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Post by extremelyconcerned on Jun 20, 2012 17:42:14 GMT -5
I do appreciate the information. Our att. is still not convinced that we can do anything. I am going to speak with her tomorrow to have get this motion drew up and filed. If not we may have to find another att. that is up to speed. We signed a release for the child support, but they told us they wouldnt be able to get an address from them. I am not sure they know what to do. I told them if they file this as criminal charges we can get the fbi involved, but they seem to think she hasnt left state even though we have told them this time and time again. Very fustrated with them at this point. I also pointed out to them today that once he is resided in florida 6 months that will become his resident state. Thank you for you info. it is quite helpful. keep us in your thoughts
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Post by americanbrett on Jun 20, 2012 19:47:06 GMT -5
thanks guys I appreciate all the info. I have to say I am kinda fustrated with my att. today she had me come and sign a release for child support, but they told me that they wouldnt be able to get an address from them. They are still under the impression that she is still here in columbus, but we know different. My son told me when they were leaving and where they were going and so far he has been right. They are still using a processor to locate here. they couldnt even get her served when they knew where she was. I am losing confidence in my att. even though she came highly recommended.she has said she has never handled a case like this and they are still researching what to do. I am going to share this with her and go on and find out just how to file this or if i need her to do it. i will keep you posted wish us luck
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Post by Harrison on Jun 21, 2012 9:36:47 GMT -5
You may have to serve her through notification, that's running a spot in the local paper of her last known address. Once the case is open the court can subpoena her address from the CS agency, it's a crap shoot on how willing they will be to release the info., you may have to enlighten them that withholding evidence is obstruction of justice and punishable by up to 20yrs. in prison.
You don't NEED an att., but to try and learn this legal BS in a hurry is a rough road. A good way to start is have the att. do the paper work (check out what she has done) and you do the leg work, taking papers to the clerks office for filing etc.
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Post by Harrison on Jun 21, 2012 10:20:02 GMT -5
Hi Brett, Try not to get in a hurry this going to take some time. I'm not an att. just a guy who had to learn this BS on the fly. Your att. has me worried but here's a thought that may be right up her ally.
While you're going through all the trouble you may want to file for a change of custody at the same time due to the ex's unwillingness to co-parent and that she is an obvious flight risk which is detrimental to the best interest of the child due to the instability of life on the run. This will also help protect you're son from Child Protective Services (CPS) if the ex is taken into custody. You don't want even know the night mare that could be for all concerned.
On thing I want to make VERY CLEAR is that the ONLY defense for what the ex has done is that she did this to protect the child from emanate danger. What that means is she WILL use child abuse charges against you to save her ass and get what she wants. The up side is your boy is old enough to say different, you're lucky in that respect cause that's usually not the case.
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Post by unefufuj on Oct 23, 2019 3:36:47 GMT -5
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