momma_tiger and anyone else to give me advice

[doin-it-myself]

What is the name of your state? Indiana

momma_tiger I had stated in a previous post that my ex sent my daughter to live w/ me June 6 of 2002 in Nashville Tennessee I then moved back to Indiana in October of the same year. I went to court in March and filed a Petition to Modify. My daughters father didn't one time try to come and get my daughter but he would threaten to all the time, ( I have all that documented). In the order it was agreed that my daughter stayed with me to finish school and that the Parents were to try to come up w/ an agreement for FUTURE custody and visitation.. THIS WAS SIGNED BY THE JUDGE. He brought the police to my home on June 9, 2003 saying that I refused to let my daughter go w/ him, when in reality it was my daughter refusing to go and I have the police officer that my ex brought to back that up. But here is the thing " The police officer said that since my ex's custody order had the heading "COURT ORDER" and mine only had "ORDER" then they had to go by his order. His court order was dated November 1999 and my Order was dated March 2003. I also found out that the officers that came to my home they were out of their jurisdiction. Now my daughter is agian in my presence for "visitation" and again she is refusing to go back. Since the police officer is going by BF court order instead of my order and the BF order is to go by the Indiana Parenting Time Guidelines wouldn't my daughter be allowed to be with me because according to the guidlines NCP of a 12 yo can have child for 7 weeks of the summer break, I hope this is making since and if it isn't please let me know. Anyway I went last week and filed for Temporary Custody Pending the Outcome of Petition to Modify and I also filed for Appointment of a GAL which I was granted the GAL and also franted the Temporary custody hearing for the same time as the Modification Hearing which is to be held on July 17 at 9:00 am. Any way I am so confuse about this. And I need to know if I should go ahead and keep my daughter with me or should I send her back to her father which would be legal because I deffiniatly don't want to screw up or do anything illegal.

 

[mamadi]

What is the difference in the court orders if one says "court order" and one says "order" ?? We're actually going through a similiar situation with some issues that were put in orders and no one is sure which "orders" still stand and which don't stand.

Thanks

 

[stealth2]

You know what I'm thinking..... There's a juridictional problem here. Indiana may not have jurisdiction, since the original order is from Tennessee and he still lives there. That may well be where your problem lies - you need to be filing in TN.

 

[doin-it-myself]

Actually the original order is from Hamilton county Indiana. I moved to Tennessee in March of last year to get away from drugs because I am a recovering drug addict. In June of last year the step mother gave BF an ultimatum that either she goes or my daughter goes so my daughters father sent her to live with me in Nashville Tennessee 300 miles aways not even knowing if I was clean or not ( I was, but he did not know that and did not even ask). But the case is in Indiana not Tennessee what I meant by the jurisdiction is that when he brought the Police to get my daughter he brought the city police and I live outside the city limits and it should have been the County Sherriff that came not City. Also I have another problem, When my daughter first went to live w/ dad in 1999 she was deffinatly bug free, for twoo and a half years everytime she did get to visit me or one of my family members she was so infested with bugs it was just awful, I mean you could see them jumping, We would treat her and she would go back to her fathers home bug free, This went on the entire time he had her I mean everytime she came for visits she would be infested just to go back clean, it was awful now she is staying with her dad once again and she is visiting with me for the weekend and she came with bugs again and again they are bad, but yet her step-mom is saying that she got them from here, but for some odd reason if she got them from here why is she the only one that has them. I have so much proof about the bug situation it is pathetic. I don't want to make her go back, she has so many deep open sores on her from burns of a motor scooter that has not been treated. I just don't know what to do. So here is another question since the police department is going by his order, and his order states that we follow the parenting guidelines and in the guidelines it says that the NCP gets child 7 weeks of summer break should I or should I not excercise those rights and keep her for 5 more weeks and could I do that legally? Or should I send her back and wait for our court date in July? I just don't know what the legal thing would be. Again if this does not make since please let me know because I tend to ramble.