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UCC3 & Child Custody
I have spent weeks on the internet searching Google, Altavista, ask, etc. I have probably spent literally over 100 hours trying to locate a success story, or heck I’d even settle for ANY story that supports filing a UCC3 on a child.
I have already seen some success with the redemption process by way of administration process in my own life and in the life of a friend- As you know the “system” is corrupt and once the court makes a decision on your life you’re pretty much stuck. I am one of the many victims of a system that just doesn’t work and lost my children in a custody battle to an extremely abusive man- all because I didn’t have pictures of bruises to show the court (in other words I was unable to prove to the courts satisfaction that I was a battered wife). I am so afraid for my children that they will grow up to either be abused or become dishonest abusers like their father.
Though I was granted visitation by the court, my Ex is still very abusive and uses the children as a way to hurt me, has even refused my visitation on many occasions and I see serious signs of emotional abuse and brainwashing in our children‘s behavior. Because I was so burned by that Judge (who is famous for giving custody to men and famous for court room abuse) I am doing everything in my power to avoid going back before the court for a modification. Though I have built a very strong case (including audio recordings of him verbally assaulting me in the presence of the children, maliciously having my power and gas shut off mid-winter, destroying private property -among other things) he is in contempt on several issues.
My last attorney (who recently withdrew as counsel for me soon as I filed my UCC) said I have a golden case but she wanted me to file bankruptcy. I refused to file because I chose to use the administrative process and the redemption plan to discharge my debts. Besides, keeping an attorney is like admitting jurisdiction and my argument now is “lack of jurisdiction”.
I have copies of my kids birth certificates and am about to file a UCC3 on them. I am almost convinced that by being secured party of my private property (including my kids) that they would be without levy- even from the state. Is the UCC lien on the Birth certificate stronger that the court’s power to enforce a custody order? According to the Uniform Commercial Code in Section 9, all it takes to perfect a security interest on property or chattel is title and possession.
So my plan was to file all the correct paper work on state and local levels, and after I was SURE everything was in place, I was just going to wait til one of my visitation weekends came around and then just keep my private property to perfect my security interest.
Obviously it would only be a matter of hours after not returning them that the Sheriff would be at my door. Without a warrant he couldn’t do much but If he happened to acquire one then I have lots of explaining to do. Since I technically have the right to contract, I would want to opt for a new private contract regarding child visitation with the ex (I was always willing to foster a relationship with the kids and their father but he feels quite the opposite about me and would totally make sure I never saw them again if he didn‘t have the courts to worry about). Though I know he is virtually impossible to deal with and I also fear for my physical safety, I feel like I have GOT to do something for these kids before my son becomes an abuser and my daughter ends up a pregnant teen someday being beat by her boyfriend.
I've been tru enough therapy now to know that unless the cycle of abuse is broken they will turn out just like him.
In theory since they would be my private property could the state even go there once I took custody to perfect my security interest? God knows my intentions are not to deprive the kids of their father, but I am so afraid of that judge and how the kids will turn out in the custody of my deceitful and highly dishonest ex, and I don’t want to go back to court.
Please help. Any advice? Stories or citations to share?
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God Made Man... Mad Made Slaves...
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