Custody Question

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Custody Question

Postby Achess » Mon Jan 17, 2005 2:53 pm

My daughter's mother recently gave up my daughter to me. But other than physically having custody of her I have no paper work to back it up. Her mother wants her to visit during the summer. That in itself is fine by me. But she likes to change plans like deciding to have my daughter stay for good. My daughter has bounced back and forth enough and when I allowed her mother to send her to me it was under the condition it was permanent except for visits of course. To keep my daughter from changing schools making new friends all the time which is very damaging emotionally.

I believe her mother will sign any documents I want to file uncontested. My question is what needs to be filed to show legally that I have custody and protect me from her mother deciding not to send her home during her summer/holiday visits?

Thanks in advance,

Aaron
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Stipulation & Order

Postby Lawmoe » Mon Jan 17, 2005 3:02 pm

Agreements related to custdy and parenting are unenforceable unless they are memorialized as part of a Court order.

If you have already been adjudicated the father, you have two options:

(1) You may have a lawyer draft a Stipulation and Order addressing custody and parenting time issues and submit the same to ethCourt for entry as an order; or

(2) You may file a Motion to seek custody in a contested procedding based on the integration of your child into your home with the other parent's consent.

If paternity has not been adjudicated, you must commence a paternity action and have that paternity adjudicated before any of the above can occur.
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Postby Achess » Mon Jan 17, 2005 3:18 pm

Your reply brought to light another question. I have been adjudicated the father via support hearings. I had went to file to amend my daughter's birth record because her mother put someone elses name on the birth certificate. She actually sent me the form to amend the birth record with her portion filled out and signed. But I cannot locate the document from earlier in the child support hearings (dates back 10 years) that is to be sent with the request to ammend birth record. I wondered if anyone knew what document I need to request and who in the City State of the case to get it from. I thank you for your reply. It seems Number 1 in your reply is what I will have to do. I was looking for a way to do it without a laywer if possible just to save some money as I doubt this action will be contested. But of course with a lawyers help it woul dbe much easier. I try to do things myself where possible but I don't even know where to start for this action. So it's probably best to at least consult council.

Thanks,

Aaron
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