mother took that notarized paper to the court its possible that she legally has custody of your children. If she did not, its possible that you retain custody, legally. However, if your mother has had physical custody of your children for the last 4 years, its possible that she could file to obtain legal custody (should you attempt to challenge her) and win.

In other words, more detail is needed.
 

stealth2

Under the Radar Member
How old are the kids (and how many)?
Why did you "give" Grandma custody?
What is your involvement in their lives?
Why do you not live in their community?
Why do you think they should now be with you?

Those answers will at least give us a place to start...
 

zddoodah

Active Member
In any future posts, please make an effort to use something that resembles normal capitalization and punctuation. Doing so will make it easier for others to read and understand what you write.

I had signed and notarized paper I wrote permanent custody to my mother In 2016 August then merried there father October 2016 I was living in Montana and I want to know who has custody of my kids
Are you suspecting someone here will know? If you're asking whether the "notarized paper [that you] wrote" was effective for any legal purpose, the answer is that it's unlikely, but one would, at a minimum, need to read it to know for sure.
 

LdiJ

Senior Member
In any future posts, please make an effort to use something that resembles normal capitalization and punctuation. Doing so will make it easier for others to read and understand what you write.



Are you suspecting someone here will know? If you're asking whether the "notarized paper [that you] wrote" was effective for any legal purpose, the answer is that it's unlikely, but one would, at a minimum, need to read it to know for sure.
And to know whether or not grandma ever took that notarized piece of paper to court to get a judge to sign off on it and make it legal.
 

Litigator22

Active Member
And to know whether or not grandma ever took that notarized piece of paper to court to get a judge to sign off on it and make it legal.
Pardon me for asking, but where do you propose that ABisee should begin looking for such a notarized piece of paper - other than the judge or clerk's wastebasket?!

Or is it your experience that the clerks of the court customarily maintain files labeled: "Miscellaneous notarized pieces of paper signed off by a judge" and "Miscellaneous notarized pieces of paper NOT signed off by a judge"? Or how about: "Bills of sale transferring custody of minor children- approved and disapproved"?
 

Zigner

Senior Member, Non-Attorney
Pardon me for asking, but where do you propose that ABisee should begin looking for such a notarized piece of paper - other than the judge or clerk's wastebasket?!
You're out of line and off-base on this one.

EDIT: To clarify - your attack was uncalled for (that's the "out of line"), and your other comments are off-base. It's clear that she wasn't talking about just walking in to court and asking for a rubber stamp.
 
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LdiJ

Senior Member
Pardon me for asking, but where do you propose that ABisee should begin looking for such a notarized piece of paper - other than the judge or clerk's wastebasket?!

Or is it your experience that the clerks of the court customarily maintain files labeled: "Miscellaneous notarized pieces of paper signed off by a judge" and "Miscellaneous notarized pieces of paper NOT signed off by a judge"? Or how about: "Bills of sale transferring custody of minor children- approved and disapproved"?
Pound sand. The OP stated that she had previously given her mother custody of her children via a notarized document. It is not at all uncommon for a grandparent to turn around and file for custody in court, based on a document previously given to them by the parents of the child. It is also not uncommon for said grandparents to tell the court that the whereabouts of the parent(s) is/are unknown when they do so.

Litigator or not, you clearly have zero experience with family law.
 

not2cleverRed

Obvious Observer
You're out of line and off-base on this one.

EDIT: To clarify - your attack was uncalled for (that's the "out of line"), and your other comments are off-base. It's clear that she wasn't talking about just walking in to court and asking for a rubber stamp.
We keep LitBoy around for amusement.

The bored former English major should stick to Lit, and ditch the Gater.
 

Litigator22

Active Member
Pound sand. The OP stated that she had previously given her mother custody of her children via a notarized document. . . . Litigator or not, you clearly have zero experience with family law.
Apparently both you and Z need reminding that YOU DID NOT recommend that the mother search the court records to determine whether or not grandma "filed for and was awarded custody of her grandchildren"! It seems that you have difficulty recollecting so allow me to refresh your memory.

to know whether or not grandma ever took that notarized piece of paper to court TO GET A JUDGE TO SIGN OFF ON IT AND MAKE IT LEGAL! (Emphasis supplied)
Thus, in your typical wannabe fashion you haphazardly led the mother to believe (and others so gullible as to equally accept as true) that the matter of awarding custody of minor children is such a perfunctory and routine business that it can be effected by the simple mechanics of a judge signing off on a notarized scrap of paper!
____________________________

Zero experience in family law? Okay Mrs. Walter Mitty, but while I'm looking for some sand you in turn contemplate whether or not being involved in several hundreds of contested child custody cases over the course of forty plus years of private practice counts as experience? And strangely so none of the judges sitting on those many trials were familiar with your expeditious method of making it legal by signing off on a notarized piece of paper!

(Sadly it was only well into my career that our judicial system largely dispensed with the unpleasantness of adversarial court trials over issues of custody with one side of the isle screaming and viciously maligning the other. In place was the adoption of Family Court Services (FCS) where such disputes are resolved in a more collaborative and less contentious setting. Such as home studies conducted by trained certified, specialists, professional evaluations, child custody mediation, assisting parents in formulating parenting plans, etc.., etc.

But also gone was my joy in subpoenaing every potential witness for the opposition and the their family members in attendance (especially the meddlesome stepmothers) and watching their jaws drop in frustration as they were dismissed from the courtroom except while in the witness chair (which none ever occupied at my behest).
 

Ohiogal

Queen Bee
Apparently both you and Z need reminding that YOU DID NOT recommend that the mother search the court records to determine whether or not grandma "filed for and was awarded custody of her grandchildren"! It seems that you have difficulty recollecting so allow me to refresh your memory.



Thus, in your typical wannabe fashion you haphazardly led the mother to believe (and others so gullible as to equally accept as true) that the matter of awarding custody of minor children is such a perfunctory and routine business that it can be effected by the simple mechanics of a judge signing off on a notarized scrap of paper!
____________________________

Zero experience in family law? Okay Mrs. Walter Mitty, but while I'm looking for some sand you in turn contemplate whether or not being involved in several hundreds of contested child custody cases over the course of forty plus years of private practice counts as experience? And strangely so none of the judges sitting on those many trials were familiar with your expeditious method of making it legal by signing off on a notarized piece of paper!

(Sadly it was only well into my career that our judicial system largely dispensed with the unpleasantness of adversarial court trials over issues of custody with one side of the isle screaming and viciously maligning the other. In place was the adoption of Family Court Services (FCS) where such disputes are resolved in a more collaborative and less contentious setting. Such as home studies conducted by trained certified, specialists, professional evaluations, child custody mediation, assisting parents in formulating parenting plans, etc.., etc.

But also gone was my joy in subpoenaing every potential witness for the opposition and the their family members in attendance (especially the meddlesome stepmothers) and watching their jaws drop in frustration as they were dismissed from the courtroom except while in the witness chair (which none ever occupied at my behest).
I have to say I have done some of these things as well. And enjoy when I do them.
 

zddoodah

Active Member
Apparently both you and Z need reminding that YOU DID NOT recommend that the mother search the court records to determine whether or not grandma "filed for and was awarded custody of her grandchildren"! It seems that you have difficulty recollecting so allow me to refresh your memory.
Ummm...keep me out of your little measuring contest here. I have neither stake nor interest in your childish bickering.
 

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