Tuesday, June 12, 2007

4 States, 2 Attorneys, & 1 Messy Situation

I met with my attorney last Friday to follow up on how things were going with my case. As we were going over the details (including the fact that the process server we hired in CA hasn't even started trying to serve my ex) I handed over the Louisiana consent agreement my ex & I signed in 2003. My attorney then realized that the petition we'd submitted would have to be amended and resubmitted because instead of IA assuming jurisdiction from FL, it needed to assume jurisdiction from LA.

So today I had to meet with my attorney to sign the new papers and evaluate a new strategy. The good things about the papers not yet having been served are:
  1. When the papers are now served, they'll be with the correct petition.
  2. The LA consent agreement clearly states my ex must return Shorty to me 2 Saturday's before school starts (which happens to be the date he's already scheduled to return).

My attorney then told me that we'll have to get a new hearing date a lot closer to the time Shorty's supposed to return and that the new judge is very picky about cases (not in my favor). He also said that in the event I lose the jurisdiction issue, I need to be prepared to fly to CA to get assistance from the local sherrif to get my kid back based on the LA consent agreement. Finally, if that fails, I'll need to have an attorney in CA ready to file a writ of habeas corpus and request an emergency hearing for my ex to show in court with Kidlet if my ex doesn't return Shorty to me.

My attorney then looked me in the eye and stated the obvious, "You created a big mess when you put your kid on the plane." My reply?! "Next time I'll consult you when I'm about to have a nervous breakdown," but that was on the inside. I actually said, "Hindsight is 20/20 vision." He then said, "This could get very expensive. Attorney's in CA run at least $350/hr." "I understand that," I said, "but I'm willing to do anything it takes for my kid." Even if I spend all this money and lose, at least Shorty will never be able to say I didn't try and just gave up on him. So if it takes 4 states and 2 attorneys to clarify this messy situation, at least it gives me a chance to continue working on raising him so he doesn't end up a messed up chronological adult like his father.

0 Comments:

Post a Comment

<< Home