Log in

View Full Version : Forged Parenting Plan


Pearlchambers
Oct 16, 2014, 02:43 AM
My exhusband forged my signature on a parenting plan. This was done at the clerk of courts in Arizona. The clerk is no longer there. What should I do?

joypulv
Oct 16, 2014, 04:18 AM
Make an appointment with Family Court to state your situation. The fact that the clerk is no longer there is irrelevant. The clerk couldn't possibly be expected to remember a particular day and person or persons anyway.

Pearlchambers
Oct 16, 2014, 10:37 PM
My ex forged my signature on a parenting plan. Does anyone know how that can be proven in a court of law? This happened a year and a half ago. However, I decided to take him back to court as there wasn't any set times for visitation. I didn't learn about the people until we went to court and the judge said we would resume in a few months to decide further. However, until then we will go with the plan signed. I was completely oblivious. I had no idea fraud played a part. Talking about being in the dark!! I didn't know what signatures he was speaking of. I raised my hand in court and advised the judge I would have never signed the other parties parenting plan... at least not knowingly!! So now after finally going through the entire docket file I see my alleged signature!! Does any one have an idea as to what will take place? Will they let this s.o.b off?

J_9
Oct 16, 2014, 10:44 PM
He probably won't go to jail for that. Jails are too full with real criminals. He may have to pay a fine though.

ScottGem
Oct 17, 2014, 05:23 AM
Does the signature look like yours? Was it notarized? You might need to hire a handwriting expert to prove forgery.

If you want him to go to jail you can speak with a local prosecutor, but it is unlikely they will prosecute.

I'm a little confused here. What was this parenting plan? Who are these other parties? Did it include set times for visitation? Who has primary custody?

Fr_Chuck
Oct 17, 2014, 05:46 AM
You will have to hire a handwriting expert. A parenting plan would have needed a notary, so a notary would have also been involved in the fraud.

Once signed, normally you are also mailed a copy of the approved case work.

But you contact the police and press charges. With evidence from handwriting expert.

No, my opinion he would get a fine and probation, but not see a jail.

Pearlchambers
Oct 17, 2014, 06:28 AM
I was the primary parent with sole custody in 2012. However, because he was not fulfilling his obligation of paying Childsupport or sticking to every other weekend to keep our child which was court ordered, we both agreed that he would just keep her while I worked a part time job. I went to The Childsupport division to drop the Childsupport . He called me two weeks after I dropped it and said I didn't finish the process. I told him I signed docs there and I was not going back. He put together a parenting plan in 2013 stating that we agree to 50/50 and the Childsupport arrears should be dissolved. The last page had my alleged signature stating that I agree to all the terms. Notorized at clerk of the court!! His previous wife was a police officer. Not sure if she helped him pull this off. I never received a copy because he had no reason to mail one. My signature with notary is stating I was there. From the fraudulent plan the judge entered joint custody. I had no idea this was going on!! I don't recall telling him the day I was going to Childsupport to drop case. However, court dockets show the parenting plan was signed the same day I was at the Childsupport Ofc. But, he called me a few weeks later prior to tell me I didn't finish the process!! This is the part which is most confusing!!

ScottGem
Oct 17, 2014, 07:33 AM
OK, Do you have the name of the notary that signed it? A notary doing a false notarization can have their license revoked.

What I would do at this point is file a motion to have the parenting plan revoked since you never agreed to it. See what the judge wants to do about the forgery.

Pearlchambers
Oct 17, 2014, 08:07 AM
Ironically, the notary person is no longer there. Thanks for your response

ScottGem
Oct 17, 2014, 09:29 AM
Doesn't matter. If they are currently an active notary, the licensing bureau can find them. If they lost their notary license because of irregularities that will bolster your case. So you should contact the agency that licenses notaries.

tickle
Oct 17, 2014, 09:33 AM
This all sounds kind of peculiar, to say the least.

You do not have a copy of the paperwork but you looked through the docket and read it; the notary's name would have been on it. So someone knows who he is !

AK lawyer
Oct 17, 2014, 11:09 AM
As I read what OP wrote, it wasn't a notary public who notarized the document; but rather the clerk of court.



.... Notorized at clerk of the court!! ...

In many, if not all, places a clerk of court (or deputy clerk of court) can notarize documents ex officio (a notary commission is not required).

Pearlchambers
Oct 26, 2014, 08:08 PM
My niece is going to the police academy for 7 months. Can her x file for full custody? As it stands now she is the sole primary decision maker. The grandparents will keep her while mom visits on weekends.

J_9
Oct 26, 2014, 08:18 PM
Your title states that this is you and the body of your thread states it is your niece. Which is it? Not that it really matters.

Is there a current custody order in place? Yes, he can file for custody if there is no current order. If there is an order he can move to have it modified.

Fr_Chuck
Oct 26, 2014, 10:23 PM
The ex can file for custody anytime.

My first wife and I filed and fought for custody about once every two years for a decade

So, while in the training academy she will have to go to some court hearings.

The father may get temp custody while she is gone, since he would have more rights than grandparents,

Also what is his visitation, if he has weekend visits, the mother can not keep him from those for her visits.

So, it is very possible, unless there is a reason the father is a danger to child, that he would get to keep the child, she she is in the training school.

She can try, with an attorney to stall the hearings and keep his request out of court for 6 or 7 months. Then she would be finished before it even goes to court

Pearlchambers
Nov 6, 2014, 11:46 PM
Had a. Court hearing last week concerning a forged signature on a parenting plan. The judge stated that he didn't think my signature was forged, however he stated that he likes to keep an open mind. He also said that someone was going to end up with a felony for perjury or fraud. He stated that if this is a copy, cut, paste someone was going to be in big trouble. He sent the bailiff out to speak. She walked around the court as if to intimidate. She looked at other party and said we have cameras. He said, Good, you will see her!! My question is how does the court investigate this. How did he get this plan notorized in the first place. I believe he took some girl who favors me. But wouldn't she need gov issued I.d. Do you think plan was already signed? How did he pull this off?

Fr_Chuck
Nov 7, 2014, 01:57 AM
Either you signed it, when you were signing other papers and do not remember.

Of he knows someone who is a notary that would lie for him.
Or he used someone that looks like you.

It if it is not a real signing, and merely photoed on the form, that would be obvious.

They could will give this to one of the investigators ( but really it is your obligation to prove it is fraud) so the court and assume it is real, unless you hire hand writing people to prove it is not yours.

cdad
Nov 7, 2014, 04:45 AM
How many pages are in the plan and which is the page with your signature ?

ebaines
Nov 7, 2014, 07:39 AM
If the original docsuments were notarized there would be a raised notary seal on the paper - there is no way to forge that with simple photocopy or scan, copy and paste. So - have you seen the original?

Secondly, the notary public who notarized the document would have a log book of date and time and a record of the government-issued ID that was used to proved the identity of the person signing. Get in touch with that notary public and ask to see her log.

AK lawyer
Nov 7, 2014, 08:21 AM
If the original docsuments were notarized there would be a raised notary seal on the paper - there is no way to forge that with simple photocopy or scan, copy and paste. So - have you seen the original?

Secondly, the notary public who notarized the document would have a log book of date and time and a record of the government-issued ID that was used to proved the identity of the person signing. Get in touch with that notary public and ask to see her log.

A raised seal, an a notarial log-book is not always used, nor are they required in all states.

But yes, taking the deposition of the notary would be the first step.

As Fr Chuck indicated, OP should not rely on the court to get to the bottom of this; instead OP should hire her own investigator @/or forensic expert(s).

There are several other related threads by OP. Someone should merge them.

Pearlchambers
Nov 7, 2014, 09:28 AM
If the original docsuments were notarized there would be a raised notary seal on the paper - there is no way to forge that with simple photocopy or scan, copy and paste. So - have you seen the original?

Secondly, the notary public who notarized the document would have a log book of date and time and a record of the government-issued ID that was used to proved the identity of the person signing. Get in touch with that notary public and ask to see her log.
I went back to clerk of court but that deputy clerk no longer works there. Also, I am thinking that the doc was already prepared prior to giving it to the clerk of court. I believe he took a girl with him that may favor me. But, how would she produce I.d?

Pearlchambers
Nov 7, 2014, 09:40 AM
A raised seal, an a notarial log-book is not always used, nor are they required in all states.

But yes, taking the deposition of the notary would be the first step.

As Fr Chuck indicated, OP should not rely on the court to get to the bottom of this; instead OP should hire her own investigator @/or forensic expert(s).

There are several other related threads by OP. Someone should merge them.
I'm in Arizona currently. As far as hiring a forensic expert, they are asking for the original docs. I've never seen the originals. Can you please tell me why I should hire an investigator? Especially if the court is willing to look into?

AK lawyer
Nov 7, 2014, 12:09 PM
I believe he took a girl with him that may favor me. But, how would she produce I.d?


It's possible that she wasn't asked to provide ID. You'd have to ask the notary.


... As far as hiring a forensic expert, they are asking for the original docs. I've never seen the originals. Can you please tell me why I should hire an investigator? Especially if the court is willing to look into?

A "forensic expert" can be handwriting expert who, as I understand it, doesn't need to examine the original document in order to have an opinion as to who wrote a document (or a signature).

Judges are not usually expert witnesses. Furthermore, they only are required to consider the evidence presented to them. If you want something done right you do it yourself (or hire someone).

Pearlchambers
Dec 22, 2014, 07:59 AM
Seems like it is really hard to prove forgery. This moron of an ex husband forges my name on a parenting plan. I had no idea! This gives him joint custody and a 50/50 parenting plan. When I initially had sole custody and he was supposed to visit every other weekend. Anything to get out of paying Childsupport. So in the process of going back and forth to court, the original papers filed can not be located. Most likely exiled and original docs shredded. Judge says this doesn't appear to be a forgery!! Only because both parties have to show I.d at the clerk of court and apparently sign in presence if clerk. This leads me to believe he took someone posing as me or he had docs notorized at clerk of court with only his sign and later did a cut copy paste. Do I have any other way to prove that I didn't sign this?? Why doesn't court pull the video tape?? It had been almost 2 years now since it happened. Do I have an option to file a police report or will they dismiss it?

joypulv
Dec 22, 2014, 08:19 AM
It isn't hard to prove forgery. It's hard to get a Family Court to pay for an expert.
Video gets recycled. Probably more often than every 2 years. Did you ask for it?
The police don't 'dismiss' cases, courts do. Police can refuse to investigate, or show it to the DA's office. They make take your report and file it away. That's pretty common. You can file a report as a sort of record of what you think happened, but it's not likely to ever get used.

I'm finding it hard to believe that your ex (who is sleezy but no moron) got away with a copy/paste. More likely he has an ID of yours, and took a woman who looks like you. But who knows - your court isn't caring too much about this, probably overloaded with cases of child abuse and abduction and so on.

Go back to court with a petition for a new custody arrangement, and try this all over again. Or hire a lawyer!

ScottGem
Dec 22, 2014, 08:33 AM
If I read you correctly, the judge is saying that you are lying when you claim you never signed the Parenting Plan? Have you tried calling the clerk as a witness? Is the clerk a notary?

If the judge refuses to believe your statement that you never signed that document, I'm not sure where you can go from here. Hiring a handwriting expert is on possibility but any expert you hire will be assumed to be on your side. And I doubt if the court will hire someone for this. Are the signatures reasonable close? Can you prove you were somewhere else when the papers were signed?

talaniman
Dec 22, 2014, 08:35 AM
You have needed an expert at the law to help you through this from the beginning, and you really do need one now. More expensive but less frustrating.

cdad
Dec 22, 2014, 02:38 PM
I have to ask, Why have you waited 2 years to address the problem ? This all should have been brought to the open 2 years ago. What has changed ?

AK lawyer
Dec 22, 2014, 03:29 PM
Cdad, OP wrote here on October 17th that: " So now after finally going through the entire docket file I see my alleged signature!! ". So it wasn't until October of this year that she discovered the alleged forgery. I have my doubts, however and find it hard to believe that she went to a court hearing without first being sure that she had all of the documents filed in the case, and then wasn't sure that she had signed the plan. I'm thinking that the judge may have got the impression that her uncertainty on that score brings her credibility into issue.

cdad
Dec 22, 2014, 06:27 PM
It had been almost 2 years now since it happened. Do I have an option to file a police report or will they dismiss it?

This is where I started to lose understanding and where the issue of 2 years comes up as the OP seems to have had plenty of time to address the problem. Im wondering what changed recently that brought this all up. Surely they would have seen the parenting plan at the hearing.

Fr_Chuck
Dec 22, 2014, 07:53 PM
In regard to it all. It is easy to prove forgery. But the court is not going to pay to have it done. You will have to hire someone, who will examine your copy, and other samples of hand writing. Then you hire an attorney, who files a motion, to overturn the custody paper work, on grounds of fraud.

The issue here, you will have to pay for it, the state does not pay for it

Pearlchambers
Dec 22, 2014, 09:50 PM
Initially both my ex and I went to court back in 2011. I originally filed Childsupport and was awarded sole custody and Childsupport. My ex and I verbally agreed that he would help keep our daughter while I worked. So in 2013 I dropped Childsupport as he was FINALLY helping me while I worked part time. Just this past sept things were not working out. I was getting the short end of stick!! So I decided to take him back to court to re-enforce the court order. I printed everything off the docket that I thought was important. I kept seeing an order stating "signatures" of both parties and honestly did not realize what it meant. I thought it referenced a past issue. It wasn't until I went to court this year and the judge mentioned signatures that him and I were to follow. I questioned it then. I finally knew to print under ppl which was my first time seeing this parenting plan of which the other party fraudently submitted. I'm 100 percent sure that I did not sign.

Pearlchambers
Dec 22, 2014, 10:02 PM
Question: so with the copy I have. A handwriting expert can examine it? Make a decision that 1: it is not my signature or 2: it was copied 3: where is the best place to hire a handwriting expert.

The judge is simply stating he doesn't think this is a forge because the practice of the clerks obtaining signatures with I.d on the front end. However, the burden to prove that I did not sign this doc is on me.

talaniman
Dec 22, 2014, 10:19 PM
I would hire a lawyer, and let him use his expertise in your behalf. Either proving your claim of forgery, or getting a new order done for you, or BOTH. It may be cheaper than you think, and much more efficient, and effective.

Given your situation its an option well worth exploring.

ScottGem
Dec 23, 2014, 05:32 AM
A lawyer would know where to hire a handwriting expert. So would a private investigator. But handwriting analysis is subjective and even if you get an expert to say it's a forgery, the court does not have to accept it. A better tactic would be to see if you can show that you were not at the courthouse at that day and time.