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Notice of Custody or Visitation Issue

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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06/16/2009

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IN THE DISTRICT COURT OF APPEAL IN AND FOR THE STATE OF FLORIDA SECOND DISTRICT 2DCA CASE NO.

: 2D07-4644 Theresa Marie MARTIN, Petitioner/Appellant, ) ) ) v. ) ) Stephen Paul MARTIN, ) Respondent/Appellee, ) ) and, ) ) In re: The welfare and interest of the ) parties’ children, S.M.M and J.E.M. ) _______________________________)

NOTICE OF CUSTODY OR VISITATION ISSUE

Petitioner/Appellant’s Notice of Custody or Visitation Issue
Comes now the Petitioner/Appellant, Theresa M. Martin, and provides notice to the Court, the Clerk, 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 Custody The Petitioner/Appellant, Mother, Theresa Martin, alleges and herein provides her prima facie case 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.

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The Martin’s divorce was then made final in June of 2004, and Theresa’s said temporary child custody was upgraded to permanent residential custody, with Stephen ordered for visitation and support, 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 while an arrest warrant for child support was active against him, and then hired a local attorney to file an ostensibly new and independent action, seeking to “divorce” Theresa for the second time, and also 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 probation terms, 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 divorce action by the Respondent/Appellee, immediate habeas return of J.E.M. to her full custody, and as available, 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. Martin Page 2 of 3

CERTIFICATE OF SERVICE I hereby certify: that on this ______ day of October, 2007, a true and complete copy of the foregoing notice of custody or visitation issue, by depositing the same in the United States mail, first class postage preaffixed, has been duly served upon the following at said same address:

Stephen P. Martin 25675 Hoffmeyer St. Roseville, MI 48066

______________________________ Theresa M. Martin

Theresa M. Martin 10918 Norwood Avenue Port Richey, FL 34668 727-457-2436 Page 3 of 3

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