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SmilingInside · Aug 11, 2012, 12:10 AM

I made a custody agreement for convenience, as my mother has had my son (which I had as a teen) since a very young age. I want to rescind the agreement due to current circumstances.

Circumstances:

The child has been on probation and in a PINS program for 2 years now. Notihing has progressed, he is only getting worse.

He is now in foster care, it was the last resort.

Problem is, we are now going through the family court system and my mom is causing a lot of trouble for me. I don't think she should be involved anymore considering what she is doing.

I received court summons in the mail and it's full of BS. She is being vindictive and lying.

Not only do I want to rescind the agreement, but I'd also like to know if the court papers can be modified due to the lies and hearsay contained within the statements she made. It's complete lies and I can prove it, and she can't prove any of it's true. I don't want a judge to look at it and take it as face value, nor do I want to have to discuss it in court.

The main purpose for rescinding the custody agreement is that she wants to be involved (for the wrong reasons... which is money) and I don't mind her being a resource for the child (as I am unwilling to be a resource), not at all, but if this happens I need my parental rights terminated. I am working on this, but in the meantime, I want her out of the loop. I do not want her involved in the court proceedings.

Please help.

AK lawyer · Aug 11, 2012, 05:03 AM

Originally Posted by SmilingInside

I made a custody agreement for convenience, ...

Not only do I want to rescind the agreement, but I'd also like to know if the court papers can be modified ....

Did the custody agreement result in a court order?

You would have to be more specific as to what you mean by "court papers". Those are generally more difficult to rescind.

J_9 · Aug 11, 2012, 06:23 AM

I'm curious to know what your mother is lying about.

In one thread you are trying to kill "parasites" by using tobacco. What kind of parasite would you be trying to kill?

https://www.askmehelpdesk.com/medica...es-692688.html

In another you appear to be a person with a serious prescription drug problem ending in you having an abortion.

https://www.askmehelpdesk.com/medica...nt-672091.html

Along with this thread... https://www.askmehelpdesk.com/other-...ls-591399.html

Then you ask about using alcohol to lose weight... https://www.askmehelpdesk.com/nutrit...ht-579398.html

And the most damning is that you want to prevent social workers from talking to your child(ren) alone at school.

https://www.askmehelpdesk.com/family...ol-631191.html

For all intents and purposes it appears that your mother is not causing problems for you, but you are causing problems for yourself AND your mother.

Care to come clean?

ScottGem · Aug 11, 2012, 06:28 AM

You can't just rescind a court order. If an agreement was signed off by a court then a court has to issue a modification.

You can't modify court records, but you can have your own evidence or statements added to the court record.

J_9 · Aug 11, 2012, 06:30 AM

Originally Posted by ScottGem

but you can have your own evidence or statements added to the court record.

AND, her mother can use the OP's posts here as HER evidence to support her stance.

SmilingInside · Aug 11, 2012, 07:42 AM

I mean rescind the custody agreement.

The problems involve her saying things she has no clue about. The paternity of said child was never established and she is naming names who have nothing to do with paternity. I know who the child's father is, and I don't appreciate her speculating, and I don't know why a court would accept her accusations... why not ask ME? Among other things.

Like I said, I don't have a problem with her being a resource but I'm perturbed about the lies in the court affidavits. I don't understand why they didn't come to the source (me) but ran with whatever she said. It makes no sense.

SmilingInside · Aug 11, 2012, 07:48 AM

Originally Posted by ScottGem

You can't just rescind a court order. If an agreement was signed off by a court then a court has to issue a modification.

You can't modify court records, but you can have your own evidence or statements added to the court record.

Can you tell me how?

And what I want rescinded is the custody agreement. I just want the court docs modified or amended.

ScottGem · Aug 11, 2012, 08:36 AM

Originally Posted by SmilingInside

Can you tell me how?

And what I want rescinded is the custody agreement. I just want teh court docs modified or amended.

You go to the court that approved the agreement and submit a petition to modify. As for court records you submit you comments to be added to the court record. Though that is usually done during the hearing.

cdad · Aug 11, 2012, 12:03 PM

Originally Posted by ScottGem

You go to the court that approved the agreement and submit a petition to modify. As for court records you submit you comments to be added to the court record. Though that is usually done during the hearing.

I don't believe there is an actual custody agreement as the child is under the care of the state. OP wrote that child is now in foster care. So the state is the one holding the current custody.

ScottGem · Aug 11, 2012, 01:16 PM

Originally Posted by califdadof3

I dont believe there is an actual custody agreement as the child is under the care of the state. OP wrote that child is now in foster care. So the state is the one holding the current custody.

Good point! Any agreement that may have existed was cancelled by being put in foster care. And given the other issues the OP has, I don't see them getting the child out of care.

Fr_Chuck · Aug 11, 2012, 01:28 PM

No it will take more than filing a motion in court if the child is in foster care. The social services will have required changes or things that need to be done to even be considered, there will be home visits, counseling and more required.

I have long ago not believed this was even close to true since there are too many strange posts, unless all of these strange things they do is the reason they lost the child.

SmilingInside · Aug 11, 2012, 01:30 PM

Originally Posted by califdadof3

I dont believe there is an actual custody agreement as the child is under the care of the state. OP wrote that child is now in foster care. So the state is the one holding the current custody.

NO, the custody arrangement was made up before the child went into foster care. This was around November of last year (prior we had an informal guardianship agreement, had no problems until child got into trouble/probation/PINS, etc). Child entered foster care in June this year.

The purpose of the custody arrangement was because my mom was taking care of him and it was needed.

The custody arrangement did not allow for her to put him in foster care, I had to sign the papers to do that.

All the custody arrangement was, was a basic document allowing her to legally do certain things (but it was limited in some ways, as I explained about placing in foster care-she didn't have that right).

It was voluntary, and there was no issue with it, it was what was needed to be done.

At this point though, it is causing me problems as she is trying to butt in far too much. As stated, I don't mind her being a resource for the child if he is to ever get out of foster care, HOWEVER, not with this simple custody arrangement. I want a complete termination of parental rights before I'd even consider it due to the drama she causes.

I want her OUT of the court proceedings, and I want to rescind the custody order.

Foster care is wanting to get him back home, I have court date after court date to deal with now. I DO NOT want to deal with her BS too along with it.

How do I do this?

And PS: I don't want the child back, he hasn't lived with me his whole life basically and I'm not willing to be a resource. I am working on terminating parental rights. I want nothing to do with this.

ScottGem · Aug 11, 2012, 02:20 PM

Again the custody agreement was rendered void when the child was placed in care.

SmilingInside · Aug 11, 2012, 02:35 PM

Originally Posted by ScottGem

Again the custody agreement was rendered void when the child was placed in care.

So why is she still involved and is getting served the same court papers I am getting served?

Fr_Chuck · Aug 11, 2012, 02:46 PM

Because if the children were to ever get out of foster care if she had the custody before they went in, she would be the one to get custody after they come out. If they come out
But until they come out,(if they do) there is really nothing you can do about custody orders

JudyKayTee · Aug 11, 2012, 03:00 PM

Originally Posted by J_9

I'm curious to know what your mother is lying about.

In one thread you are trying to kill "parasites" by using tobacco. What kind of parasite would you be trying to kill?

https://www.askmehelpdesk.com/medica...es-692688.html

In another you appear to be a person with a serious prescription drug problem ending in you having an abortion.

https://www.askmehelpdesk.com/medica...nt-672091.html

Along with this thread... https://www.askmehelpdesk.com/other-...ls-591399.html

Then you ask about using alcohol to lose weight... https://www.askmehelpdesk.com/nutrit...ht-579398.html

And the most damning is that you want to prevent social workers from talking to your child(ren) alone at school.

https://www.askmehelpdesk.com/family...ol-631191.html

For all intents and purposes it appears that your mother is not causing problems for you, but you are causing problems for yourself AND your mother.

Care to come clean?

No, OP is never going to come clean. She is going to come back, all righteous indignation and sarcasm along the lines of intending to open another account with another username to get accurate advice. There are certainly issues in OP's life. https://www.askmehelpdesk.com/family...ol-631191.html

No way is she getting custody. I can imagine what live and in person sounds like!

(Great research, J9 - I recognized the user name.)

SmilingInside · Aug 11, 2012, 08:25 PM

Originally Posted by JudyKayTee

No, OP is never going to come clean. She is going to come back, all righteous indignation and sarcasm along the lines of intending to open another account with another username to get accurate advice. There are certainly issues in OP's life. https://www.askmehelpdesk.com/family...ol-631191.html

No way is she getting custody. I can imagine what live and in person sounds like!

(Great research, J9 - I recognized the user name.)

Come clean?

OK, sure. Even though it's not relevant.

I was raped by my father's friend as a teen. My parents are religious and refused to let me have an abortion or give up the child. I didn't have the resources to have an abortion anyway. It was 1996, there was no internet (well nobody had it back then anyway), I lived in an extremely rural area, I had no transport, and no money. I had NO choice. My parents knew of the rape and did NOTHING, didn't let me do anything, and still remained friends with the guy. I was abused, OK? It's easy to say 'call the cops'... 'tell someone'... but when you are abused like I was, that's not an option.

I didn't want the child. To be honest, I hated him. I do hate him. Still. My parents put me through this and I really don't care, I want the kid and my parents out of my life. This was/is an awful experience and something I am sick and darn tired of reliving.

My other issues are benign and have nothing to do with this. The CPS thing was an open and shut case, it was a matter of basically mandated reporting, my child said something off the wall questionable that had no truth to it, and I was cleared of any wrongdoing almost immediately.

Anything else you'd like to know?

Edit: And that's what I was talking about when I mentioned my mom putting erroneous info in the court papers. She's trying to protect the rapist. I don't know if there's a statute of limitations on rape, nor do I really care at this point because I've moved on aside from it being thrown in my face again, but that's one reason why I am angered about her statements to the court.

JudyKayTee · Aug 11, 2012, 09:49 PM

Originally Posted by SmilingInside

I didn't want the child. To be honest, I hated him. I do hate him. Still. My parents put me through this and I really don't care, I want the kid and my parents out of my life. This was/is an awful experience and something I am sick and darn tired of reliving.

And this hated child is the same child you are trying to get back into your home?

SmilingInside · Aug 11, 2012, 09:55 PM

Originally Posted by JudyKayTee

And this hated child is the same child you are trying to get back into your home?

No, I said I didn't want him back, he hasn't lived with me his whole life basically. I DO NOT want him back. I want my mom to back off, that's the whole point. Where did I say I wanted him with me?

cdad · Aug 12, 2012, 05:10 AM

What you need to do is start making decisions that are healthy for all parties involved. For one thing it may be better if your child is adopted out. Then your child will not be exposed to such a caustic environment. When you go to court you need to expose the rapist and your feelings. By doing what you are now you also are covering up for him. What that says to the world is that is was OK. Was it? Surely not. There is no SOL for rape of a child. You need to not only set the record straight (find the courage) but also make sure this person is limited for the rest of their life from doing it again.

The only way your even going to begin to heal inside is by setting things in motion to make it right. Start by making positive decisions that will be best for everyone.