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UCCJEA+TANF+UIFSA+Choice Law= Abductions and Chaos

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Imeanseriously

Junior Member
What is the name of your state (only U.S. law)? California

I don't know if I should laugh or cry anymore. I never considered posting my story on the internet, but I've exhausted all other options. 4 yrs, tens of thousands of dollars, 70,000 miles traveled, 4 attorneys, displaced, estranged from my beautiful twin boys for nearly a year, yet my love grows stronger everyday for my children. 2,000 miles apart but the bond that we share is undeniable, unbreakable, inpenetrable. The spirit of innocence radiating from our children will rise above our broken system. Our love will shine bright over the tallest mountain, the deepest ocean, till the ends of the earth... Our boys will be a testament to the power of love, the perfect harmony of our creator, the miracle of their birth.
 
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pinkey14

Member
Glad that your spirituality has helped you find peace in a trying custodial situation, but this legal forum is probably not the appropriate venue for your prayerful declarations (which, by the way, hold no more weight or relevance when uttered in Olde English or King James).

If you do decide to post here, and you indeed have a LEGAL QUESTION, referring to courts, laws, and problems you've had with them as "chains of oppression" and insinuating that you are in some manner above the law isn't going to get you too far anywhere other than Bible study, poetry class, or anarchist assembly.

You'll have to drop the grandeur prophetic lingo and cut to the chase.
 
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Imeanseriously

Junior Member
you are on a LEGAL site. What was your LEGAL question?
The answer to most legal questions is employment of choice law and political connections. That's not coming from my mouth, that's from countless attorneys and law professors I've spoken with. I followed procedure and did everything according to the law. Yet my kids were abducted pre-decree at two months old, a Vol Ack was completed and registered.

Taken to the State of Mississippi placed on TANF and medicaid without my consent or knowledge, while they were completely covered under my HMO. 200K was billed to my insurance for the pregnancy and birth.

She finds an attorney who knows the County Court Judge, she tells me she is filing for custody. I immediately file in California which automatically retains home state jurisdiction. I get served petition on Jan 6, 2006 and hearing was set on Jan 9th, but not decided on until Jan 17th. Which is hand written and scribbled in the docket.

Cali judge, whom was recently in the news declined my request to not allow kids out of the State, in direct violation of the Parentage Act and Standardized restraining orders on all California paternity, custody, and support motions. She then dismisses my motion because "County Court of issued custody orders and Mississippi had jurisdiction over my children"

I guess that's how the UCCJEA is supposed to work, huh?

The real problem is that County Court does not have authority, nor jurisdiction intrastate to award custody of minor children.

It took me 4 years and an outside the county attorney to finally file motion of truth, that my children were abducted and County Court lacked jurisdiction.

My first two attorneys were involved in pilot TANF, community programs and were colluding with her attorneys and silently working for child support enforcement soley to lock me in for support.

My second to last attorney tried transferring the county order "in full effect" to the Chancery Court, which does have proper authority. He was colluding with her attorney, who just so happened to fake his own death, disbarred, wanted by Feds, represents and defends convicted crooked cops in the county, and to boot, his company sells water to the City where my case is.

I go to Mississippi for a few months to make final attempts at parenting plans, and am slapped with trumped up contempt charges just because I was filing for custody. I realize that all the attorneys were payrolled by support enforcement and tell my attorney not to transfer anything. That the custody orders were erroneous and that Mississippi lacked personal jurisdiction over me to enforce, initiate a support action. I release him that evening. I find out from court records that he, the opposing attorney, and the judge signed an order setting trial an hour after I left his office at 6 pm.

I retain an outside county attorney who files motion to dismiss everything. She was the only attorney that made mention of California proceedings. She files ex parte. I got to Chancery Court. NOT A SINGLE WORD was spoken by myself of the mom. Judge and attorneys were in chambers for 20 mins.

My attorney comes out and tells me, " The kids are in limbo, the judge will decide on jurisdiction within 20 days.

I am then cut off from my kids completely. She wouldn't answer the phone or let me see them. 1 month, 2 months, 3 months go by and nothing from the judge. He attorney filed some brief with had different birth dates for my kids, erroneous comments about the mom being a resident, etc etc. The brief never goes on file. It also claimed that my mere appearance at the hearing concluded personal jurisdiction over me now in the CHancery Court. I thought that was real cute.

So after 3 months of being cut off, I got the hell out of there. I went back to Cali. The case just so happened to be on calender for dismissal. I go to 3 different hearings trying to keep it alive. And low and behold, on 9/18 the final hearing Cali judge claims to talk to Miss Court and finds that Custody orders were issued and Cali lacked jurisidiction. BUT IT GETS BETTER, 9/29 Miss judge comes out with her ruling that Miss County court lacked jurisdiction concering custody and visitation and order is "hereby VOID". But she retained the portion of the order dealing with paternity and support.

So after 4 years, no jurisdiction for custody, no temporary orders. Just child support human trafficking my kids and trying to extort me. The county court orders said I was to give money directly to mother which I always had done, and recently sent a letter demanding money sent to them

Brief points to mention

Chancery Court MS allows adoptions without paternal fathers knowledge or consent

The were different names on some of the ms petitions

So what went on here? MS deemed my kids illegitimate upon their arrival. must have terminated my rights somehow while i was properly proceeding in California. probably put the warehousing grandparents on the TANF payroll, along with the judges and attorneys.

Pocketed the Sct IV funds while I was paying the mom. And then scrambled to cover it all up when I brought an outside attorney in.

It took 7 months for Miss judge to make that 2 page ruling. Real nice huh. I will never step foot in that court for what they've done to my kids. My only hope is to refile with the new evidence in California according to the UCCJEA, but it's all about TANF, child support, and human trafficking. Their town's crime rate a tripled in the last 2 years with all their TANF programs.

I guess that's not oppresion, is it?
 
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Imeanseriously

Junior Member
Glad that your spirituality has helped you find peace in a trying custodial situation, but this legal forum is probably not the appropriate venue for your prayerful declarations (which, by the way, hold no more weight or relevance when uttered in Olde English or King James).

If you do decide to post here, and you indeed have a LEGAL QUESTION, referring to courts, laws, and problems you've had with them as "chains of oppression" and insinuating that you are in some manner above the law isn't going to get you too far anywhere other than Bible study, poetry class, or anarchist assembly.

You'll have to drop the grandeur prophetic lingo and cut to the chase.
So yes Pinky, I'm pretty emotional and am thankful for a good family and friend support system to lean on during these trying times. How you were able to jab at my verbage and completely disregard a parent who has been estranged from his kids and was willing to move to a State where I knew nobody by the time my kids started school because the mother refused to move back west. To get there and be cut off completely and the behavior was endorsed and encouraged by her attorney and the Courts.
 

ecmst12

Senior Member
If you were never married to mom and paternity had not yet been established, then your children were NOT "abducted" - mom automatically has sole custody until a court says otherwise and can LEGALLY take them wherever she likes. Once she had been in that state for 6 months, it would be appropriate for that state to have jurisdiction.

Support is in fact a totally separate issue from custody and can (and frequently is) handled in a separate proceeding and sometimes in a separate state entirely. Your obligation to pay support has nothing whatsoever to do with your rights to file for visitation and/or custody.

Thank you for at least posting in paragraphs instead of a huge block of text like many first-time posters.
 
1. Human trafficking? Something is not adding up here... So do you have court ordered and properly conducted paternity? As an unmarried father, with establishing paternity, you have no legal rights to the children. Before going further, answer this question.

2. Frankly, your allegations of corruption are so widespread and specific to your case that they sound like the ramblings of a paranoid schizophrenic. I am not being derrogatory, either. It's very unlikey that everybody is in cahoots to keep your boys on TANF. Most people on TANF are jumping through daily hoops to stay on the grant, which usually has a lifetime benefit of 60 months. And TANF itself is not tripling a crime rate and keeping your kids from you. Believe me, they would FAR rather boot mom and kids off welfare and have you step in.

3. Please edit your post to remove real names from the forum. It's not allowed.

4. In the spirit of trying to help you, can we pare it down a little so your question is easier to understand? From what I gather, you and mom were never married, live in different states, and you pay her support. You are not allowed to (or have never seen) see the children, and are having trouble establishing jurisdiction so that you can exercise you right to parenting time if you've been deemed a fit parent? Is that it, in a nutshell? If so, maybe people can respond more specifically to your question.

FYI though, by claiming that you will never "step foot in that courtroom again", you only hurt your kids, and people may be less willing to help you.
 

Imeanseriously

Junior Member
1. Human trafficking? Something is not adding up here... So do you have court ordered and properly conducted paternity? As an unmarried father, with establishing paternity, you have no legal rights to the children. Before going further, answer this question.

2. Frankly, your allegations of corruption are so widespread and specific to your case that they sound like the ramblings of a paranoid schizophrenic. I am not being derrogatory, either. It's very unlikey that everybody is in cahoots to keep your boys on TANF. Most people on TANF are jumping through daily hoops to stay on the grant, which usually has a lifetime benefit of 60 months. And TANF itself is not tripling a crime rate and keeping your kids from you. Believe me, they would FAR rather boot mom and kids off welfare and have you step in.

3. Please edit your post to remove real names from the forum. It's not allowed.

4. In the spirit of trying to help you, can we pare it down a little so your question is easier to understand? From what I gather, you and mom were never married, live in different states, and you pay her support. You are not allowed to (or have never seen) see the children, and are having trouble establishing jurisdiction so that you can exercise you right to parenting time if you've been deemed a fit parent? Is that it, in a nutshell? If so, maybe people can respond more specifically to your question.

FYI though, by claiming that you will never "step foot in that courtroom again", you only hurt your kids, and people may be less willing to help you.

Paternity was established in California through vol acknowledgement. Sorry about that name. I will edit it right away.

So I guess I'm the crazy one because my kids were abducted across state lines. And yes, when people, states, entities profit off my children and hold them for profit. Safe to say that is human trafficking. Might want to read up on the slave trade and interstate commerce
 

Imeanseriously

Junior Member
My point is when parents fraudulantly cross state lines and place kids on medicare and TANF, the new State ignores the UCCJEA and just makes it a support case.

Maybe it doesn't happen all that often, but it is a known tactic. SHe was coached all along. The parents didn't even live there. They had just moved there in the last month of her pregnancy.

Middle of civil war cemetary, kids bedroom was 30 feet from busted meth lab, the mom was assaulted at her work and spent a week in the hospital.

Not a good situation for kids in my opinion.
 

Imeanseriously

Junior Member
If you were never married to mom and paternity had not yet been established, then your children were NOT "abducted" - mom automatically has sole custody until a court says otherwise and can LEGALLY take them wherever she likes. Once she had been in that state for 6 months, it would be appropriate for that state to have jurisdiction.

Support is in fact a totally separate issue from custody and can (and frequently is) handled in a separate proceeding and sometimes in a separate state entirely. Your obligation to pay support has nothing whatsoever to do with your rights to file for visitation and/or custody.

Thank you for at least posting in paragraphs instead of a huge block of text like many first-time posters.
you are not allowed to leave California f there is another parent involved. Read up on the Unified Parentage Act that California has
 

Ronin

Member
The mother moved to MS before the child was born, and continued to reside in that state since then?
 
Dad,

When the parents aren't married, paternity can ONLY be established through DNA testing. It's the law. Aside from that, it is not any state's job to give rights to the parent who has not been determined via DNA. I am well-versed in issues of slave trade and interstate commerce. You, on the other hand...

Actually dad, I --by no means-- want to get into a pissing match with you. I think, as does everyone else on this forum, that children best benefit by having BOTH parents actively involved in their lives. Most of us are here in the first place because we are fighting for time with children we love. By the way, states LOSE money when families are on TANF, they are not profitting. And mom is probably getting less than $1000 per month. Since this is a legal forum, you'll be advised to avoid claims of abduction and human trafficking. In your heart it may very much feel like it, but those terms have specific legal implications that are unrelated to your case.

Can you enlighten us as to why mom says she doesn't want you to see your kids?
 
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Imeanseriously

Junior Member
If you were never married to mom and paternity had not yet been established, then your children were NOT "abducted" - mom automatically has sole custody until a court says otherwise and can LEGALLY take them wherever she likes. Once she had been in that state for 6 months, it would be appropriate for that state to have jurisdiction.

Support is in fact a totally separate issue from custody and can (and frequently is) handled in a separate proceeding and sometimes in a separate state entirely. Your obligation to pay support has nothing whatsoever to do with your rights to file for visitation and/or custody.

Thank you for at least posting in paragraphs instead of a huge block of text like many first-time posters.
UCCJEA Remaining parent has 6 months to file custody to retain HOME State jurisdiction.

I must be in the wrong place. Are you just randomly making things up, and justifying a parent abducting a child?

That's the norm nowadays I see.
 

Imeanseriously

Junior Member
The mother moved to MS before the child was born, and continued to reside in that state since then?

No, babies were born in Cali, I cared for them with her in Cali. She went to visit her parents in Miss. Promised to come back and filed suit as soon as she arrived there. She was there 1 month and had never been there before
 

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