GODAM!!  That's a whole lot of a mess that just dumped on you.  Sorry that you're having to deal with all this this, but I hope for the best. 

Quote from: IZ on February 28, 2013, 10:48:13 PM
My TV is down though so I guess I know what to tune into for the next couple months! 

Not only is he a hobbit, he's also a dick.

crazy shit
you've got our moral support and ear for ranting to

Quote from: DRKWNG on March 01, 2013, 04:33:04 PM
GODAM!!  That's a whole lot of a mess that just dumped on you.  Sorry that you're having to deal with all this this, but I hope for the best. 

Not only is he a hobbit, he's also a dick.

I'm pretty sure he didn't mean it that way.

At least I hope.

It's more fun to imagine.

Maybe I missed it...you live in a different State? I'm wondering why the PD didn't call you to come get the youngest.

Quote from: hbliam on March 01, 2013, 09:08:49 PM
Maybe I missed it...you live in a different State? I'm wondering why the PD didn't call you to come get the youngest.

She and I have joint custody with her as the custodial guardian.
She moved to Missouri after we divorced.
Once she did that, Missouri law superseded all Iowa law for custody/protective custody.
All Iowa laws in relation to financial and medical support for the children take precedence.

If I lived in Missouri, they would have called me and had me come and pick them up.
But since I live in another state, the state of Missouri takes protective custody of the minor child.
The process Missouri follows is that I have to petition for her to be released to my custody. (That's the hearing on Monday)
Missouri then sets a formal hearing where I plead my case. The state caseworkers would *typically* then argue for the child to be returned to the custodial parent's home as long as certain stipulations are met. In this case, that won't happen.
The state of Missouri will say something to the effect that they believe my daughter should be placed in my home.
The magistrate or judge will then order Missouri to do a home study of my residence and interviews of me and anyone else in the household (my wife).
But since I live in Iowa, they have to petition Iowa to do the home study.
Once the home study is complete, the state of Iowa sends its findings to the state of Missouri.
The caseworkers will then request another hearing to enter in the new information with the magistrate or judge.
At that time, the judge has up to 60 days to review all details of the case and make a final disposition.

According to the juvenile officer and the caseworker from Missouri, because I live in another state, this potentially could take up to 6 months. She doesn't see it taking that long but then they still have to follow their procedures.


As for the mom...bail's been set at $500,000 cash only.

Quote from: ZILBERT on March 01, 2013, 10:42:23 PM
She and I have joint custody with her as the custodial guardian.
She moved to Missouri after we divorced.
Once she did that, Missouri law superseded all Iowa law for custody/protective custody.
All Iowa laws in relation to financial and medical support for the children take precedence.

If I lived in Missouri, they would have called me and had me come and pick them up.
But since I live in another state, the state of Missouri takes protective custody of the minor child.
The process Missouri follows is that I have to petition for her to be released to my custody. (That's the hearing on Monday)
Missouri then sets a formal hearing where I plead my case. The state caseworkers would *typically* then argue for the child to be returned to the custodial parent's home as long as certain stipulations are met. In this case, that won't happen.
The state of Missouri will say something to the effect that they believe my daughter should be placed in my home.
The magistrate or judge will then order Missouri to do a home study of my residence and interviews of me and anyone else in the household (my wife).
But since I live in Iowa, they have to petition Iowa to do the home study.
Once the home study is complete, the state of Iowa sends its findings to the state of Missouri.
The caseworkers will then request another hearing to enter in the new information with the magistrate or judge.
At that time, the judge has up to 60 days to review all details of the case and make a final disposition.

According to the juvenile officer and the caseworker from Missouri, because I live in another state, this potentially could take up to 6 months. She doesn't see it taking that long but then they still have to follow their procedures.


As for the mom...bail's been set at $500,000 cash only.

If an Iowa court issued a custody order that you both accepted, then Missouri would abide by that provided it comported with Missouri law (and that means only egregious issues, like underage marriage not normal stuff).  You just need to file in Missouri to have the Iowa custody order enforced in Missouri.

Your custody does not change when she crosses state lines.  It gets complicated, but Missouri cannot undo a custody order that is uncontested. 

There is no "precedence" with regard to divorce/custody issues once final.

HOWEVER the issue here is that the child was taken into protective custody by the state because she was in a dangerous situation, and that's wholly different from the divorce custody.  You have to show up because you're out of state, but that doesn't override the original custody order.  The Missouri court wants to make sure you're legit because it knows nothing of YOU or the original custody order.  Technically, despite being in jail, your ex still has a legal right (in IOWA) to sue for custody until that order is amended. 

Bring the original custody agreement with you from the IOWA court.  The Missouri court will probably question you some regarding your living status, job, etc, but will release her to you.  You need to state that you will seek to have the original custody order amended to REMOVE your ex's custody rights.

And make sure you have an attorney worth a shit.  Bring an original copy of the custody order (or a "true copy").

Quote from: DRKWNG on March 01, 2013, 04:33:04 PM
Not only is he a hobbit, he's also a dick.

Quote from: Monsterlover on March 01, 2013, 06:37:11 PM
I'm pretty sure he didn't mean it that way.
At least I hope.

Seriously..

..didn't read the first or third line?  Come on. 

When someone here says he feels like Piller, I would assume that he still has some humor and a popcorn-eating emoticon is hardly a kick in the balls.

If I do have to do some explaining though..in case anyone really cares or really was offended..like I said, my TV is down (there's a thread regarding it), my bike is totaled and I can't work out because of it.  So, I'll be checking in more to see where this goes.  Obviously, I hope it all works out for Z. 

If I did want to be a dick though..I could whine about Mods name calling, how my feelings got hurt by it and double standards. 

Back to the important stuff.   
 

Quote from: IZ on March 02, 2013, 10:59:06 AM

Seriously..

..didn't read the first or third line?  Come on. 

When someone here says he feels like Piller, I would assume that he still has some humor and a popcorn-eating emoticon is hardly a kick in the balls.

If I do have to do some explaining though..in case anyone really cares or really was offended..like I said, my TV is down (there's a thread regarding it), my bike is totaled and I can't work out because of it.  So, I'll be checking in more to see where this goes.  Obviously, I hope it all works out for Z. 

If I did want to be a dick though..I could whine about Mods name calling, how my feelings got hurt by it and double standards. 

Back to the important stuff.   
 

Calm down there IZ_...

This is why I worked in a felony criminal courthouse (and my wife still does) and not a civil courthouse dealing with civil lawsuits ($$$$) and family law mayhem. So much simpler and straight forward. Guilty/not guilty... next case.

Good luck Zilbert. I wish you and your children the best. Obviously your ex has flushed her life down the toilet. Hope you can salvage and save your kiddos and successfully wade through the court madness.

Wow, shit man your life just entered a new reality....I know what that feels like

I am sorry you and your children have been injected into an episode of COPS

You are doing the right things, salvage the kids and get them far far away from the tweaker queen

in fact petition for sole custody given the horrific conditions your kids were exposed to

do not bank on the state keeping her locked up for as long as she deserves

Seriously, my heart goes out to you, and listen to Ducatiz...I believe these matters are an area of professional expertise in his portfolio

Good Luck!!  Stay on track and keep your composure when dealing with the State Apparatus

Quote from: IZ on March 02, 2013, 10:59:06 AM
If I did want to be a dick though..I could whine about Mods name calling, how my feelings got hurt by it and double standards. 

JuddDdDDddDDdD, what did you do with Adam?

Quote from: DRKWNG on March 02, 2013, 11:59:59 AM
JuddDdDDddDDdD, what did you do with Adam?

Now that..I take personally!

Quote from: ducatiz on March 02, 2013, 06:19:45 AM

If an Iowa court issued a custody order that you both accepted, then Missouri would abide by that provided it comported with Missouri law (and that means only egregious issues, like underage marriage not normal stuff).  You just need to file in Missouri to have the Iowa custody order enforced in Missouri.

Your custody does not change when she crosses state lines.  It gets complicated, but Missouri cannot undo a custody order that is uncontested. 

There is no "precedence" with regard to divorce/custody issues once final.

HOWEVER the issue here is that the child was taken into protective custody by the state because she was in a dangerous situation, and that's wholly different from the divorce custody.  You have to show up because you're out of state, but that doesn't override the original custody order.  The Missouri court wants to make sure you're legit because it knows nothing of YOU or the original custody order.  Technically, despite being in jail, your ex still has a legal right (in IOWA) to sue for custody until that order is amended. 

Bring the original custody agreement with you from the IOWA court.  The Missouri court will probably question you some regarding your living status, job, etc, but will release her to you.  You need to state that you will seek to have the original custody order amended to REMOVE your ex's custody rights.

And make sure you have an attorney worth a shit.  Bring an original copy of the custody order (or a "true copy").

They already have a certified copy of the original custody order from the Iowa courts. The magistrate who issued the order to place my youngest into protective custody "overrode" that order.
Citing that in the case of a child being in a dangerous situation, the state has rights to supersede all previous custody orders.
I'm not a lawyer. But I have an excellent family law attorney who has been with me for the over 17 years that this has been going on (custody, child support, etc) and he even claims his hands are tied until after the hearing on Monday. He said that even his good friend who is a practicing attorney in Missouri had nothing to offer beyond what we have been told so far.

I will be bringing the original custody order with me tomorrow but from what I have been told, no arguments/evidence can be presented at this hearing only that this hearing establishes the state's right to place the minor child into protective custody "officially".
From what I have found so far, Missouri has completely ignored the original Iowa custody order. That one stated that I was to have my daughters every other weekend and every Tuesday/Thursday. It noted that if she moved out of the area, that a new order would have to be issued to amend the custody and visitation.
It said that she could not move out of state without first having the custody and visitation amended.
She moved out of state.
She didn't tell anyone until 6 weeks after doing it.
The state of Iowa held her in contempt.
The state of Missouri refused to "get in the middle"...until now.

"Until now"