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Saturday, November 26, 2011

Utah Adoption Case

Wednesday, June 23, 2010
Mother Giving Up Child Custody ; Relinquishment of Custody of a Child
When a mother gives up or relinquished custody to a private out of state adoption agency, there is no current requirement requiring the notary to be presented with a birth certificate. I am working at making this a requirement. If the birth certificate states the father's name this should alert the notary to a problem; especially if the mother denies knowing the name in a jurat statement. Furthermore, if the child is only a day old, the mother maybe still under the effect of medication given her during delivery of the child and not be competent to do a jurat or any other notary procedure. In my opinion, notaries should call child protective service, VA State Police, and local authorities if they detect any issues during custody relinquishment. A competent VA court can then sort out custody of the child in VA. I am strongly advocating all VA notaries insist on seeing a birth certificate during a relinquishment of a child by either parent.

According to the Washington Post. a child was removed from Virginia without permission of the father and adopted by a Utah family. A VA court awarded custody to the father. The case is being litigated in Utah under the Federal Parental Kidnapping Act. The case is going to the Utah Supreme Court. Based on news articles, proper resolution of the case consistent with the application of Federal Parental Kidnapping laws will only occur at the US Supreme Court or in Federal Court.

I think adoptions are great and I work with adopting families regularly. I am also impressed with a Census co working who kept her baby and the thoroughly integrated parenting plan she has with the father and the grandparents that allowed her to be a full time Census Enumerator!!!!!!She is going to NOVA in the Fall and will do an RN major a radiological technician degree or both.
Posted by Stephen H Hoffman at 8:20 PM Comments (0)
Labels: attention all va notaries, birth, census enumerator, child custudy, medication, parental kidnapping, utah
Wednesday, April 14, 2010
What happens when the notary finds you lied
Lying to a VA notary is a serious matter. Notaries are authorized to do a jurat which includes asking the client to affirm the truthfulness of statements in the document. As stated earlier in the blog, notaries are not Dick Tracy, Perry Mason, or Trag. VA Notary office stated today they do not have jurisdiction over the perjury issue; law enforcement has jurisdiction. Va State Police or the police in the jurisdiction of the alleged perjury would have authority to investigate perjury. As stated earlier in the blog, the former Mayor of Detroit went to jail because he lied to a Michigan Notary. Clearly, if a notary discover perjury after the jurat, a report to the parties effected needs to be made. However,it is the sole responsibility of the parties to contact authorities such as the Va State Police or magistrate.If the offense were to trigger a federal crime, it is the sole responsibility of the parties to contact a federal magistrate.

Stating opinion not endorsed by the majority of citizens is not perjury. If President of the Flat Earth Society were to appear before a VA Notary and do a jurat stating the earth is flat, this would not be perjury. Clearly the client honestly thinks the world is flat.

If a person brings a document claiming ownership of the Brooklyn Bridge, this document should not be notarized.

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