Ex with custody shipped to Iraq

[MomTryin2Improv]

Dangit, this would be so much less confusing if I could afford a lawyer. I have a couple of new questions...
1) I spoke to a lawyer who told me point blank "Go get your daughter. Take a certified copy of the court order, and bring her back." Will my daughter's sp be able to get me for kidnapping if I do that? There is a judge-signed co, in which I have full custody, and there's a modification filed that gives him "primary physical" guardianship and "substantially equal parenting time" to me that the judge has not signed. Again, both my ex and I have signed the modification, but my ex's lawyer failed to turn in the child support worksheet requested by the judge, so the judge has not yet signed the order for that modification. I am scared to go and just take her from the sp, but I will do it if I don't have to worry about going to jail by doing so. Can the sp do anything?

2) If I were to go get a certified copy of the effective order and they included the modification, can I take my "substantially equal parenting time" without my ex's say so?

 

[LdiJ]

Dangit, this would be so much less confusing if I could afford a lawyer. I have a couple of new questions...
1) I spoke to a lawyer who told me point blank "Go get your daughter. Take a certified copy of the court order, and bring her back." Will my daughter's sp be able to get me for kidnapping if I do that? There is a judge-signed co, in which I have full custody, and there's a modification filed that gives him "primary physical" guardianship and "substantially equal parenting time" to me that the judge has not signed. Again, both my ex and I have signed the modification, but my ex's lawyer failed to turn in the child support worksheet requested by the judge, so the judge has not yet signed the order for that modification. I am scared to go and just take her from the sp, but I will do it if I don't have to worry about going to jail by doing so. Can the sp do anything?

2) If I were to go get a certified copy of the effective order and they included the modification, can I take my "substantially equal parenting time" without my ex's say so?

You CAN'T get arrested. You have custody legally. Even if the modification had gone through, which it hasn't, then you still can't be arrested when you have joint custody and substantially equal parenting time. GO GET YOUR CHILD.

 

[MomTryin2Improv]

How do I get Motion to Modify dimissed w/o ex's sig?

K. A lady from the courts asked the judge about this situation, and the judge says that I have custody of my daughter. Now the problem is that I need to get the motion to modify (that gives custody of my girl to her dad) dismissed, but the lady from the courts says that will require my ex's signature. How do I stop that order from being made? It has my signature on it, and I'm afraid that my ex could get it ordered by the time I can get my daughter here. How do I get my daughter here without that happening?

 

[rmet4nzkx]

K. A lady from the courts asked the judge about this situation, and the judge says that I have custody of my daughter. Now the problem is that I need to get the motion to modify (that gives custody of my girl to her dad) dismissed, but the lady from the courts says that will require my ex's signature. How do I stop that order from being made? It has my signature on it, and I'm afraid that my ex could get it ordered by the time I can get my daughter here. How do I get my daughter here without that happening?

You are going to have to go in person to the court and file a motion to recide your signature on the agreement and a motion to dismiss or vacate the order since your ex did not sign the modification, while you are there you need to file a motion to get an order to return your child to your custody. The other option is to go to AK with your custody papers and get your child, but it will be easier with the court order to return your daughter. You need to see a judge, the other option is to contact the DA office, show them your custody papers and the fact that the SM won't return your child. They will help you from there.

 

[MomTryin2Improv]

K, my ex did sign the motion to modify. That's why the clerk said I would have to get his signature on the motion to dismiss the modification....can I still recide my signature, even though he signed it too?