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karriegab82 · Oct 12, 2010, 10:28 PM

In aug. of 09 the mother signed a paper giving me temp. custody of my son, in nov 09 he went back to live with her. Do I still have temp custody where I could obtain his school files and medical records?

cdad · Oct 13, 2010, 04:06 AM

No, temporary is just that. You should go to court and get visitation and child support set through the courts.

ScottGem · Oct 13, 2010, 04:10 AM

Also, if that letter was not ratified by a court, it may have no legal standing anyway.

But, if you are the legal father, you may have joint legal custody which would entitle you to those records. We need to know more about the circumstances to be able to help. Also ANY question on law needs to include your general locale as laws vary by area.

karriegab82 · Oct 13, 2010, 08:46 AM

Why do you assume we don't have custody or child support already through the courts? The ONLY thing I asked about was if when she gave us temp custody so he could live with us, and it doesn't give an end date, if that would allow me access to his medical records and school records. I'm in Illinois, and she moved the kids, as there are three of them, to Indiana. We ARE taking her back to court because she will not allow us to see the kids even though there is a court order to do so. We are trying to prove her 26 moves in the last 6 years, by how many times the kids have had to change schools. She is LYING trying to say he is a bad dad and that is why she won't provide us the kids. So we are (HE) is now going for joint custody so he has more of a say on how the kids are raised and where they live,seeing as the fastest you can make it to her house from ours is still 2 1/2 to 3 hours away.
WITH the temp custody I have (yes I included myself on the form so I could take care of the child also) I was allowed to register him for school, take him to the doctors, and it states I can do "anything else deemed necessary for the care of the child" Does this help?

cdad · Oct 13, 2010, 12:59 PM

Originally Posted by karriegab82

why do you assume we don't have custody or child support already through the courts? the ONLY thing i asked about was if when she gave us temp custody so he could live with us, and it doesn't give an end date, if that would allow me access to his medical records and school records. i'm in Illinois, and she moved the kids, as there are three of them, to Indiana. we ARE taking her back to court because she will not allow us to see the kids even though there is a court order to do so. We are trying to prove her 26 moves in the last 6 years, by how many times the kids have had to change schools. She is LYING trying to say he is a bad dad and that is why she wont provide us the kids. so we are (HE) is now going for joint custody so he has more of a say on how the kids are raised and where they live,seeing as the fastest you can make it to her house from ours is still 2 1/2 to 3 hours away.
WITH the temp custody i have (yes i included myself on the form so i could take care of the child also) I was allowed to register him for school, take him to the doctors, and it states i can do "anything else deemed necessary for the care of the child" Does this help?

The answer to your original question is still no. What you posted doesn't change anything. The custody was remanded back to the mother so you no longer have it.

As far as "he" the father is concerned there is a lot of things he should be jumping on at this point. Did he allow her to move that far away? What kind of joint is he trying for? Joint Physical or joint legal or both?

At the current distance joint physical is out of the question at this time.

ScottGem · Oct 13, 2010, 05:52 PM

First, why do you attack someone who was trying to help you? You posted very little information and got an answer based on it. In addition to the answer, we tried to help further by suggesting what is needed to to get the info you sought.

We are here to help, but we don't need to be abused because we tried to help.

Fr_Chuck · Oct 13, 2010, 06:33 PM

It was questioned because most people post just like you do, and their temp custody was something the two of them wrote up on paper, maybe had notorized but never went to court.
In the way you asked it, yes, we have to get you to tell us more of the details.

So the temp custody ended the day the children were given back to the other parent.

karriegab82 · Oct 13, 2010, 08:00 PM

No he didn't let he move that far away, she didn't mail us the court date paperwork, so she did get the courts permission, we are still going to fight it. He want both legal and physical and make her move back,

karriegab82 · Oct 13, 2010, 08:03 PM

Didn't attack, I stated a fact as did the responder who TOLD me to go to the court not suggest. It was not abuse, trust me. I've seen people just flip on this site, and I did not do that.

ScottGem · Oct 14, 2010, 04:03 AM

Please do not use the comments feature for follow-up posts. Sorry, but from where I sit it looked like an attack. If you were simply responding to what he posted, you would not have started with; "why do you assume we don't have custody or child support already through the courts? the ONLY thing i asked about..." The question about assuming and the emphasis on "ONLY", sure indicate an attack to me.

If I understand your response to califdad you are saying she got permission from the courts to move by not properly serving you so you didn't show up at the hearing to protest the move. That should give the courts grounds to force her to return. Good luck on your case and keep us posted.

karriegab82 · Oct 14, 2010, 09:21 AM

Thank you and yes, that is how she got permission. In the county that we deal with YOU mail the copy of the court date to the other person, so if you don't... well you see what happen. I hope they do because it is unfair to us, who have to go get the kids, by 5 oclock our time, to have to leave here by 2 2:30 just to make it there in time. That pretty much means we can't work that day or have to work a half day just so we can get the kids. Then by the time we get them, feed them, and drive home, its almost bed time and we don't get time with them anyway. He has to work sat too, which just leaves Sunday where she picks them up by 5. it also cost 30 bucks in gas one way to go get them. Would the fact that she told the courts that the reason she wanted to move was to go to school and 2 semesters have started or past and she isn't in school help us get her to come back. You know like it kind of proves she did it just to make it difficult for us to see them??

ScottGem · Oct 14, 2010, 03:20 PM

You can present all of that in court when you get a new hearing.