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UPDATE PAGE 3 --- Urgent: Help from Sigforum Lawyers/LE-Custody and parental "abduction" possibilities - SPECIAL REQUEST TO FT WORTH TX members Login/Join 
I Wanna Missile
Picture of tanksoldier
posted Hide Post
quote:
It's a civil matter, he can't call the cops on you and have you guys produce the child


It's true that in Colorado the cops would try to avoid getting involved.

However, keep this in mind before you go off half cocked:

CRS 18-3-304. Violation of custody order or order relating to parental responsibilities

(1) Except as otherwise provided in subsection (2.5) of this section, any person, including a natural or foster parent, who, knowing that he or she has no privilege to do so or heedless in that regard, takes or entices any child under the age of eighteen years from the custody or care of the child's parents, guardian, or other lawful custodian or person with parental responsibilities with respect to the child commits a class 5 felony.

(2) Except as otherwise provided in subsection (2.5) of this section, any parent or other person who violates an order of any district or juvenile court of this state, granting the custody of a child or parental responsibilities with respect to a child under the age of eighteen years to any person, agency, or institution, with the intent to deprive the lawful custodian or person with parental responsibilities of the custody or care of a child under the age of eighteen years, commits a class 5 felony.


Law enforcement tries to avoid getting involved because we aren't lawyers and never know if we're getting the full story about who is supposed to do what... so we don't really have probable cause to believe a crime was committed since we just don't know. The parties also have another recourse: The judge who handed down the order is familiar withe the parties, the case and the order but if we HAVE to, especially if we think the child is in danger, we'll arrest and charge this statute and let the DA sort it out afterwards.

I've charged a mother with this statute who's parental rights were terminated, with grandma appointed guardian, who them tried to pick the kid up at school.

I've threatened a father with it who always managed to pick his daughter up for his parenting time, but repeatedly found himself unable to bring her back to her mother... keeping her for weeks at a time.

I've written a felony warrant for a father who took the daughter with him when he moved out of state.

Its not going to happen for a few missed weekends but it does happen.

quote:
Originally posted by James in Denver:
FROM CRS 18-3-304 section 3:
(3) It shall be an affirmative defense either that the offender reasonably believed that his conduct was necessary to preserve the child from danger to his welfare, or that the child, being at the time more than fourteen years old, was taken away at his own instigation without enticement and without purpose to commit a criminal offense with or against the child.


You don't have any evidence that the child would be in any danger. If you did your SO would have been in court already.

Playing bunkhouse lawyer can turn you into a jailhouse lawyer fast.

Also, keep in mind this isn't YOUR kid. You don't have any standing as far as the court and LE is concerned.



"I am a Soldier. I fight where I'm told and I win where I fight."
GEN George S. Patton, Jr.
 
Posts: 21542 | Location: Eastern plains of Colorado | Registered: January 25, 2006Report This Post
Armed and Gregarious
Picture of DMF
posted Hide Post
quote:
Originally posted by James in Denver:
quote:
Originally posted by DMF:
Her attorney should know, and be able to educate you both, on Colorado Revised Statute (CRS) 18-3-304.

FROM CRS 18-3-304 section 3:
(3) It shall be an affirmative defense either that the offender reasonably believed that his conduct was necessary to preserve the child from danger to his welfare, or that the child, being at the time more than fourteen years old, was taken away at his own instigation without enticement and without purpose to commit a criminal offense with or against the child.
Yes, and I think you are reading that in the light of what YOU think is reasonable, instead of what an Assistant District Attorney, Judge, and most importantly a jury of your peers, will consider reasonable.

Having to assert an affirmative defense is a very precarious situation to be in, and often those attempting to present an affirmative defense find that juries often see things differently. Further, there is much more to the law than merely reading the statutes. Have you bothered to read any of the relevant caselaw regarding CRS 18-3-304, including asserting that affirmative defense? Do you know how the pattern jury instructions read for your jurisdiction, for that offense, and especially when asking for an affirmative defense instruction?

Again, don't do anything rash, and have your attorney educate you as to the realities of CRS 18-3-304, including your own criminal liability if you act rashly.

Also, your posts, including highlighting an affirmative defense in the CRS, suggest you are very inclined to act rashly, and that is unlikely to go well for you.

As jhe888 has wisely recommended, you need to "calm down," "don't panic," and you absolutely have time to consult with an attorney.


___________________________________________
"He was never hindered by any dogma, except the Constitution." - Ty Ross speaking of his grandfather General Barry Goldwater

"War is the remedy that our enemies have chosen, and I say let us give them all they want." - William Tecumseh Sherman
 
Posts: 12591 | Location: Nomad | Registered: January 10, 2003Report This Post
Administrator
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quote:
Originally posted by James in Denver:
quote:
Originally posted by DMF:
Her attorney should know, and be able to educate you both, on Colorado Revised Statute (CRS) 18-3-304.

FROM CRS 18-3-304 section 3:
(3) It shall be an affirmative defense either that the offender reasonably believed that his conduct was necessary to preserve the child from danger to his welfare, or that the child, being at the time more than fourteen years old, was taken away at his own instigation without enticement and without purpose to commit a criminal offense with or against the child.


An Affirmative Defense = "Yeah I did it, but. . . "

You are basically admitting to doing something bad, but then putting yourself in the position of proving you were right because: reasons that you will have to prove. . . (whereas, under normal circumstances the prosecution would have to prove you were in the wrong).

Listen to JHE: sounds like it hasn't come to the point where you need to, even morally speaking, put yourself in the position of deploy the option that will lead to you taking an affirmative defense.

I know you are looking at all the options right now, but given what you've shared, this should be one of last resort.

It's easy to think of your own stake in the fight, but there could be other reasons why dad wants to skip town without letting anyone else know. Your significant other might not be the only one he wants to keep in the dark, maybe not even the foremost one.
 
Posts: 17733 | Registered: August 12, 2000Report This Post
Rock Paper
Scissors
Lizard Spock
Picture of James in Denver
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Thanks LDD, you get it.

I'm NOT doing anything rash, I even agreed with JHE to ask the dad, and commented that before we do that, we want to contact the lawyer.

I'm also not the one at risk of the CRS that was mentioned, my SO is, and she's not risking anything until we speak to her attorney.

We've gotten A LOT of info from general websites on what to do, and who to notify if it happens.

I'm not sticking a gun in the dad's face and telling him to bugger off. But I'm also not going to sit by passively and let things happen IF there is any way to stop it in a legal or otherwise sane way.

I know this is a long thread, but in case the "worst case" happens, if anyone knows about skip-tracing or how to find someone who doesn't want to be found, PLEASE contact me.

Lastly, I had a 90 min telephone conversation with a SigForum member, which helped A LOT. Spoke about more details that I CAN'T post online, and he knows the context.

Thanks again for the advice LDD.

James

PS For those in the know, she got a CFI and PRE (pro-dad PRE at that) and still got majority custody (75%-ish) as of 10/2016... and Cordell & Cordell fired the dad... for "directional differences" (paraphrasing, something about can't work together)... if you're in the business, you know the name.


----------------------------
"Voldemorte himself created his worst enemy, just as tyrants everywhere do! Have you any idea how much tyrants fear the people they oppress? All of them realize that, one day, amongst their many victims, there is sure to be one who rises against them and strikes back!"
Book 6 - Ch 23
 
Posts: 4484 | Location: Colorado | Registered: August 24, 2009Report This Post
semi-reformed sailor
Picture of MikeinNC
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Sooooo, how did it go??



"Violence, naked force, has settled more issues in history than has any other factor.” Robert A. Heinlein

“You may beat me, but you will never win.” sigmonkey-2020

“A single round of buckshot to the torso almost always results in an immediate change of behavior.” Chris Baker
 
Posts: 11526 | Location: Temple, Texas! | Registered: October 07, 2006Report This Post
Little ray
of sunshine
Picture of jhe888
posted Hide Post
I am also curious.




The fish is mute, expressionless. The fish doesn't think because the fish knows everything.
 
Posts: 53362 | Location: Texas | Registered: February 10, 2004Report This Post
Rock Paper
Scissors
Lizard Spock
Picture of James in Denver
posted Hide Post
Before starting, I want to THANK SIGFORUM!!! A local member provided some PI contacts, and it worked out awesomely! I will not mention who this was, but I could not have done it without the PIs (who were more like experienced bounty hunters and ex-LEO, but one did technically have a PI license).

-------This is what happened (warning, long post) -------

The week prior, my SO was able to screen capture the dad's girlfirend’s LinkedIn profile which indicated that she was “excited about a new adventure in Ft. Worth Texas”. This is what alerted us to dad possibly taking the child out-of-state.

On Monday of last week, my SO emailed dad (via talkingparents dot com) to directly ask about a move, and indicated that he needed to get back to her with a response by Wednesday (48 hours). As of Thursday, we had not received a response. As a reminder, this is HIS legal weekend.

Thursday night, I drove by dad’s house, he had a double-axle u-haul trailer already hooked up to a newly purchased Dodge Durango SUV (no license plates, probably late 90s), and the girlfriends compact car was still there. I spoke with my SO early Friday morning and we escalated this to our lawyer.

Withholding time from a parent who has time per the parenting plan is a Class 5 FELONY in Colorado (as per the above posts), and while our lawyer initially said “Don’t keep the child”, the lawyer changed his mind saying that we now had good reason to believe her welfare was in jeopardy.

So the lawyer indicated to us around 11am on Friday to remove the child from school and do NOT allow the dad to take her. Further, he said not to indicate anything to dad. My SO removed the child shortly thereafter.

Friday, around 10am, I drove by dad’s house again, the u-haul trailer was still at the house, and it appeared he was actively loading it.

Friday, around noon, I met the 2 private detective guys and they drove around the house with me in the car and obtained video (and pictures) of the house with the u-haul, suv and other cars.

Since we had received permission from the lawyer to withhold the child, I let the PI’s go home (they were acting more like friends anyway, set up by a common SigForum friend).

Around 2pm on Friday, dad finally responded in a very long email to my SO with the following:
a) Dad is moving to Broomfield
b) Communicated his new address (which is his mom’s 500 sq ft 1 bedroom apt)
c) Communicated that pick-up point would have to be re-done (court dictates exchanges that cannot happen at the school MUST happen at a police station in between the 2 locations)
d) ASKED US (!) to take the child for this weekend (!!!)

Given that dad asked us, it cleared my SO of any concerns about breaking the law for the Class 5 Felony. Smile

After learning that, I drove home but detoured to SouthGlen mall where the girlfriend worked. After observing a few people go into the store where she worked, asked the exiting customers if they saw the girlfriend. When they said no, I approached the store and asked the manager “Hey, there was this young lady that helped me last time, her name was XXXXXXXXX”, and the manager’s response was “You just missed her, she moved out-of-state”.

Based on the perceived lie about moving to Broomfield, I drove to dad’s house on Saturday around 10am and parked 3 1/2 blocks away to observe the move-in-progress via binoculars. I stayed at that location from 10am to approximately 3:30pm.

Interestingly, while observing, I noticed the 3rd vehicle which was presumably involved in the move have a mechanical issue… it caught fire. After the fire, it then appeared that the 3rd vehicle (a 70s or 80s Chevy Nova) was unloaded and the items placed in the u-haul trailer, which forced dad to place a full/queen mattress on the ROOF of the u-haul trailer tied down with 1 tie-down strap.

Around 3:30pm, the SUV with the trailer and the subcompact left the house. I lost track of the SUV/Trailer, and when I picked it up again, it was in front of me, but the subcompact ended up behind me. I was able to maintain direction and the subcompact did not follow, but of course, I’m now worried that they saw me.

I pull over, see the subcompact again turning where I turned (but into a fast food location), move again, see the SUV turn into the same fast food location. I immediately change locations and lose track of them.

I park at the corner of the southbound exit to Santa Fe (as we were pretty sure we knew he was not going to Broomfield).

Interestingly, I was in a closed car repair shop parking lot and was approached by an employee. It’s fascinating how people react when they think you’re a private eye, as I was “dressed the part”.

After about an hour or so, at approximately 4:30pm, I observed his SUV with the trailer FOLLOWED by the subcompact exit Belleview on Southbound Santa Fe.

I immediately chased after them and found them at Santa Fe and Mineral going 45 mph due to the mattress flying up in the air since it was held on by one strap. I followed (difficult at 45 mph) until they exited Santa Fe going EAST on C-470 via the overpass. I took the underpass and turned left at C-470.

I caught up with them again at C-470 and SOUTHBOUND I-25, again going 45 to 55 mph. I followed them, but had to peel off due to their slow speed.

After about 90 minutes of slow traffic and diversions trying to “find” them on I-25 south, I was beginning to think I lost them. I was concerned about a move to Colorado Springs, but I was able to reacquire them at exit 132 south of Colorado Springs, still going 45pmh to 55mph due to the mattress. At this point, I turned around and came home since we confirmed that Colorado Springs was not an option.

As it stands, he officially has stated he’s moving to Broomfield (a north suburb), but we know he went as far as exit 132 on I-25 south (from a south suburb, Federal and Belleview).

We need to consider our options, so we’re not done. But we have the child safe now.

-----------

Now, we WILL have to legally change the parenting plan, but we have some time. I'd really love to have a 2nd opinion about some options for confronting the dad over the move and actions we can take.

I'm looking for a LEGAL ATTORNEY who could work with me for 2 hours or so (ad hoc, no retainer but will pay hourly rate, just a sounding board) so we can have some legal opinions before going to our lawyer.

Our lawyer is a bit conservation on strategy. I suspect that he will want us to "offer up" some sort of compromise to the dad. However, I want to ensure the court sees the lies and concealment, and the dad's general attitude about the whole thing so the judge can see what we are dealing with.

Our concern is that if we offer time over the summer, we have no commitment that he will work with us to give the child back to us in CO, and we have EVERY INDICATION that he has no problem lying/concealing any and all items that he does not want us to know.

I also want to know the legal ramifications of ME FOLLOWING HIM and getting video via a dash cam versus the video/pictures obtained by the PIs. Our lawyer seems to think that video/audio obtained by us is not usable or at least not as good as a 3rd party.

Any help is appreciated...

James in Denver


----------------------------
"Voldemorte himself created his worst enemy, just as tyrants everywhere do! Have you any idea how much tyrants fear the people they oppress? All of them realize that, one day, amongst their many victims, there is sure to be one who rises against them and strikes back!"
Book 6 - Ch 23
 
Posts: 4484 | Location: Colorado | Registered: August 24, 2009Report This Post
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Honestly, you sound crazy.

The fact that the father told you he was moving, asked you to keep the child during this weekend and even gave you an address indicates to me that he is not hiding anything.

Meanwhile you are following them around like a stalker for 2 days WHILE you have custody of the child in question????

DID IT EVER occur to you that maybe he and his girlfriend broke up????? The Girlfriend is moving to wherever she is moving and the father is moving into the apartment at the address he specified and he's simply helping his former girlfriend move??????
 
Posts: 21421 | Registered: June 12, 2005Report This Post
Rock Paper
Scissors
Lizard Spock
Picture of James in Denver
posted Hide Post
quote:
Originally posted by jimmy123x:
Honestly, you sound crazy.
...
DID IT EVER occur to you that maybe he and his girlfriend broke up????? The Girlfriend is moving to wherever she is moving and the father is moving into the apartment at the address he specified and he's simply helping his former girlfriend move??????

Based on the observations of 6 hours on Saturday, they did NOT break up. As a side note, the new girlfriend has a child by him so given his action with my SO, I doubt he'd "just help his girlfriend move to TX with his child".

There is only so much info I can type online, and you don't know the whole story.

To address one thing... you said "following them like a stalker for 2 days while we have the child..."

The divorce decree/parenting plan AND Colorado state law indicates that both parents must notify each other of new addresses. The address in Broomfield is his mom's, a small apartment which does not allow more than 2 occupants AND his excuse was to "drop off stuff at storage in broomfield", but of course, observations by me showed he did not go north, nor did he stop at a storage location.

Again, you are entitled to your opinion, but you cannot possibly know the entire situation.

James in Denver

EDIT TO ADD:
quote:
Originally posted by jimmy123x:
The fact that the father told you he was moving, asked you to keep the child during this weekend and even gave you an address indicates to me that he is not hiding anything.

I did not preface the entire situation. The CHILD told us he was moving based on him selling stuff and boxing stuff 2 weeks ago.

Dad told child "Just selling stuff to buy new stuff" but child asked grandmom why dad was packing and grandmom said "He's moving but doesn't know where".

According to the child (8 years old)... "Daddy yelled at me when he thought I told you about his moving mommy".

Additionally, girlfriend had post on LinkedIn about location, then removed it once she saw my SO accessed her profile. Dad even commented "My girlfriend saw you accessed her LinkedIn profile".

The evidence, in it's entirety, clearly shows he is moving with his girlfriend, child and girlfriends brother to TX.

James


----------------------------
"Voldemorte himself created his worst enemy, just as tyrants everywhere do! Have you any idea how much tyrants fear the people they oppress? All of them realize that, one day, amongst their many victims, there is sure to be one who rises against them and strikes back!"
Book 6 - Ch 23
 
Posts: 4484 | Location: Colorado | Registered: August 24, 2009Report This Post
Little ray
of sunshine
Picture of jhe888
posted Hide Post
Either stick with the lawyer you have, or if you don't have confidence in him, get a new one.

Don't pay a lawyer to second guess the lawyer you already have. If you don't want to use the first guy, just get another one. You can't have a good working relationship with a lawyer you don't have confidence in, and he won't want to work with you either. And he'll know, because you will take enough away from the second lawyer to make it obvious you have done so.

You almost certainly aren't going to cut off his possession and access over a move and even over his failure to give proper notice. Maybe you don't think you can, but I can't tell where you think this should go. You probably are going to have to hash out some new provisions about possession and access, pick up times and places - all of that stuff.

You can do it in court or by agreement. Your choice. You can guess which costs more. You need a lawyer to guide you through what your court will do, so you know what agreement is the right one to make, but make no mistake - an agreement is better in every way if one can be made.

I get the sense you want to burn this guy down or something, but the court won't be anywhere near as interested in that as you sometimes seem to be. He is the father. The court will protect that relationship unless he goes totally off the reservation.

And I agree - you do sound a little stalkery. Cool that a little. The court may not like it. Plus, many courts are a little leery of a step-parent getting as involved as you seem to be. I know you believe it to be justified, but let me tell you as a neutral observer, that courts want an involved step-parent, but they do not want who seems to be in charge. The courts have seen a lot of new spouses who seem to be trying to get rid of the ex totally, or who they are afraid are trying to cut the kid off from the ex. Don't been perceived as that kind of step-parent.

I still don't, and never saw a kidnapping as very likely here. I don't know why the secrecy was there, and sometimes there just isn't a good reason. He may just not want his ex "all up in his business." He handled it poorly, but I don't yet see a crisis here.

I know you don't want to hear some of what I have to say. This isn't war - it is family litigation. Nobody ever "wins."




The fish is mute, expressionless. The fish doesn't think because the fish knows everything.
 
Posts: 53362 | Location: Texas | Registered: February 10, 2004Report This Post
Admin/Odd Duck

Picture of lbj
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This sounds more like he is skipping out of state, ie child rearing payments, than say an abduction.


____________________________________________________
New and improved super concentrated me:
Proud rebel, heretic, and Oneness Apostolic Pentecostal.


There is iron in my words of death for all to see.
So there is iron in my words of life.

 
Posts: 31446 | Registered: February 20, 2000Report This Post
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As of right now the child's father has done nothing illegal that I can see. The only thing that is clear is that they had to move out of their current house. By the Landlord asking when are they going to move out, that tells me they were evicted, most likely for lack of payment. Nothing anyone would be proud about or bragging about. They're probably selling things to raise capital to rent another place. Chances are they have not secured another place to live and are putting their belongings wherever they can. So how can someone tell you where they are moving to, when they don't even know themselves?

However, you following the father and his girlfriend around for 2 entire days while in possession of said child could be construed as illegal. Suppose the fathers girlfriend goes to the police station and says you're creepy and have been stalking her for 2 days straight,heck you even went to HER place of business and asked where she was, and she has a witness (the father) and you've admitted to following them for 2 entire days on a public forum. Quite honestly, if it was me you were following, I would call the local police station, speak to an officer on the phone,describe the situation and your vehicle, and drive straight to the police station with you in tow, where they can apprehend you, and file a report.

Then, you've already hired an attorney on a maybe at best at this point??? The lawyer is not acting CONSERVATIVELY, he is acting within the law!!!!!!

What is the mothers position in all of this, because you have not mentioned anything about her being concerned or asking you to follow them around. Quite honestly, in a court of law you have ZERO grounds on anything that happens to that child, you are not the childs father and not the childs mother. If anything, the mother would have to hire the lawyer, deal with the attorney, and pursue the case.

But at this time, the only thing you can do is wait and see what happens. The fact that the father had you take the kid this weekend, informed you they're moving, and is communicating tells me that he's not out to do the wrong thing. But, until he has, legally there isn't anything the mother can do. And, considering the court awarded the mother custody during the school year, where does it matter where the father lives???
 
Posts: 21421 | Registered: June 12, 2005Report This Post
Rock Paper
Scissors
Lizard Spock
Picture of James in Denver
posted Hide Post
quote:
Originally posted by jhe888:
I get the sense you want to burn this guy down or something, but the court won't be anywhere near as interested in that as you sometimes seem to be. He is the father. The court will protect that relationship unless he goes totally off the reservation.

Your senses are PARTIALLY right. His behavior has been atrocious. However, I have ALWAYS said, even to my SO, that he is her dad.

The way I have said it is as follows: While I'm her step-dad, she has one dad. When she gets married, she's going to want HIM to walk her down the isle. She may love me, but I'm not her dad.

I have ALWAYS maintained that, which is why she calls me by a NICKNAME, and NEVER dad or step-dad. Since day 1.

quote:
And I agree - you do sound a little stalkery. Cool that a little. The court may not like it. Plus, many courts are a little leery of a step-parent getting as involved as you seem to be. I know you believe it to be justified, but let me tell you as a neutral observer, that courts want an involved step-parent, but they do not want who seems to be in charge. The courts have seen a lot of new spouses who seem to be trying to get rid of the ex totally, or who they are afraid are trying to cut the kid off from the ex. Don't been perceived as that kind of step-parent.

Agreed on both points (cool it and her fight). This is HER case. She's not on SigForum, I am, so I posted. She's the one making the decisions. Yes, I'm adding my recommendations, but honestly, she is/was more scared than I based on her knowledge of her ex.

I've actually told the dad, when he wasn't such an ass, that I'd pay for THEM to go to lunch and hash it out. My treat, it's what's best for the kid.

This is, in the end, her fight.

EDIT TO ADD: I forgot to restate that there is a NO-CONTACT order in place for dad and mom (my SO). So some of what was done by me was because SHE cannot. I, of course, went further than she would have, had she had the courage, but never-the-less, if she could have been as active as I, she would have.

quote:
I don't know why the secrecy was there, and sometimes there just isn't a good reason. He may just not want his ex "all up in his business." He handled it poorly, but I don't yet see a crisis here.

Agreed, but you don't have the history. Again, not defending.

Since you are a lawyer, you should know what a PRE report is. That will give you a better idea of the situation. It's all based on his previous behavior which cannot be detailed.

quote:
I know you don't want to hear some of what I have to say. This isn't war - it is family litigation. Nobody ever "wins."

Agreed. We are not looking for "wins", we are looking for the best way to raise the child.

If he communicated fairly, discussed this rationally, and cooperated in the child's upbringing, this would be a moot issue. He hasn't on all fronts.

quote:
Originally posted by lbj:
This sounds more like he is skipping out of state, ie child rearing payments, than say an abduction.

He is $9,000 + overdue in child support. This is certainly a possibility. A higher probability even.

That said, his past behavior has made my SO (and me) concerned.

If he was effectively co-parenting, or heck even effectively communicating, he'd at least have that going for him. But given his statements in the past, his erratic behavior and his deceptions, my SO was fraught with fear.

Thanks to you both for reasonable responses.

James in Denver


----------------------------
"Voldemorte himself created his worst enemy, just as tyrants everywhere do! Have you any idea how much tyrants fear the people they oppress? All of them realize that, one day, amongst their many victims, there is sure to be one who rises against them and strikes back!"
Book 6 - Ch 23
 
Posts: 4484 | Location: Colorado | Registered: August 24, 2009Report This Post
Rock Paper
Scissors
Lizard Spock
Picture of James in Denver
posted Hide Post
Jimmy123x,

As an FYI, I get what you're saying, but I don't remember you indicating you were an active lawyer. I think you are LEO at best.

I understand your concerns, and maybe you've been on the other side, but trust me in that there is more to the situation that what is posted here.

Sincerely,
James in Denver


----------------------------
"Voldemorte himself created his worst enemy, just as tyrants everywhere do! Have you any idea how much tyrants fear the people they oppress? All of them realize that, one day, amongst their many victims, there is sure to be one who rises against them and strikes back!"
Book 6 - Ch 23
 
Posts: 4484 | Location: Colorado | Registered: August 24, 2009Report This Post
Drill Here, Drill Now
Picture of tatortodd
posted Hide Post
quote:
Originally posted by James in Denver:
Jimmy123x,

As an FYI, I get what you're saying, but I don't remember you indicating you were an active lawyer. I think you are LEO at best.

I understand your concerns, and maybe you've been on the other side, but trust me in that there is more to the situation that what is posted here.

Sincerely,
James in Denver
Jimmy is NOT an attorney. He has shared many times that he runs a yacht maintenance business and has a few rental properties.



Ego is the anesthesia that deadens the pain of stupidity

DISCLAIMER: These are the author's own personal views and do not represent the views of the author's employer.
 
Posts: 23855 | Location: Northern Suburbs of Houston | Registered: November 14, 2005Report This Post
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This guy and your SO have a restraining order against each other, and the only way they can legally communicate is via court appointed email.

It takes two sides to get shit to that point, and your actions prove at least the one side...

And you wonder why he doesn't say what he is doing?

I never met a single one of the players in this story, but I can tell you with much certainty he isn't talking to your SO because he has no money.

He knows your SO will take him to court and delay any opportunity he has to make money in TX. He knows this will cost him money, along with the opportunity cost he has lost to make some money.

I gotta tell you, based on three pages of an internet thread, I would do the exact same thing he did if I had put myself in his position. Logically what other choice did he have?

He may be entirely at fault for the situation he is in, but he is in it. What would you do in his exact place?


--------------------------

I own a bunch of Sigs with Beavertails...
 
Posts: 941 | Location: NE Ohio | Registered: November 09, 2012Report This Post
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quote:
Originally posted by tatortodd:
quote:
Originally posted by James in Denver:
Jimmy123x,

As an FYI, I get what you're saying, but I don't remember you indicating you were an active lawyer. I think you are LEO at best.

I understand your concerns, and maybe you've been on the other side, but trust me in that there is more to the situation that what is posted here.

Sincerely,
James in Denver
Jimmy is NOT an attorney. He has shared many times that he runs a yacht maintenance business and has a few rental properties.


This is correct. I am neither an Attorney nor LEO. However, my sister is currently going through a divorce (early stages) that I am very involved with. Very complicated circumstances but different ones....he is being nice and honorable in regards to communication and financially but has developed a serious drinking problem over the past 2 years to where she cannot trust him with the kids by himself (they're young 2/6). Of course that is creating a lot of tension between the two of them.

The best course of action is to keep things on your end as legal and civil as humanly possible and work fully within the law. Don't give the dad any ammunition. At this point nothing indicates the dad has done anything illegal in regards to the courts child agreement at this point in time. You cannot sue someone for what they have not done yet or what they may or may not do.

I certainly would NOT have gone to the father's girlfriends work and asked customers and then her manager if she worked there. She is no concern of the father/mother/daughter as far as legal goes. I also would NOT have followed them for 2 entire days while the daughter was in the mother's custody. This is borderline illegal and can be seen as illegal in some states.....just think of how the father could twist that given the history....

Given the update, the dad is a financial deadbeat. Quite honestly, you can't get money out of someone that doesn't have any. Based upon what I've read, and being a landlord, I'm pretty sure he got evicted for lack of payment. When your lease ends, your expected to be out by whatever date it is, you don't have to ask.

To me, chances of him planning on kidnapping the daughter are almost nil. He can't even take care of himself. The fact that he left the daughter with her mom and the OP while he was moving show that he does care for her well being. He probably didn't want to tell his daughter he's moving because the landlord evicted them.
 
Posts: 21421 | Registered: June 12, 2005Report This Post
Rock Paper
Scissors
Lizard Spock
Picture of James in Denver
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Regarding dad and financials...

Early in the process, my SO offered BOTH to reduce the current child support AND back support owed. He accepted neither.

I will post the quote from the PRE report indicating he has a personality disorder is currently on medication (will post exactly what so the medical professionals on SigForum can comment).

This conversation happened tonight after dinner:

CHILD: Mom, what does dick mean?

MOM: Where did you hear that word?

CHILD: I asked dad if I could be excused, he said yes. I took my dish into the kitchen and came back and dad pointed to me and said "You are a dick".

MOM: .... explains that word is bad ...

CHILD: Dad was laughing at me, but he hurt my feelings...

Reminder, this was tonight after dinner. We instruct the child to ask to get up, and take her plate to the sink. The child is 8 years old and a girl...

James in Denver


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"Voldemorte himself created his worst enemy, just as tyrants everywhere do! Have you any idea how much tyrants fear the people they oppress? All of them realize that, one day, amongst their many victims, there is sure to be one who rises against them and strikes back!"
Book 6 - Ch 23
 
Posts: 4484 | Location: Colorado | Registered: August 24, 2009Report This Post
Rock Paper
Scissors
Lizard Spock
Picture of James in Denver
posted Hide Post
From the PRE report, page 9:
During "DAD"'s early counseling at the age 13, he was diagnosed with tourette's syndrome, motor ticks and ADHD.
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From the PRE report, page 9:
"DAD" takes Wellbutrin and Effexor for depression or anxiety. He is not currently in counseling.
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From the PRE report, page 42:
"DAD"'s MCMI possible diagnosis were avoidant personality type, unspecified personality disorder melancholic, unspecified personality disorder masochistic and schizoid personality style.
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From the PRE report, page 42:
"Mom" had no indication of any major depression on Beck Depression inventory. On her MCMI, possible diagnosis were avoidant personality type and compulsive personality type.

James


----------------------------
"Voldemorte himself created his worst enemy, just as tyrants everywhere do! Have you any idea how much tyrants fear the people they oppress? All of them realize that, one day, amongst their many victims, there is sure to be one who rises against them and strikes back!"
Book 6 - Ch 23
 
Posts: 4484 | Location: Colorado | Registered: August 24, 2009Report This Post
Little ray
of sunshine
Picture of jhe888
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Those are personality characteristics, with the possible exception of the suspected depression.

Don't make more of that report than is justified. It isn't nothing by any means, but it is a long way from everything.




The fish is mute, expressionless. The fish doesn't think because the fish knows everything.
 
Posts: 53362 | Location: Texas | Registered: February 10, 2004Report This Post
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