Check out some similar questions!

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

Originally Posted by ebaines

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.