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fefes · Apr 27, 2011, 04:31 PM

I was granted primary custody. I gave the other party 30 day notice that me and our son were relocating out of state cause I got married. I week before I was to move he filed a motion to stop me from moving. I still moved in the notice I said he could have our son for the summer. He filed another motion and I did not respond to it. And he was awarded temp custody because they say I did not follow court order.

ScottGem · Apr 27, 2011, 05:08 PM

And this surprises you? You were granted primary custody and, I'll bet he was given visitation rights. And your move would have changed his ability to exercise his visitation rights. So you NEEDED to get court permission for the move. Just giving him notice even offering a full summer visit was NOT up to you. You should have gon to the court and tried to get the court to agree to this. You didn't, you ignored the court, even going as far as ignoring the court summons. So the court granted him temporary custody.

Now you have to turn the child over to him. Since only temp custody was awarded, you now have to go to court and, basically, throw yourself on the mercy of the court for defying them.

Better get yourself a lawyer. I doubt if the court will dismiss the motion since you continue to show disdain for the court rulings by asking them to dismiss a ruling they made. What arre your grounds for your motion? Like I said, better go to the hearing and apologize to the court.

fefes · Apr 28, 2011, 11:22 PM

Well that's the thing I did not know that I had to respond to a motion that he filed. I was not summoned to appear it was just a motion that HE filed on his own. I regret not going to court of course. But while he has had temp custody he changed his number and I have to call my son at school to talk with him and he won't eeven let me see him and he talks bad about me to my son that's one reason I was granted custody because he commits parental alienation and he is a felon and he suffers from mental retardation which is why he receives ssi I'm the better parent I think the order can be dismissed on the grounds that while with his dad he has alienated me from my child and the fact that him and his girlfriend who live together went to jail for a day cleary that's not a good environment that's y I feek I have grounds to ask the judge to dismiss it I think

He filed that motion himself I was not summoned to appear that's y I didn't. I feel I have ground to dissmiss the order because while he has been with his dad his grades have gone down he changed his number so I have to call the school to speak with my son he got a third degree burn on his foot and him and his live in girlfriend both went to jail on domestic issues.and he alienates me from my child that's parental alienation. I was granted custody because he is a felon and he receives ssi for mental disabilities and because he was unwilling to foster a relationship between me and my son I think I have grounds to file a motion to dismiss it based on all that's gone on since he been with him but there is a paternity pretrial conference order scheduled in June his attorney set that up another delay tactic on there and so I want to file this motion asap I think I have grounds what do you think

ScottGem · Apr 29, 2011, 03:18 AM

You really need to get yourself a lawyer before you mess this up even more than you have. You have no clue what the proper procedure is so you keep blundering around. You have to do things properly.

As I understand it, "dismissing" an order means that it never happened. That's not going to happen. You ignored the court. What you need to do is end the temporary custody and restore your primary custody. You may be able to do that, but there is the fact of your move in the way. You ignored the court in planning a move without getting court permission. The court is not going to like that.

So get yourself an attorney immediately and make the proper filings. Given his history, for the courts to grant him temporary custody shows, In my opinion, that they are punishing you for turning up your nose to the court.

P.S. Please use the Answer options for followups, no need to Answer and use the Comments.

fefes · Apr 29, 2011, 06:54 AM

Ow well what does in my opinion mean

ScottGem · Apr 29, 2011, 07:16 AM

Again, Please don't use the Comments feature for followups.

IMHO= In My Humble Opinion

AK lawyer · Apr 29, 2011, 08:01 AM

Originally Posted by fefes

well thats the thing i did not know that i had to respond to a motion that he filed. i was not summoned to appear it was just a motion that HE filed on his own. ...

Normally, if there is a custody order (whether in a divorce case or otherwise if the child was born out of wedlock), the case is, in effect, open during the minority of the child. Thus a motion can be filed in that case, without a new summons,. forever.

As Scott told you, get yourself an attorney. You clearly don't know what you are doing and you can't afford to make any more mistakes like this.