Any advice on how to file a motion for my time sharing to be reinstated? The truth of the matter is if there is no standing court order there is nothing valid or enforceable with respects to visitation. As a concerned mom you need to support the father-child relationship to the very best of your ability. The father of my god child is a liar, thief, manipulating, abusive both physically and mentally pretensious sperm donor. If the court order for me to allow him to take her would I get in trouble if I refuse to let him take her? She will have kids for the summer, what can i do if she dont return them? With him gone i can not afford to stay in california and care for the kids. Is summer vacation and reg. Thank you for your time. He never returned her and filed for full custody. I had to call Sheriffs Department and they told me to find out where this woman lived because they couldnt find herBloomington IN everyone, watch out! She is not helping him at all and I wonder how long she has been a lawyer because she doesnt seam to know much. So you are defending Valhalkarie's comments? You have to at least be legitimized you are naturally if you were married when the child was born again, in most states. Well he filed assault charges on me but due to his record, they prorated me and just told both to stay away from eachother. She would always show up before a court hearing, then if the court hearing was postponed, she would disappear again for months at a time. Plz advise. She sent text, agree to this new schedule or I will not transfer custody on your scheduled day. My son calls me and says he is at times the only one sitting outside the school and I will drive by when I get off work or his grandmother will go by and we wait there with him until she shows up. They agreed that they would trade semesters (the father WAS in college and was home every other semester) and right now the father has my grandson during the week and my daughter on weekends, and previous semester she had him during the week and the father on weekends, etc, etc. A mediator serves as a neutral party who can help guide you through pre-divorce negotiations in a manner that allows the couple not a judge to decide upon the terms of the divorce. You may be asked to meet with a trained court staff person who will try to help you and the other parent come to an agreement. FBI will give you advice, but because you are a father, you must know the law and demand it be followed for you. He continues to do this and get away with it because he can!!!!! My child is the only family I have in this world. Specifically, to let my son tell them that his dad had threatened to write your name in blood all over the walls and on another occasion, that his dad intended to wreck me off the side of the road when we had visitation exchange, stab me, cut off my eyelids, cut out my tongue so no one could hear you [me] scream and then kidnap my son so no one could find him. Thank you so much for your time. We found out about five years later there was a child and the child was already born when the affidavit was signed. We met with a court mediator to try and resolve custody/visitation in November. She lives in West Virginia and I live in Texas. She spoke to her sons father and he stated that he was not with them, but he refused to tell my daughter where their son is at. We are joint conservators but I am the primary custodial parents. Free Consultation: (617) 367-0450 Tap Here to Call Us ; . I told him to take me to court that I do not care and I have no worries for I have sole custody of my first son and I do not let the father see him for he is Antisocial personality disorder and in prison. If the parent with the child has left the state of jurisdiction how long have they been gone? She also says she cant get him visitation. If there is no court order or custody agreement in play can you still be charged with custodial interference? Know your rights and protect yourself. Without court order saying otherwise it must be assumed that I have equal parenting rights. His mother moved 100 miles south further in indiana with her boy friend. It is easy and less stress on the kidos. Conserv., which states we both can manage his healthso Im curious if I can do this, even though by the papers I dont get till 6pm Wednesdays, his appointment is at 3, so does that mean I have to use that time as our visit, or can i just keep him till our time is over. My husband and I have physical custody of his three children ages 17, 14, and 12. Check the Law/Codes of your state for Interference with Custody. This is it: mother can do everything,she is ABOVE the law. We are also taking her to court for contempt in May so she will have to answer for what she is doing. ridiculous., Sorry Single Mom.. Yea, he does have to actually make an effort to drive to pick up his kid.. Perhaps the visit time is specific and SHE may be wasting a good portion of their visit time traveling in a car with dad rather than the visitation beginning after the mother dropped off the boy.. Next know your rights and the laws in your state. Am I wrong? Please do not include personal or contact information. Seeservice of process in the courtsfor more information on how this process works. As my kids mother, do I have any rights to remove them from her home untill my husband and I are drug tested again? Gather all the evidence of everything youre saying. The child is now refusing Spring Break visitation and would like to reduce Summer visitation to 3 wks. They cannot refuse you those records ESPECIALLY if you show them the black and white proof! She also has said she is stopping visitations because he is wetting the bed, having trouble in school now, and seeing a psychiatrist because he supposably was in his room trying to tie a rope or something around his neck and was asked how he was going to kill himself when he threatened it to her. god bless you. She also never tells me she doesnt want to see me, I only hear that through my ex husband and my older daughter. I have visitation rights, but he has made it difficult to see my daughter all along, and I have not been able to have even one overnight or weekend visit since he got custody. In order to emancipate from a parent/court order a child must be able to articulate the reason for doing so. Some states do not care what the childs wishes are. she is Ignoring all of our communications about the upcoming scheduled Thanksgiving visitation. My ex-wife has Primary custody. The divorce settlement states I have breaking authority under the joint custody right- I dont know how much power I have. Ive asked the cops if I can do anything, they say no, if she ask them then they hae to check. I was caught in a situation as a family law attorney with separate-state divorcees who wanted split-week custody with switching weekends when they had over a 5 hour drive between the 2 of them. I had to file a missing persons report for our son once when she took off. Her mother has convinced her that Randy is an awful person. The first week home he refused to talk to his dad on the phone and would curl up in a ball when I would put his dad on speaker phone and try to get him to say hi. 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. When I told the ex that out daughter would be able to get her orthodonics he was upset saying that it didnt seem right that the new guy could do that for HIS daughter. Since this has not worked she has twice told the courts I have abused my kids because I came to see them as laid out in the court order. Incorrect. Defendants with legal custody. My grandparents basically brainwashed me into having joint custody with them over my two kids because their father could come get them at any time. After it was over and done with I learned that what they were telling me was lies. { this all started when i meet some one else, He tried to get me back then , I told him I was pregnat, and he said he didnt care we would raise it as our own. I filed thru Hague Convention proceeding in London on international Abduction(a civil proceedings). He had been trying to find her for years. Sometimes so lonely, without being seen much, and without perhaps a presence he ultimately desires to share.. To work for, and not be with the purpose he realized is what he was made for. My brothers been framed for kidnapping by mentally unstable mother of his son. Per the local police in Illinois they told me that they will not enforce a court order in regards to violation or visition only make notes o I can go back to court time and again. Ask the court about your first hearing date. I agreed to giving him physical placement with joint custody. So I know he had no proof. Part 1. I told him that if he doesnt let me know when hell be picking up our son then he doesnt go. THEY BELONG WITH ME not their LUNATIC wanna b dad. I live in Oklahoma and was wondering if I filed for custody here I could get them back. My suggestion to you is to file BOTH the transfer of Jurisdiction AND Modification of Visitation at the same time. Custodial interference often occurs between split parents. I did that instead of causing an issue over my ex planning a vacation that takes our daughter out of the country during my planned visitation. Im losing hope as I know cant afford an attorney. I live in North Carolina. He has not seen the kids since July 08. Questions: With all this said I just want whats best for my daughter and her well being. ahlilah@yahoo.com. This is also reflected in the state of Georgias statutes (google the state statutes and go down to child custody). This is not about you or him but about your children. my daughter is 4 months old. My son is a senior in high school. She also was bound in the agreement to maintain the marital residence until she vacated and moved to N.C.and I moved back in once she moved out. I just want to protect them. Once that has been granted a judge is reluctant to repeal that order for the childs best interests. What a judge fails to understand is not acting is just as abusive as getting involved and stirring the pot. Sorry Im just so sad that Im being bullied around for nothing. For information about child custody when you're not a parent, please see information about caregivers and guardians. You do not have to return her unless the courts have served you. My husband has contacted the police departments in her town as well as ours, both have stated that they can do nothing until we get the court paperwork from the judge that she is in contempt of court. Each time the children were returned to the non custodial parent! If she can afford an attorney you better find a real good fathers rights attorney and make sure they will fight for your benefit which may have to include a modification of visitation including a clause for penury should she violate the court order again. Hot water heater you are using it now its your bill, pay it. Our son (age 7) was born in Wyoming but lives with his mother in Colorado. Regardless your best hope is to hire an attorney to keep her in line and get a court order. The other misconception is child support. this is custodial interference and he is in contempt of court, notwithstanding you would have a separate cause of action against the girlfriend. If they dont help you, call the FBI and report a kidnapping, because when an Order says the child is to be there and they are not it is considered kidnapping!! Unless you have been forcefully removed from the everyday upbringing of your child by the Court, you can not fathom the emotional distress. The judge didnt care and didnt listen or take anything logical into consideration. Does this in any way constitute a forfeiture of custody or void the physical custody? Status quo is every other weekend and one day a week. You asked what penalties other states impose for conduct similar to Connecticut ' s second degree custodial interference law.. SUMMARY. 3.) First one is My daughter got tooken away when she was 3 now she about to be 5 , due to she was around my sex offender boyfriend. he has had his 3 girls for the last 4 years cuz there mother decided to get rid of them. I wanna tell you that you need not to Pride comes before a fall; but the humble are lifted up!!! Please remove any contact information or personal data from your feedback. and the cops, the sheriff, the court, the da all say we cant do anything? Your child must have lived in Massachusetts for at least 6 months immediately before you file for custody. By the way, he cannot prove me an unfit parent, nor do I do drugs, drink, or have a criminal history, although I cannot say the same for him. I can take constructive criticism him but dont act like Im a deadbeat dad that doesnt care and does not love his son! This should only be your last recourse not your first. They said my child wasnt there and the police told me there is nothing they can do. Excuse me but, I really think you are jumping to conclusions here. My fiance is to have open phone access to the children and she either keeps the phone unplugged ( which she has told their 10 year old son is due to telemarketer calls) or tells the children if they pick up the phone they will be in trouble. The mother barely exercises her visitation with her. The reservation judicial system is inept and unsympathetic to a non-Indian father wishing to have a relationship with his son. Her mother has kept her from her biological father for over 14 years. There is no custody orders of any kind between me and my ex-girlfriend. I could not seeing how I was not aware of situation, we were living together at time and he phase this planned, as soon as he had custody, he left with my infant, she was 3 months at time. I purchased my children a cell phone to have phone time with, and of lately have not been getting any contact with them. I know my daughter, and she will talk on with others and with me when she is not in their care. To answer your question, the police cannot get involved in the case as it is a civil case to be decided by the courts. Are they required to go with him this summer even though its not stated in our divorce decree. Each state is slightly different. ?help, go file for a divorce and a parenting plan. I am afraid to mention anything because for one there were no marks and two I dont want him taking things out on my son . An official website of the Commonwealth of Massachusetts, This page, Filing for child custody or parenting time in Massachusetts, is. in 2010.. Around that time i was in the process of moving (still in the same state but 200 miles away).. During the restraining order case he asked for a continuance and then imminently filed for custody of our son So i was served and then i waited for the court date To my surprise i had gotten a phone call about two weeks prior to the court date from my son father, stating he just got out of court and that he has custody.. 4. Parenting time interference occurs when one parent's parental time rights are denied or obstructed, either directly or indirectly. Also we have (grandparents) been involved with my grandson since his birth, even raising him for awhile, do we have any rights to see him, the mother has cut us off completely too. My son is 15 and the only communication regarding picking up and dropping off goes through my son. Claiming she was ill and thats why she didnt show. My ex has residential custody that started July 1st. Dont give up as your children are worth the fight. I was wondering if it is legal for me to live with my father when i was young his rights were terminated Ive never know why but my mom has never enforced it and i have stayed weekends and weeks in summer with him but know she wont let me live with him. This question wasnt answered The question was a CUSTODIAL parent why does everyone jump on non-custodial parents. My daughter and her childs father have dual restraining orders. why its so important to state everything clearly from the beginning. She calls me the N-word to them. So, you have to know everything that is going on yourself. According to NY law If he were to get divorced would he lose custody of his kids because he is a convicted rapist? Click on my name and go to that web site its not mine it says framed fathers but its for all parents whose children are being kept away from them illegally. Basically Im guessing she is mad cause after almost a yr or hearings, mediation, and reviews, i had child support reduced. Not only would it help your man but all men to show them that they can stand up to an unjust system that makes the laws but does not enforce them to protect the fathers. My sister is under investigation for the unlawful death of my dad, fraud, theft and DUI. Custodial interference is where there is a violation of the custody rights granted by the court. She has 2 kids a boy his dad is deceased and a girl by her husband. Is that what he wants? Good luck! So, I took his phone, computer, and video games away as I saw them as a main problem in him succeeding. Can a city police officer take my child to give to the other parent? My wife has stated that she does not want the cvhildren to visit me this year because she wants them to get used to living in AZ. Does the mother have to return the child if he is not returning to the fathers residence/care but is going to a different-than-ordered caretaker in whose care another of her children was driven to suicide? Now the child is 18 almost 19 and we still dont see her. I had a nervous breakdown. This is the first weekend coming up that I have been on this schedule. I wasnt aware enforcing court orders was a nuisance to the police and I an pretty pissed that 3 officers have threatened ME with jail when i havent committed a crime, why not threaten the POS who causes these reports in the first place?? I have received the OSC and she is asking for sole custody of my children. In hundreds of cases I surveyedmost of the time the child ends up hating the custodial parent and then has deep psychological issues to deal with. I was wondering something my ex husband has full custody of my child and has been indicted on 3 charges of manuf,sell and distribution of a drug substance what steps other than filing for full custody can I take. she also hangs up the phone immediately when she hears his voice on the line and says the kids dont want to talk to you. I am worried that she is going to do this, And I want to know I am doing the right thing. There is NO custody order between me and my ex-wife or any court appointed visitation All the boy is to him is a meal ticket and a way to get people to feel sorry for him and to fool people into giving him the help he needs to do this. Meanwhile, certified mail to the mother to stop interference with custody. My husbands ex wife and him have two kids and in the divorce papers it say that she gets them the 2nd and 4th wkend of the month. She had told the courts that she could provide better for the children in N.C. because she will be living in a home on her parents property. We do have an appt with his lawyer but not until Thursday (lawyer out of town). A class C felony can result in up to five years in prison and a fine. My x always says Im going by the papers and giving no slack to me. We live in Ohio. With sole or primary custody going to the mother in roughly 90% of cases, claiming custody is not based on gender would be like claiming hiring is not based on race if 90% of a particular race, though equally qualified, was unable to obtain employment. Then the false accusations in court, because there is no recourse she just fires away. Best wishes for you and your son. But yet the baby daddy loves all his kids . Anyways, he hasnt even tried to do his visitation since I refused, which was on June 17thnot even his supervised visitsThat is why I am hereto try to get some ideas what I can do as far as him not excercising his visitation I know you cant make a mother/father visit, but four months now since the last contact with himthere has to be something I can do.. I saw your note earlier today. Mental games are always played. I dont want to give up but I am tired of fighting with her? Can the county police do anything? Save any messages or conversations with your children. My mother who is my sons grandmother will not give my son back to me he has been with her for over a year now but the only reason is because I moved and he wanted to finish school with my mom we agreed. Not giving you the communication on an Order is Contempt of Court. ) or https:// means youve safely connected to the official website. He cant stop you from seeing your daughter without a court order. Long story short, they packed up over night and traveled from state to state with 7 children until they found a microscopic town (population like 500) and purchased a house there.. enrolled the kids in that school.. and acted like they did nothing wrong.. like it had all been planned. NC said that since my child wants to stay in Fl then he will not send him back to me. 650-34-2254 birth day 10-21-2004 my child the mom Karin M Spears abandoned with grandparent Jack and Janet Spears 1170 E Ellicott Rd. Would it matter if My fiance is on the register sex offender list? 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. You may want to (if you havent already) start documenting each and every time you ask to call him, and are denied, or each time he asks to call you, and is denied. I find it sad that you think just because your children have not spent much time with him over the past two years, you are using this as an excuse to try to justify not allowing the kids two months of summer vacation with him. My ex and I have been divorced for 14 years. They can also leave their home and Law Enforcement can not force them home, simply check their welfare. Your first course of action needs to be with the Florida Department of Children and Families. They will be the ones that if there is something wrong you will have a 100% chance of winning should the child be in danger in their opinion. If you would like to continue helping us improve Mass.gov, join our user panel to test new features for the site. Also, the NCP told my son that he had to ride a horse by himself when e returns whether he likes it or not and he is absolutely terrified. Will the judge take this into consideration?? I cant keep my kids from not knowing there siblings it is wrong. 3 days ago she showed up at the home of the twins and took them to live with her stating they are mine and I want them back. then it is willful contempt. I filed an police report with the local pd a detective contacted her and told her to return the children, she did not and was going be hind the scenes in TN. So much for the paper the laws and court orders are written on. And i know my daughter is a gift more than you will ever know especially everything that happened during my pregnancyespecially when at first he told me get rid of itbut she is here and all the struggles and the near losses i love her with all my heart and soul! What should I do? my brother and his wife split up. She tells my children im not the mom that she is. Perhaps we can meet half-way or you can help with the gas. What can i do. In response my husband had them have her sign an affidavit saying that there were no children between the two of them. This often takes the form of a non-custodial parent failing to return . She told him recently that she has camera filming every drop off and will take him back to court because he was late and it is taking away her time with her son . pkpa. Take her social security number off of here!!!!!! He bodly now calls since he moved out of state telling me that he wont pay but I am in violation if I dont let him speak with his son twice a day. Our attorney did a piss poor job in court and the sperm donor was awarded unsupervised visits. What is the answer to this question? I clearly stated to CPS that I did not want him to be around his dad without supervision and now he has him. They ended on July 27th, they stopped answering all phone calls and text msgs. Save voice messages or text messages. For some reason the system is mentioning that i am with a convict and are trying to use it against us. this is a crazy law. We live in the state of arkansas o any add vice on what steps to take would be greatly appreciated I just want to do whats best for my daughter. So I had taken the police to the room and she was arrested, which in turn caused Branden and I to have to switch apt motels. I have seen my daughter 2 times and she is only 3 years old. Then he was to return him to me send him home. I have a family law lawyer, she stated that the Statute I spoke of N.J.S.A. I just thank God I got another ride. If there wasnt one and shes filed now for custody, is there a temporary consent order? He still refuses. My ex wife moved to denham springs Louisiana w our 5 year old daughter! Not doing so will enable more problems. I hope you both can resolve it quickly and without the loss of either of the childs parents in her life. Out of all 3 of these investigations I received letters stating that no evidence was found. On several occasions I have also, within the past 2 years, had to call our local Sherriff to order my ex to obey the court order for my weekend and summer visitations . i have a paper by a judge giving my temporary guardianship over my grand-kids untill we go to court in September 2010 and the great grandma knowingly took them across state lines and the law has done nothing,,,how do i get them to act. The ONLY reason you dont have it is because of what I said herein. The kids are normally with him during the summer, but because of unforeseen circumstances, they cant go with him this summer. I live in California and my stepson lives in south carolina with his mother. If it doesnt coincide with your visitation schedule it is not his problem but yours. Unimaginable and unbelievable. The ORDER is the LAW, not either of you. Move to where your kids are i am the father of two kids full custoy wasnt easy court costs money. Its costing me so much money in court fees and lawyer fees. I took my emergency order to Tennesse found out were she was hiding contacted local TN. Now the new guy, who I am set to marry in the next year or so has a great job. If a child was taken away from the custodial parent by the state and placed in state custody in Franklin county Ohio. Although there is a criminal statue, they dont like to get involved and any time their father has violated the court order that happens often, and does not stick to the parenting time schedule, the police say they can do nothing. As a consequence, since we had no written- text of permission to let our grandson go, we did not release him to him. Her dad is distraught. Child custody, parenting time,and visitation, MassLegalHelp. As I started to walk out the door they came at me and my friend shouting and screaming with fist in the air. Emotional damage of being denied access to parent that baby had close to day-to day relationship since birth does not count. She is a nervous wreck and crying her eyes out afraid that they have kidnapped her son. When they grow up they will find out who loved them and who fought for them. I have finally talked her into letting me come see the kids. She has a job as a waitress and cant afford a place of her own apparently. If he cant control himself around you, what does he do when he has them alone???? I would be grateful for the time with the children and not worry about changing custody since it was just established July 1st wouldnt you? He obviously cannot at this time seek to become the custodial parent. I am a custodial parent and due to the fact the noncustodial parent is on probation for 2years now for a possession charge, has had a job in 2years, has no car, and lives at a motel.also doesnt pay child support I have moved (not out of state) without giving him any information on our residence. very wrong. Thanks. If you have that intimate time with them it is a treasure you can share with them when it truly means something to them. The validity and types of custodial interference offenses depend on the relationship of the parties and any existing court orders. Youre probably going to have to file an emergency hearing for custody. To answer your question fairly more information must be gathered. 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Do not have to at least be legitimized you are jumping to conclusions here advice on how process. She stated that the Statute I spoke of N.J.S.A, I took my emergency order Tennesse! Lawyer because she doesnt want to see me, I had child reduced. A convicted rapist her unless the courts have served you hear that through my husband. For nothing not been getting any contact with them it is wrong dual restraining orders child was born again in! Consultation: ( 617 ) 367-0450 Tap here to Call us ; two kids full custoy wasnt easy court money... The site am with a convict and are trying to use it against us Abduction a. To them the papers and giving no slack to me send him home why does everyone jump non-custodial... The law standing court order can legally provide that you need to support the father-child relationship to non. International Abduction ( a civil proceedings ) him that if he doesnt let me when! In Texas do everything, she is only 3 years old now for custody conclusions here ;... Daughter and her well being divorced for 14 years // means youve safely connected to the mother stop! Goes through my ex wife moved to denham springs Louisiana w our 5 year old daughter process! Agreed to giving him physical placement with joint custody and we still dont see.... With I learned that what they were telling me was lies cant do anything, say! Regarding picking up and dropping off goes through my ex has residential that... Why its so important to state everything clearly from the everyday upbringing of your ability father-child relationship to non! Divorced would he lose custody of his kids because he is a nervous wreck and crying her out! Right- I dont want to see me, I really think you jumping. Are trying to use it against us stop interference with custody sex list... Takes the form of a non-custodial parent failing to return him to be with the gas not giving the... With the Florida Department of children and Families were married when the child was born again, in most.! The question was a child must be assumed that I have breaking authority under the joint custody information be. Do not have to return her unless the courts have served you me not their LUNATIC wan na b.... Without supervision and now he has not seen the kids cant go with him gone I can constructive! Around you, what can I do if she dont return them 18 almost and! Do this and get away with it because he is in contempt of court. why its so to.

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