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2DCA-Notice of Custody or Visitation Issue

2DCA-Notice of Custody or Visitation Issue

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Published by Theresa Martin

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Published by: Theresa Martin on Oct 19, 2008
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05/09/2014

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IN THE DISTRICT COURT OF APPEALIN AND FOR THE STATE OF FLORIDASECOND DISTRICT2DCA CASE NO.: 2D07-4644Theresa Marie MARTIN,)Petitioner/Appellant,))v.))Stephen Paul MARTIN,) NOTICE OF CUSTODY OR VISITATION ISSUERespondent/Appellee,))and,))In re: The welfare and interest of the) parties’ children, S.M.M and J.E.M.) _______________________________)
Petitioner/Appellant’s Notice of Custody or Visitation Issue
Comes now the Petitioner/Appellant, Theresa M. Martin, and provides notice to the Court, theClerk, and all parties regarding the emergent issue of alleged improper child custody now at bar,and therefore requests the Court for all appropriate and available relief in this matter, by stating:Urgent Request for Expedited Resolution Due to Present Wrongful Child CustodyThe Petitioner/Appellant, Mother, Theresa Martin, alleges and herein provides her prima faciecase of unlawful physical custody, care, control and management of the parties’ two children,S.M.M. and J.E.M., both daughters, by their Father, the Respondent/Appellee, Stephen Martin.Theresa and Stephen married and later divorced, having conceived the two daughters herein.Upon their separation, Theresa was granted physical custody of S.M.M. and J.E.M. in December of 2003, and Theresa’s two other children from a previous marriage were already of the age of majority. At that time period, S.M.M. and J.E.M. were both minor daughters, ages 15 and 13.Page 1 of 3
 
The Martin’s divorce was then made final in June of 2004, and Theresa’s said temporary childcustody was upgraded to permanent residential custody, with Stephen ordered for visitation andsupport, having failed to even appear for that long-established date and time of the final hearing.But, shortly thereafter, Stephen took both of the two minor daughters out of state, even whilean arrest warrant for child support was active against him, and then hired a local attorney to filean ostensibly new and independent action, seeking to “divorce” Theresa
 for the second time
, andalso seeking to sanction his removal of the parties’ two minor daughters from their Florida home.Being a four-time convicted child molester, Stephen is ineligible for child custody,
anywhere
.Having presented the issues and the law to lower tribunals who ignored the same, Theresa has been raped of her most basic rights, while the lives of her daughters have plummeted during their Father’s “care”, resulting in school dropouts, drug problems, jail time, probation periods, and etc.Since the time when Stephen removed the two daughters from the State of Florida in 2004,S.M.M. has now reached the age of majority, but is under supervision, via her revised probationterms, by the State of Michigan, while J.E.M. is still a minor child, at sixteen (16) years of age.The Petitioner/Appellant seeks this Court’s declaration of legal nullity of the second divorceaction by the Respondent/Appellee, immediate habeas return of J.E.M. to her full custody, and asavailable, transfer of supervision of S.M.M. to and under the State of Florida, at Theresa’s home.
WHEREFORE
, the undersigned Plaintiff/Appellant provides the above notice to the Court,the Clerk, and all parties, regarding the emergent issues of child custody at play, and does further request all appropriate and available procedural and other relief, true and proper in the premises.Respectfully submitted, _________________________ Theresa M. MartinPage 2 of 3

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