The Parenting Plan shows that I am supposed to have our daughter that weekend. Served by the sheriff so theres a record? I am in need of advice. I have read you state statute and all I can say is this is not a criminal law issue only a civil family law issue. Today was one of my days for visitation. You will see very soon how long the claws ate of your ex as she WILL come out fighting. YES YOU WOULD.In the judges eyes it would be mean to both the mother and the child to do that. Hes done this countless times. He also had a lawyer and I didnt, so I was forced to represent myself. Stop relying on the court system to resolve your parenting issues. Police were called and nothing could be done at that time.. (Friday) Just returned home today. She uses her petition and shows it to police and tells them that it grants her sole custody until court hearings are complete and they accept it and ordered me to giver her the child and also ordered me not to contact her asking to see the baby without issuing me anything in writing. My daughter and I reside in NJ but father resides in Florida. Never got the opportunity to get deployed because he got suck from immunizations . Needless to say he bullied me into signing away physical custody because he It is so damned frustrating. If the court order states that the mother is to drop the child off and Unfortunately, there are a lot of internal illegal favors done within the system. A person also commits custodial interference by detaining the child . Shes a lawyer with friends in high places in Mexico so how does my friend get her boy back? Is it the law of Texas that we are reuired to pay roundtrip if I follow my husband in the military? He wants to take me to court because of this summer. Or if he refuses to send him abck prior to the start of school is that custodial interference? Anyone know if this is correct? Doesnt usually matter if the receiver signs for certified mail, so long as you have the receipt it was delivered, dont ask for return receipt or a signature for them to leave the mail and you just send certified (not return receipt requested). However, the reason she gave for not taking him was her cancer treatments and she had the flu. He gets Va benefits as well. Please, whom ever reads this, do not judge me because you do not know my story. Against what I said, the gma continued to use her info and open a bank account under her name for my daughter. Now that we have been gone for almost a year, she decided to file charges on me for interference of visitation in the old state eight months later, when she would never come to see him and disappeared for months. For example, look at it as him giving you a break to spend some intimate time with your family (grand parents in this case) in a much deeper way than being distracted with children that are running around or constantly pulling at you. Meanwhile, try to prepare for the best. This is not true, my grandson thinks anybody who disciplines him is mean to him and that includes his father aswell. Our firm will rigorously represent you, so you can get on with your life. Should I be worried about custody? If you need assistance, please contact the Trial Court Law Libraries. My question is can he take back my full custody rights. JNR i feel ya it makes no sense. You both love your children and they love both of their parents. ORDERS ARE LAW! She says he needs to be consistent.wtf, how when mandated chaparon has a life to negotiate around and she makes plans for the child to interfere with consistency. If you need assistance, please contact the Probate and Family Court. He violated to visistation order then went to court and suspended my time share. So, what do you mean got you for custodial interference? He only does this when he has our child with him. Hopefully, he will get himself together and be a good father. he has 50/50 joint coustody withhis ex spouse one child lives with him and the other with mom. Up to the judge, but usually a no-show is a win for the serving and appearing side??? shakes head in disgust.My Long LaborDay weekend stolenhe walked into the school and took them 5 states away. i have offered him to come see her and he refuses everytime. How do I get my children back home today!!! We would now be 6 1/2 hours away. How can something be illegal and NOT ENFORCEABLE by the police????? Others are saying I should not let him see our child. Answer is THERE IS NO WAY YOU WILL WIN IN COURT YOU HAVE WILLFULLY BROKEN THE LAW and harmed your own children unless your attorney is sleeping with the judge or something corrupt like that. The ticket (NC parent bought) is round trip and my 16 y/o is supposed to be back late August; the agreement NC father and I made. What are my chances of getting sole physical custody seeing that VA has been our sons home since he was born, he just turned 7. We have a very happy stable home for him and are seeking the advise of a lawyer, however, we are broke and are getting a cheap lawyer. Usually this will be 6-12 months to give the parent an opportunity to clean up their act. His new residence is 3.5 hours away. Work fast, send certified letters, leave messages, record them, send texts, etc. Have you entertained the notion that MAYBE, just MAYBE, if the mother brings the boy to his father, she is carrying a BIG message of support and encouragement in that visit being necessary and important to the boys life? I have sole physical and legal custody of all of my kids. This will be a difficult and uphill battle. His visitation is for 6 hours, and the kids are to be home at 7pm. Let it go beyond six months and it becomes their jurisdiction and you have to go there. We have offered to pay for any and all travel expences to bring him out even though our court orders say that we must split the cost. They have joint custody with the Father having primary custody and full financial responsibility. A single mother to child is when a the father of the child have no connections, when the father does not communicate to the child nor does he pay child support. If youre paying all of it, the other parent has to help which is like saying good luck on an order when they are non-specific. Just recently he has moved him to another county, another school, and another address without telling me. They should have gotten ahold of me asap nut his mother help sweep it under the rug like always.. wont pick up a civil case, but the police should follow your Court Order and demand for the charge of interference with custody that is criminal and they have to be involved. Is she explaining why she is keeping the child(ren)? Anything that is in that agreement that has been signed, sealed and delivered so to speak is a court ORDER, If she isnt doing all it says she is to do, she is in contempt. (Smh) in disbelief on how I can not seem to gettin help from the Police dept. That is not what the order states. Its been programmed since the 70s. Her ex has domestic violence on him from while holding the baby on her 1st birthday trying to hit her mother, she recorded it, high on heroine, driving with her baby! Someone please help. At our final custody hearing, my ex husband was given 3 weekends a month with our daughter. for the past 3 years. CAN NOT HAPPEN! When we got along prior to her moving again in 2007 I was always to be refered to as a friend when she would bring him to visit even though she told him who his brothers were. I hope you arent alienating your sons father from his own father.. Court orders state each party is to notify each other of any changes. No that isnt much to get my time with my son although Ive done this for 9 years! Refer: ORS 163.215 Kidnapping and Related Offenses Definitions; ORS 163.245 Custodial Interference II; ORS 163.257 Custodial Interference I; DIR 640.30 Child Abuse Investigations; DIR 825.00 Domestic Violence, Arrests and Restraining Orders; DIR 850.30 Custody, Juvenile Holds I had a syncopy episode and hit my head. Custodial interference (also called custody interference) refers to the taking or keeping of a child from the custodial parent with the intent to interfere with that parents rightful physical custody. Also his father is in contempt for many reasons I havent seen my youngest all month and Im blocked from the dads phone so he is unreachable Please help me. Your opinions even if true has not even addressed the question that was being asked. old is in inimint danger, how can a mother who has not seen her daughter or talk to her in 7 months now what her ex to follow the divorce order. I am a father trying to get my ex to follow court visitation orders. Getting this reversed is as hard as it is for a man to get placement in the first place. Other states like Illinois with give your a half hour of free legal counsel. You may also be referred to other types ofalternative dispute resolution. You should give them the info. superficially raising my son. There is not an official court order regarding custody in place yet. Trying to run with this on your own may be a very expesive and difficult battle to win, but understand your child is worth the time and resources. As things went within court her attorney and she ram-rodded a court order claiming shared parenting with regards to her taking care of the day to day matters and restricting me to only 3 days of visitation per month at 8 hours per day. Dont cry to get your way, PROVE you really want it and it will come. Well, Last year he had he first week of break with the agreement we just switch off. Can she stop the visitations because of this and if I dont have transportation to get him how do I get to see him? Indiana my dear friends, go figure. Principles of the law of family dissolution, analysis and recommendations, the American Law Institute, 2002 with updates. Make sure you obtain copies of the reports from both departments. IF your divorce/custody agreement says she is supposed to notify you if he is ill and she hasnt done that, she is in contempt and you DO have legal recourse. A parent interferes with the other parents custodial time when that parent impedes on or prevents the other parent from exercising their court ordered visitation. It includes answers to questions like: What happens to debts in a divorce?, I'm separated: Can I date?, How are family pets handled?, When can I stop paying child support?, How is alimony decided? I have joint custody with my ex. Afterwards they tell me Im doing a great job raising them. She has broken the divorce/custody agreement several times and I have them documented. So with that being said to say that she smokes around the child, doesnt teach him anything or some of the other things you said will not stick as this is personal opinion unless you have a judge that shows you sympathy. I am a non custodial parent, pay my suppoet, see my children etc, My children were taken across states line and the custodial parent took a restraining order on me 3 weeks after the same day I got a visitation order. struck out on my own as well, David was furious. You should talk to a lawyer if you have questions about whether Massachusetts is the right state to file your case. PDX Mom. He told me to sign my rights over and he wpould never bother me again He has been doing stuff like this to me for the past 4 or 5 years when he gained primary custodion. When the children come for summer vacation we want to keep them since we believe they are in danger from their mother. the father of my kids told me he has been filing police reports because i havent been letting him see the kids well thats what hes telling them but the real reason is because i havent taken him off child support he knows where we live and my phone number but since our court date in november he hasnt been trying to see them or call just the few days ago he sat in his car outside my house for about and hour and left didnt even try to knock on the door and than last weekend we were coming home and i saw him turning out of my street with his wife didnt attempt to turn around and come back are those police reports legit can he use those on me me an him had an agreement i take him off child support he stops coming around for the fact that he doesnt want to be financialy responsible for the kids what can i do. The State Police admitted she was committing a felony, but there was nothing they could do about it. My son begged me not to take him back to visit his dad. In some of my conversations with my kids, they have told me that there are no bedrooms in the house that they all sleep in the same room together. To answer your question yes your ex can be held in contempt and it really is not more than spoken words or words on paper. This is it: mother can do everything,she is ABOVE the law. Is this legal? I know this is tough sometimes I an also a divorced Mom. He goes on Family vacations with his new wife and his 3 and 4yr old sons without her. However, in January of this year she wrote my wife that she had lost her job in December and without even seeking another job here, moved with the kids to Topeka, Kansas secretly, without permission and without giving notice to anyone, including the childrens father or the Court. She has not been at school and she needed a medical procedure that was missed due to my ex not returning her back to me. my son claims he was abused by stepdad, he was in my custody for the summer and ran away the day before my x wife come to get him, he had a cell phone so he kept in contact. We have a court date coming up for the modification but since he is with us she is threatening to have my husband put in jail for contempt of court for not complying. Mass. Once she violates that agreement, take her ass to court siting the failure of mediation. I live in Alabama and I have just been granted Sole Physical and Legal custody of my son. MY OPINION: Joint legal custody means equal in decision making, visitation is clear that it is the schedule for the non-custodial parent to have visits. He wont allow me facetime, Facebooking, texting, nothing. I have a family law lawyer, she stated that the Statute I spoke of N.J.S.A. Thats if you dont know where the child is. How does a father go about establishing a parenting plan and custody arrangements when nothing has been filed with the courts but the mother will not allow the father to see the child? Somehow th restraining order was dropped..a lie it was.Things landed in her juristictionand she has gone against the court order 52 times. is so he would be able to get her each time I had her on my week he had scheduled for me. I denied visitation for 3 years now and found out that they gave custody to this psycho (who is also a person of interest in an unsolved homicide case that was related to drugs, mind you and he is one of the biggest cocaine dealers in his town, btw) and I am being charged with custodial interference. She cleaned up her act and had her visitation and primary care of the children reinstated after she could prove her stability. His mother is a US Citizen but originally born in Liberia Africa. If she didnt get what she want from me, she will abuse me through my son, knowing that I love/care my son so much. Parents and their legal representatives may try to manipulate . I am a teacherhow can I not!! There are some other issues that are of concern. How can they not go by the court order and get away with this every time? I would advice you to go directly to the sheriffs office to show them a copy of your order that states he was to bring your children back to you after summer vacation so they can see for them selves the act was commited and how he (I am assuming) enrolled the children in school without your consent.. during this time, THE LEAST HE CAN DO IS GET OFF HIS BUTT So he and I go there and they drop some of it After he passed away I had to go to court again for the arrests AGAIN and they were dropped along with anything else owed at all So can someone please tell me how they just got me on driving on suspended? She use to love me and talk to me. He even let his soon to be EX wife take MY daughter out of state without my parental consent. So I ask you in shear desperation to please help in anyway possible. What do I do to stop all this madness?!?!? A new parenting plan was signed by the Judge. Boyfriend is locked up wont come out till he his time is up. Ashley Holter, 27, and Nicholis . Seeing your husband is the non-custodial parent you raise good concerns but I dont know if most of them would be good enough to overturn custody with the exception of one unless you have very good evidence that he is in danger. then it is willful contempt. She also helps the child lie to say she is one place but then goes some where else. In the family court system child support and visitation are 2 SEPERATE issues. I hate to say it, and may have heard it already, but you could have possibly screwed yourself. They take him to school, pick him up, help him do his homework, feed him dinner and put him to bed. can a custodyal parent keep a child from the non-costodyal parent if child support is not up to date but non-custodyal parent is still paying child suport . You have to be smart in a legal sense your son is not just a parent any more he is a target! He is with my family on vacation, just like he goes every year. This means that typically the courts rulings are not always equitable and are poorly executed rulings. My daughter is forced to do chores all day while step mom sits on the computer, anyways. Parenting plan only outlines major holidays as we didnt agree on yearly minor ones. The dcf worker has to wait on the doctor to release there opinion on if ahe was medically neglected. We live in California. Ask her how she feels, how she is doing, what she wants, what you can do to help her if shes having a hard time. YOu have have had her 1 day of each week of my summer weeks. I would be going along with humanitarian group, too. Yet we fear that when we go to court in 2 weeks, the court will side with her because she is the mother. She always has an excuse about transportation or money for gas and I always have to end up driving 1 1/2 to get her. We can not afford what we have been told it will cost to get this corrected and justice be served. Nolo's essential guide to child custody & support by Emily Doskow, Nolo, 2021. Jurisdiction Spent 12 years in FL. Sorry I just made your life SUCK but know you did an excellent job as you are the runner up and loose everything to her. does any one know the name of the paper work to fill custody interference. For information about child custody when you're not a parent, please see information about caregivers and guardians . I called CPS and reported this incident and took my son to the emergency room. That should be the same in all states. In court I was all alone barely 18 no reserves to my name, not When he picked him up from my parents, my son ran in terror into their house..screaming and crying that he did not want to go..so he just strong armed him into the car. I am the grandparent and I have made numerous attempts to contact the mother (custodial parent) and she refuses to answer.My son and our family have no idea where she lives and has cut off all communication. lady after our son was born he stated adamantly that he did not want to be put on the birth certificate, because I do not want to be a dad yet, im serious *Bunny*, I am not ready to be a father. then I spent the next two weeks going up to the nicu every day for two weeks for eight hours each day because our son *Cash* was born two months early. I think he really wants to talk to YOU twice a day. We do have an appt with his lawyer but not until Thursday (lawyer out of town). My ex picked her up on Sunday and was supposed to return her and then called 8:00 at night and said she did not have a way to bring her back so I agreed that she could stay for the week and she was to be returned on Sunday. MOST IMPORTANTLY PRAY!!! can really solve your problem. Or do you think that is not a good enough reason for the court to grant me the emergency hearing? Will hubby be held in contempt of the court order? This guy has an anger problem & has been arrested for harrassment 3 times this year. He didnt take any of their belongings and one of the twins has a severe case of asthma and he has no medication. Shouldnt he send him back? I research law anytime I can and have continued faith. Now keep In mind no visitation has been set nor is there a final order. The validity and types of custodial interference offenses depend on the relationship of the parties and any existing court orders. Than my sister Is this custodial interference? The papers say she has to notify me anytime he is sick and I havent got even 1 courtesy call on his well being. Look it up and research it. We are really worried but dont know what to do and its the long Easter weekend. Does this in any way constitute a forfeiture of custody or void the physical custody? Can the Father file for any type of emergency order stating she cannot take his children out of state without his knowledge? My ex has moved to where she lives 120 miles from my residence, and I picked up our daughter for visitation and asked that she meet me half way for the drop off. This is where my kids are currently and I dont know for how long exactly, although they said something being around Christmas to my mother as well. What state is the Court Order filed in? I found out after calling and texting many times that his mother took her on a cruise out of the country without my consent and without her father. Unfortunately, many people in Tennessee face this problem every day. Because of this police said thar here in Arizona if you werent married and do not have a final order the mother has assumed full custody even though I have had the kids the whole time and am on the birth certificate.my ex has not let me see the kids in 2 weeks and only allowed me to speak with them twice for a total of 8 minutes. Get off your high horse. (he leaves for work before she comes home from school and he is gone all night and sleeps in mornings, so on the days she goes to school they dont see each other so she is basically raising herself. She never answered calls or messages. If you would like to continue helping us improve Mass.gov, join our user panel to test new features for the site. I have tried contacting him but I get no answers! Even though she has the court order. Would it matter if My fiance is on the register sex offender list? Hes in TexasMarshall tx. It would be better for you to be rational and cooperative. I am fighting to get my daughter back home. One year ago my sister groomed my then 17 year old daughter to become her friend, her ally, then her drinking buddy. Ideally, they could both meet half way, but MY experience and my OBSERVED experience is that the custodial parent, whether mother or father, tends to abuse the non-custodial parent because you know you can get away with it by having that upper hand. Again, a holiday weekend, so, she is in line right now, waiting for the court building to open & see what can be done. How do I terminate the co guardianship? Any help you could pass along would be appreciated. Schooling in the courts will always become before parenting time with any judge and being a para in the schools myself I know for a fact pre school is very important. Anyways it I have a lawyer filing contempt order but he is dragging his feet and hasnt returned my call. I have done everything I can to keep things civil between my ex wife and I, Ive helped her w buying clothes for our daughter when she couldnt afford to buy them..I am doing everything I ca n to stay civil w her but her boyfriend or fiance or whatever he may be to her complicated things Easter Sunday upon meeting me at a local truck stop topick our daughter up! When she did not follow the order of the detective I signed an affidavitt an a felony warrant for her arrest was taken out. My older sister lives there as well and spoils my daughter and encourages her to babysit my elderly father while she goes out with friends and on trips. In cases where these disruptions are severe, such as kidnapping, there can be serious legal consequences. Am I correct? Mother told his son over the phone just to go back to the States when he is already 18 years old. This is when I was awaken and became proactive after winning my rights back she fled to South Carolina the mother state where the judge refused to recognize UCCJEA law and told me he wore big boy pants didnt need to call another judge after I flew 2000 miles with custody paperwork next I reported her missing worked with local detectives and da to get my daughter and the national list of missing children and a warrant for moms arrest and though she remains a fugitive after 3. Summers and vacations when me and her werent fighting he would come and stay with me. He finally let me start talking to my daughter over the phone after 7 months of no contact at all. there is no court appointed custody. File a motion to modify the parenting plan. I have legally no less than the Yavapai i have not tried to fight I want her to see him but not at the cost of her coming home dirty and sick. the state took this young man away from his mother. Truly, My ex can make the exact claim as you that I havent seen them in months and the kids dont want to go with me. Story short forgetabout it. Dont bring him back. Get full custody? In Connecticut, a person commits custodial interference in the second degree by (1) taking or enticing a child who is a relative and under age 16 from his or her lawful custodian with intent to hold the child permanently or for a protracted period when the . Janice. YOU MORON! To keep down confusion? Then with that, better opportunities in jobs cannot be taken due to geographical restrictions joint custody and geographical restrictions go hand in hand it seems great only if the other parent will do what it required so it comes down to it seems the custodial parent is at the mercy of the non-custodial due to the order how and can it be changed so you see, even when the best interests of the children are set in motion, one parent can truly mess it up. 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