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VP4WritHabeas

VP4WritHabeas

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Published by Theresa Martin

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Published by: Theresa Martin on Oct 19, 2008
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06/16/2009

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IN THE CIRCUIT COURT FOR THE SIXTH JUDICIAL CIRCUITIN AND FOR PASCO COUNTY, FLORIDACASE NO.: ______________________________________ Theresa Marie MARTIN,)Petitioner,))v.))Stephen Paul MARTIN,)Respondent.) ____________________________)
Verified Complaint and Petition for Writ of Habeas Corpus
Comes now Theresa M. Martin, and in support of her petition to the Court for the immediateissuance of writ of habeas corpus commanding the Respondent promptly return the Petitioner’sminor children to the State of Florida, and authorizing law enforcement as needed, hereby states:
Introduction
This is a general habeas corpus action by the rightful legal and physical custodian of minor children, their Mother, a long-time resident of the State of Florida, against the Father of the samechildren, having multiple criminal convictions against him by the State of Michigan, includingfor sexual deviate conduct committed years ago upon one of the Petitioner’s two minor childrenfrom a previous marriage (a boy). The Respondent had fully participated in previous PascoCounty domestic relations child custody and support issues, also quit claiming the parties’ hometo Petitioner, then defaulted his appearing for the final divorce hearing on permanent custody andsupport issues,
then
kidnapped the minor children from the Petitioner’s Port Richey home whileshe was at work,
took 
the minor children across state lines to Michigan,
during 
pendency of an1
 
outstanding Florida arrest warrant against him for over ten thousand ($10,000) in back childsupport, has
 so far 
evaded all subsequent efforts to have him held accountable for his crimesagainst both Government and Persons, and has so far kept the children unlawfully away fromtheir rightful home under established law – the Florida home of the Petitioner, in Port Richey.This general habeas action is entirely proper under either Article I, Section 9 of the FederalConstitution, or Article I, Section 13 of the Florida Constitution, under various Due Process provisions of both Constitutions, under any of those aspects standing individually, and/or incombination, and finds additional support under Title VI, Chapter 79 of the Florida Statutes.The undersigned Petitioner, Theresa M. Martin, alleges she is entitled to the immediate returnof her children back to her home domicile, here in the State of Florida, i.e., Port Richey, and isalso, therefore, entitled to request and have this Court’s immediate assistance in the same.
Petition for Writ of Habeas Corpus
The parties had lived together previously in Michigan, then conceived and produced twodaughters of their own,
then
later married, having also relocated the family unit to Florida in late1999, then separated in January of 2003, subsequently resulting in Petitioner’s temporary solecustody of the two children in question, and then finalized their Florida divorce in June of 2004.The Respondent was duly served of the various legal proceedings (Exhibits #1), sporadicallyand voluntarily participated in them (Exhibits #2), but was also recalcitrant in paying barely anychild support, resulting in contempt findings and a warrant for his arrest (Exhibit #3) as the issueof permanent custody and support drew near. The Respondent also abandoned employment andother responsibilities (Exhibits #4) during the same period of time, and had similar life habits.Just a couple of weeks before said final divorce hearing for permanent custody and support,the Respondent fled his
next-temporary
residence in the Port Richey, Florida local area, this time2
 
keeping his whereabouts concealed, and failing or refusing to appear at the final divorce hearing,where the Petitioner was naturally awarded a permanent upgrade of the temporary sole custodyand support that she had properly exercised since the parties had separated (Exhibit #5).However, and about one (1) month after entry of final judgment in the divorce case, includingthe
res judicata
issues of child custody and child support, the Respondent, during an eveningwhile the Petitioner was at work, absconded with the children, took them across state lines toMichigan, and then caused the incredible filing of a
 second, independent 
action in Pasco Countyto divorce the Petitioner [i.e., divorce her 
again
…] just a couple of weeks later (Exhibit #6),generously listing all of the normal dissolution items of assets, debts, and etc., but since all of those other items had
already
long been resolved by various orders and procedures, it was really just a simple, convenient (and fraudulently new) action
only
for child custody and support.Unbelievably, his spontaneous new case for “approving his kidnapping” was granted, and thevery essence of basic justice has been thwarted ever since, even causing, inducing, and/or allowing serious and irreparable harms to the Petitioner’s youngest two daughters, including jailand drug issues now involved, since he has kept them unlawfully within the State of Michigan.
Argument
The Respondent did not, and does not, have any valid legal authority to request custody of minor children, on any basis. He is a convicted child sexual predator, among being responsiblefor other serious crimes (Exhibits #7), and Florida law, specifically Title V, Chapter 39, Section39.0139, ¶¶ (3) through (6) thereunder, requires mandatory security procedures that negate any possibility of him having any legal or primary physical custody of minor children. Moreover, thesame factors would be used under 
either 
an original custody determination, or any
 proper 
actionto attempt modification of custody, and the Respondent’s serious criminal history would prevent3

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