Saturday, November 6, 2010

Daily Thank You - Nov 6th


We went to court yesterday for his 72 hour hearing he had the right to request. I was nervous as could be. I had to take my son with me to court so he could testify as to what he wanted. It was seriously nerve racking. I was a mess, and him...he was so collected! I couldn't believe my little boy (he'd kill me for that) wasn't nervous about testifying in front of us that he wanted to stay with Mom. As I said before the judge had ordered and Exparte order on Tuesday, then again on Wednesday since the cops wanted to say they couldn't make him give him to me because it didn't say "forcibly remove." So Wednesday we got another that stated "forcibly remove" and I was able to get him. Well the first thing the judge said was that after reviewing the case further she was out of jurisdiction ordering that. My heart sank, tears welled up in my eyes and I was ready to kick and scream. Then she went on to say that since we were never married and that no order has ever been given through the courts that I had sole custody and control over him. I cheered and hooted and hollered in my head. I was so happy at that time. At that point I knew he was going home with me. Nobody had to testify because under the law I had sole custody. Which of course his atty tried to argue but the judge told him it didn't matter what he said, the law was the law and he would be going home with me.
It's not over yet though. We still have our final hearing scheduled for Dec 8th. He also has the right to put a motion in for a 7 day pretrial hearing, but I think the judge may turn that down since our court date is in a month. I'm hoping and praying and crossing my fingers that everything works out. 

So with all that said:
Today I am thankful once again for the judge. She has been such a tremendous help in returning my son to me. If it were appropriate, I'd have run up there and given her a huge hug!!

Crying more mommy tears now! I love my kids!

5 comments:

  1. I'm so glad it worked out well for you!

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  2. Love you girl. xoxoxoxo

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  3. Oh Melissa...what a relief for a month or so! I am cheering here in Oly for ya girl! :)

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  4. Congratulation to you and your son, Melissa! It will be another victory in December, I'm sure..

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