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  #1  
Old 10-17-2005, 12:35 AM
jjc_is_me
 
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Custody Of Child

When A Ucc3 Is Filed On Your Child Do You Have More Rights Then One Of The Parent's Having Custody? Will This Stand Up In Court?

Any Information Will Be Greatly Appreciated

Thanks
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  #2  
Old 10-17-2005, 06:15 AM
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A UCC3 filing will not override nor void the contractual agreement you, your ex, and the state entered upon divorce. Unfortunately, the state became a party to the fruits of your marriage through the state marriage license (another contractual agreement). The divorce then created another agreement, with terms the state found to be in its best interest, which you consented. The only way you can attempt to renegotiate the terms of the agreement with the state is to reengage the state in the proper forum (court).
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  #3  
Old 10-18-2005, 01:21 PM
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Akira Akira is offline
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jjc_is_me,

Were you married to the mother of your children? Does a contract (marriage license) exist?

I could find no mention of it in any of your threads...

For HIS Glory,
Akira
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  #4  
Old 10-19-2005, 05:21 AM
jjc_is_me
 
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Yes We Were Married. And What Does The Marriage License Have To Do With The Ucc? I Am Still New To All Of This
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  #5  
Old 10-19-2005, 05:59 AM
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The UCC doesn't have anything to do with marriage. Marriage is a contractual agreement between a Man and Woman (absent a marriage license) or between a Man, Woman, and the State (via marriage license).
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  #6  
Old 10-19-2005, 08:21 PM
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Akira Akira is offline
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Quote:
Originally Posted by citizensoldier
The UCC doesn't have anything to do with marriage. Marriage is a contractual agreement between a Man and Woman (absent a marriage license) or between a Man, Woman, and the State (via marriage license).
Flesh and blood make a solemn vow (verbal contract) between themselves, to their creator.

With a marriage license, three commercial/legal entities enter into a contractural agreement, with each other. Why wouldn't the UCC apply? Aren't all the names in capital letters?

Title 19-A: DOMESTIC RELATIONS
Part 2: MARRIED PERSONS
Chapter 23: MARRIAGE


The above section, is dependant on the definition below:

Title 19-A: DOMESTIC RELATIONS
Part 1: GENERAL PROVISIONS
Chapter 1: GENERAL PROVISIONS
ยง101. Definitions

9. Person.
"Person" means an individual, trust, estate, partnership, association, company, corporation, political subdivision of the State, instrumentality of the State or other entity.


For HIS GLory,
Akira
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Counselor in Law (student) - I live it, I don't 'practice'
No post is ever intended as 'legal' advice. Lawful perspectives discussed openly.
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  #7  
Old 10-20-2005, 08:59 AM
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Quote:
Originally Posted by Akira
Flesh and blood make a solemn vow (verbal contract) between themselves, to their creator.

Agreed; however, it is a mistake to assume the accumilated property from the above contract cannot be brought into an equity court when the parties to a marriage want to end the contract and they dispute who gets what. These situations are why equity courts exist.

Quote:
With a marriage license, three commercial/legal entities enter into a contractural agreement, with each other. Why wouldn't the UCC apply?


A marriage license does make the state a party to the marriage contract; however, it does not make the contract a commercial transaction nor is the state a commercial entity - it is a private corporation.

Commerce is the activity of trading or exchanging one commodity for another. The act of contracting does not make one to be operating in commerce. Furthermore, conducting business does not make the activity commerce. It is self-evident that a marriage doesn't constitute being a commercial activity - it is a private agreement.
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  #8  
Old 10-21-2005, 11:43 PM
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too busy to reply... :/
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No post is ever intended as 'legal' advice. Lawful perspectives discussed openly.
"Pro and Con are opposites, this is plainly seen.
If progress means 'to move forward', what does congress mean?" - Nipsy Russel

"It's not the will to win, it's the will to prepare to win." - Bobby Knight
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  #9  
Old 10-23-2005, 10:20 PM
Mr Nuetron
 
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Once Married forever legally bound?

So does that mean if someone gets a marriage license and decides to divorce (mutually consenting to property and child issues)to be rid of the state and remarries sans license (family bible with witnesses all signing bible)the state still has authority over the children and the husband and wife. Are they all still ensnared or just the child due to the defunct state marriage or because of ss# or birth certificate.
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  #10  
Old 10-26-2005, 07:17 PM
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This thread is a dupe of another...

Please see my reply here...

For HIS Glory,
Akira
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No post is ever intended as 'legal' advice. Lawful perspectives discussed openly.
"Pro and Con are opposites, this is plainly seen.
If progress means 'to move forward', what does congress mean?" - Nipsy Russel

"It's not the will to win, it's the will to prepare to win." - Bobby Knight
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