AngelFruit
New Member
FLORIDA -
I am going to try to be as thorough as I can. I am a mother of 2 wonderful boys, ages 6-8. When they were 4 and 2 years old, their father and I split. We have remained friends throughout the years with minimal problems. we never had a custody order or child support. We technically did not divorce until 2008, and had a verbal agreement which has always been met up to. If he did not have money, I did not press the issue. He had visitation at his own discretion. I kept the kids with me from 2005 until 2007. I was supporting them almost solely with the help of my signifigant other at the time.
In a bit of bad luck, I lost my job and my relationship within a few weeks of each other in September of 2007. I had a job offer in Massachusetts, but did not want to transplant the kids to a whole new state. I had not even lived there before. I decided to move without the kids, and move them up at a later date. I had asked there father to take them, but he did not have the means to do so at the time. So I took an offer from my mother.
She asked me to sign a Temporary custody form, in her words were for "for medical and foodstamp" benefits. I did so, and left for Massachusetts at the end of September.
Over the course of the next few months, I arranged my new life and household. I had a great job with healthcare and dental, and after the first of the year, (FEBRUARY 2008) wanted to move my children up. When I attempted to contact my mother about getting my children, there was resistance, and I was told I would have to get a lawyer. So I began to seek one out. After a few months, and just getting more and more of the run around with the multistate case, I gave up and decided to move back to Florida in May of 2008. I had made my mother aware of this in April.
I moved back in with my mother and children. Not thinking about who had the kids, I went on with my life, being with my kids. My ex husband lost his job in Feb 2009, and moved in with us as well to get back on his feet. Now simply imagine trying to live in a house with all these people. Then in June 2009, I started getting involved with a longtime friend who I want to have a relationship with. Do you know how hard it is to be in that kind of environment, not the kids, but the ex and the mom. Hmmmm, something had to change.
I moved out Friday November 20, 2009. The previous week my mom and I had talked about me watching the kids during the upcoming week due to school being out for Thanksgiving. I had agreed. Upon my moving out, she had been angry. She doesn't like the man I am in my current relationship in, for no particular reason. I could give you examples, lazy, long hair, etc....He has no criminal background or anything to that nature, and he loves and is wonderful to my children.
I didn't hear from her on Saturday or Sunday about the kids. I called Sunday evening for 2 straight hours, trying to see what time the kids would be here. I drove over to her house to ask her in person. She had arranged other people, my cousin, to watch them and had already paid him and told me that I would not have them. A fight in sued where she hit me and I hit back.
This is the part where I must inject - I know I messed up. I should have just left and filed something....but I was angry.
I ended up being chased out of the house. She called the cops. The kids were not in the room, my ex husband expressed that in the affidavit. However she does state in the affidavit that I hit first and I am the only one who hit at all.
The next day I made my affidavit about the event. 2 hours later I was served with a Temporary Injunction baring me from seeing my mom and my children. She states in this paperwork that I am a alcoholic, that the kids were in the room while the fight happened, and also that I have hit others before. I have no DUI's and or any kind arrest, also no reports of any violence on my records towards others or my children. DCF has never been called on me for any reason. I have few stupid tickets I am sure for speeding in my past, nothing else.
Through the course of all this, looking at the paperwork, I made a odd discovery.
I had signed the TEMPORARY CUSTODY ORDER in Septemer 2008, it was not filed until April 2009, in which my mom knew my motives to return to Florida.
I tried to go to the courthouse here to get a copy of the original document, it was missing at the time, I am trying back on Monday.
My mother does have documented abuse towards me. I pulled up the papers at DCF. 2 separate incidents. I am not saying my mom is abusive, but she does attack first and at me specifically. These are not the only times things like this have happened, just hasn't been in my adult life, however, I moved out at 18, and this is my first time living back at home since that time.
My ex husband and I are still on good terms. He does not agree with any of this. My mother has told my kids they have no mother anymore. She has also broken her own injunction, which I did have documented by the police. (She drove through my apartment complex, which she knows no one here). He wants it to just be him and I who have custody again. He is ready to be there for them, at this point though, he still lives with my mother and will be moving out FEB 2010. I have my own place now, 3 bedroom where just my and my significant other live, with a room already prepared for my boys.
I am really at wits end, I can not get a straight answer from anyone here. It's a small town and everyone knows my mother as a friend. I just want my kids. I would have been fine with just visitation, but now with all the information, she seems to want them. The filing of the Temporary custody order in April showed me her true intentions.
What is my best course of action? Any sort of notarization laws that say there is a time limitation on when it was signed and when it was filed. The information in that document was no longer true at that time, as it was in September, I do not understand how it could have been filed.
I hope this makes sense due to the fact there are multiple parties involved. I hope someone could give me some insight. My court date for the TEMPORARY INJUNCTION is 12/4/2009
I am going to try to be as thorough as I can. I am a mother of 2 wonderful boys, ages 6-8. When they were 4 and 2 years old, their father and I split. We have remained friends throughout the years with minimal problems. we never had a custody order or child support. We technically did not divorce until 2008, and had a verbal agreement which has always been met up to. If he did not have money, I did not press the issue. He had visitation at his own discretion. I kept the kids with me from 2005 until 2007. I was supporting them almost solely with the help of my signifigant other at the time.
In a bit of bad luck, I lost my job and my relationship within a few weeks of each other in September of 2007. I had a job offer in Massachusetts, but did not want to transplant the kids to a whole new state. I had not even lived there before. I decided to move without the kids, and move them up at a later date. I had asked there father to take them, but he did not have the means to do so at the time. So I took an offer from my mother.
She asked me to sign a Temporary custody form, in her words were for "for medical and foodstamp" benefits. I did so, and left for Massachusetts at the end of September.
Over the course of the next few months, I arranged my new life and household. I had a great job with healthcare and dental, and after the first of the year, (FEBRUARY 2008) wanted to move my children up. When I attempted to contact my mother about getting my children, there was resistance, and I was told I would have to get a lawyer. So I began to seek one out. After a few months, and just getting more and more of the run around with the multistate case, I gave up and decided to move back to Florida in May of 2008. I had made my mother aware of this in April.
I moved back in with my mother and children. Not thinking about who had the kids, I went on with my life, being with my kids. My ex husband lost his job in Feb 2009, and moved in with us as well to get back on his feet. Now simply imagine trying to live in a house with all these people. Then in June 2009, I started getting involved with a longtime friend who I want to have a relationship with. Do you know how hard it is to be in that kind of environment, not the kids, but the ex and the mom. Hmmmm, something had to change.
I moved out Friday November 20, 2009. The previous week my mom and I had talked about me watching the kids during the upcoming week due to school being out for Thanksgiving. I had agreed. Upon my moving out, she had been angry. She doesn't like the man I am in my current relationship in, for no particular reason. I could give you examples, lazy, long hair, etc....He has no criminal background or anything to that nature, and he loves and is wonderful to my children.
I didn't hear from her on Saturday or Sunday about the kids. I called Sunday evening for 2 straight hours, trying to see what time the kids would be here. I drove over to her house to ask her in person. She had arranged other people, my cousin, to watch them and had already paid him and told me that I would not have them. A fight in sued where she hit me and I hit back.
This is the part where I must inject - I know I messed up. I should have just left and filed something....but I was angry.
I ended up being chased out of the house. She called the cops. The kids were not in the room, my ex husband expressed that in the affidavit. However she does state in the affidavit that I hit first and I am the only one who hit at all.
The next day I made my affidavit about the event. 2 hours later I was served with a Temporary Injunction baring me from seeing my mom and my children. She states in this paperwork that I am a alcoholic, that the kids were in the room while the fight happened, and also that I have hit others before. I have no DUI's and or any kind arrest, also no reports of any violence on my records towards others or my children. DCF has never been called on me for any reason. I have few stupid tickets I am sure for speeding in my past, nothing else.
Through the course of all this, looking at the paperwork, I made a odd discovery.
I had signed the TEMPORARY CUSTODY ORDER in Septemer 2008, it was not filed until April 2009, in which my mom knew my motives to return to Florida.
I tried to go to the courthouse here to get a copy of the original document, it was missing at the time, I am trying back on Monday.
My mother does have documented abuse towards me. I pulled up the papers at DCF. 2 separate incidents. I am not saying my mom is abusive, but she does attack first and at me specifically. These are not the only times things like this have happened, just hasn't been in my adult life, however, I moved out at 18, and this is my first time living back at home since that time.
My ex husband and I are still on good terms. He does not agree with any of this. My mother has told my kids they have no mother anymore. She has also broken her own injunction, which I did have documented by the police. (She drove through my apartment complex, which she knows no one here). He wants it to just be him and I who have custody again. He is ready to be there for them, at this point though, he still lives with my mother and will be moving out FEB 2010. I have my own place now, 3 bedroom where just my and my significant other live, with a room already prepared for my boys.
I am really at wits end, I can not get a straight answer from anyone here. It's a small town and everyone knows my mother as a friend. I just want my kids. I would have been fine with just visitation, but now with all the information, she seems to want them. The filing of the Temporary custody order in April showed me her true intentions.
What is my best course of action? Any sort of notarization laws that say there is a time limitation on when it was signed and when it was filed. The information in that document was no longer true at that time, as it was in September, I do not understand how it could have been filed.
I hope this makes sense due to the fact there are multiple parties involved. I hope someone could give me some insight. My court date for the TEMPORARY INJUNCTION is 12/4/2009