If she were to have any type of contact with me she would get in trouble for it. I hope this helps and keep us in the loop. Let me see if I understand. Their mother has been charged with neglect and abuse and tested positive for drugs. So me and my wife are legally seperated since 6/11 she is pregnant since 7/11 with a man whou has assaulted her broken her wrist and threatened me via text from her phne we were in diff states so the police did not follow up on the harrasment. You can file a contempt and if he is found in willful contempt, he could go to jail. And Legal Aide will not help us. She will be 16 in nov. can she just come live with me? It only took a month or so of being on Her mother has mental issues, has taken drugs and steals and lives with her mother and dad who are not reputable people. So, its good you asked rather than just doing it even though you say respectfully deny you would have been in Contempt. IF they cant do anything why do we have a decree? That was 2 years ago. Court gave her limited supervised visitations and in those visits she would abuse him on several accounts, and disappear from visits and I even search and looked for her when she disappeared. Whats going to happen and what should I do? On our side, we have a large, nice home and he has his own bedroom AND his own bathroom, and all of the toys/clothes/learning books he needs. Make the pick up and drop up place at the police station in your local town.go inside where everything is recoded do all exchanges there inside the building and dont leave until the father is gone tart way he can not fight with you or accuse you of anything and all things are recorded this will benefit you if there should ever be problems. and then the summer came. Just remember always our actions reflect on our children and they did not choose to be born in to fighting parents they just want both of you to love them. I was granted visitation with my kids every weekend, Saturday 4pm to Sunday at 6, and split holidays. He filed a motion to find her in contempt, but the motion was denied stating that in his divorce decree it states that no motions can be heard in family court without first going through conciliation. It goes the best when both parents do what that say and agree to do. The police told me they cannot force her to get on the bus. What should I do? NOW,If there is a drug habit involved, is he under orders for frequent drug testing to make sure he doesnt fall back into that lifestyle while he has the child? I havent received one phone call since court about my ex seeing his children. They took the cell phone from him as they were leaving my driveway it has been off since. can that non custodial parent file a suit against the custodial parent for causing emotional distress? Car is in his name, I have temp custody and use of car. Being that NC and my 16 y/o are in Florida and I am on the west coast, what type of action do I need to take? in most states it depends on the custody laws of the state and age of the child. paper work but Im not the bad guy. Perhaps also put in the letter some verbiage that non-objection to this request is consider consent. You know you will have your childs father where you are. i agree!! What are my options?? New Jersey law stinks. However, neither one of us live in Texas anymore and she still withholds visitation. But Im out of work. I am not an attorney. I can tell you the police will not enforce court ordered visitation UNLESS they are ordered by the court. Section 39-13-306 - Custodial interference (a) It is the offense of custodial interference for a natural or adoptive parent, step-parent, grandparent, brother, sister, aunt, uncle, niece, or nephew of a child younger than eighteen (18) years of age to: (1) Remove the child from this state knowing that the removal violates a child custody determination as defined in 36-6-205, the rightful . Legal Help. to all problem. I have been going throught this evil control power trip for well over 5 years.. My son wants to get his attorney general papers changed,he has two daughters by same girlthey were never marrieddid live together a whileshe is trying to move out of state with a boyfriend my son wants to file papers with the court on his ownno lawyer my son gets his kids on his weekends and any time she ask him to .he loves his daughters and is devastated she is trying to take them to another state last year for his month of July she told him she was moving with her sister to another state 16 hours away.left 2 days before july,came back day after july ended.should he get a lawyer or could he get court order changed to she cant move out of state filing his own papers ? So I guess my question is this: Even though the judge granted joint physical and joint legal custody to both parents would the original marital settlement aggreement as far as visitation times still be what they abide by? Its recommended to seek legal help when the other parent causes invalid interference. their day at school went. The Legal Consequences of Custodial Interference. Gotta love a combative and irrational parent. You are very selfish and I dont feel sorry for you and like childrens services told you do the right thing and if not like my daughters mother you dont deserve to be in your childrens life its about the kids not you. If you have a court order of visitation the state has their laws which this abides by. The fact of the matter is WHY IS FAMILY COURT NOT HOLDING MOM ACCOUNTABLE FOR NOT GETTING MY CHILD TO SCHOOL ( a blatant violation of her civil right to an education)? Document everything. Now I cannot say that a judge will automatically give the primary custodial rights over to you but a judge will look adversely against her and your chances are much better until she fits for custody back after cleaning up her act. When I left him originally it was due to abuse, I had an OP and he filed for divorce. also he has sent threatening letters by mail and threatened me over the phone, his family is crazy and they have no respect for me or my child,i am a good mother and have taken care of my child since day 1.what do you suggest and in alabama what are the factors that are considered when it comes down to visitation rights with the noncustodial parent? Since then he has seen the Va. for meds because he gets seizures ever since they did a biopsy in the side of his head which caused his seizures and migraines. Contemp papers were filed, he was held in contempt and so was his wife. Good luck. Your next course of action is to file an emergency immediate return of the minor children. I totally agree about this father rights thing. If there is an established Court Order for you to visit your child then your x may be in Contemp. The first question- Does a 14 year old have the right to make visitation decisions and refuse? This is a big misconception made by those who have never had to deal with this first handed and will tell you yes. The child is a boy, and his dad is his hero. I am the non-custodial parent of 4 minor children. My daughter has two children and at this time resides with the legal Father, and he is listed on the birth certificate. I know this is a couple months later, but I thought Id chime in, anyway. Forward to today. Its always threats and that it would be better for her son to live with her and her boyfriend. Incorrect. Can i file abandonment on him for leaving a 7 yr olfd in texas and her mom is in jail for kidnapping her. I have forbidden this but she left with him anyway. I live in WA ( where they were cited for ^^^^^^^^). ***YOU CAN DO IT!!!! This is not about you or him but about your children. This, too, is an interference with custody rights. No, the D.A. I have my kids full time but its joint custody. 2) The mother typically will have an advantage over a father as long as she is found fit and does not screw up by thwarting a court order or creating a crime. I refused and he has tortured and harraised me ever since.. please someone help me!!!! WHERE DID MY MONEY GO??? My 16 year old has rarely spent time with the NC (non custodial) father. You will need to look up and familiarize yourself with the Florida Statutes Section 61 in particular (this is something for everyone to look up your state statutes and familiarizer yourself with the laws of your state with respects to child custody). #1 is a big issue for him. my 9 y.o had scaring in the rectum. Dont let them scare you off with threats, you already gave him up for adoption, dont give up on him in any other way if at all possible. He has also commited a criminal act called CUSTODIAL INTERFERENCE!!!! According to T.C. So a case against you may be presented and the FBI will look for you and lock you up for that, take away any real chance of ever having custody ever again, and your done so be careful of that. I want to give them the summer together, but not if it will cost me my son. therefore, im not even certain he could obtain contempt of court against you in PA. does he pay child support? My next step is two-fold, contact the local news stations and petition the schoold district and (if need be Washington) for a violation of the 2001 No Chiold Left Behind Act. Long story short now that Ive got some extensive therapy and If we didnt have justifiable reason to ask for full custody, we wouldnt be. Usually, when the mother refuses to participate in developing healthy and positive co-parenting techniques. More importantly, even if the non-custodial parent wasnt paying anything- the non-custodial parent still has equal access to his/her child! We went to court for four years over and over again before she finally showed up. Both parents have the right to maintain a healthy and close relationship with their kids. after he was found she gave him up after a long court fight, i have been told that i can go to prison for this, do you have any advise for me and can i win this? Court pending later this month. She has called social services on me 8 times when i let her have visitation and its time for ne to pick them up they start crying saying they hate me i ask them why they say it they tell me Grandma tells me too! THE USA LAW IS A FRAUD. If women truly understand what is best for the child they would grasp the concept that a child needs a father involved in their life for the childs well being. Please keep in mind, IF YOU GIVE UP THE FIGHT, YOU GIVE UP THE CHILDS WELFARE AS WELL! My son had been staying up unil 3 in the morning texting, on facebook, on twitter, skype, etc. Changes to a court ordered or court approved custody arrangement are sometimes okay if mutually agreed upon. All i want in the world is to see my son even if for a minute but she wont allow it. He has the supervisied visits because of drugs,alcohol abuse and the domestic felony assault that put his other child at risk..the baby almost died and wasnt even born yet! Support was set at a ridiculous amount and I was refused modifications because I refused to let the father view my personal health records. Grandaughter is 16. We are really worried but dont know what to do and its the long Easter weekend. Janice. Word to the wise. Its one struggle after another. We will be going to mediation early next year to hopefully resolve this issue. 15.110 - Investigating Custodial Interference. My son is 15 and the only communication regarding picking up and dropping off goes through my son. You should consult with the child protective services in agency in Washington. What and how should I handle the open complaint of interference of visitation in my old state? It will take some time to fill out al lthe paperwork and get the judge to sign it. Each time the children were returned to the non custodial parent! My husband and his ex wife have joint custody of their two boys 7 & 12. It was planned for me to coe get my son and i went and got him and now his mother is trying to have me arrested for child interference when this was the plan the whole time. Then we went back to court last year and I got to have him for standard visitation where I get him every other weekend and some holidays. He he was back with the mother of his children and the way he was then I would never of helped him come up with the money to file for custody and he knows that. turn badly but my Aunty told me about this spell caster who also helped Unfortunately, a situation arose which changed circumstances, and I decided to remain. We are very exausted , we are doing as parent and the court system always seems to be in her favor . This federal law states that once a state holds initial or excessive jurisdiction no other state can interfere with a judgement on the case unless one of two things happen. My ex husband got sole legal physical custody of my 6 and 4 year old. I dont have money for a lawyed but would like a modification of existing order due to parental alienation and abstructing a parents rightful child custody. In the end what am I showing my kids by being nit picky? BTW, she found her SS# from an old document. I figure Im just gonna have to get her for contempt however now Im not sure what I can do. Now she refuses to bring her back. In the divorce my husbands ex wanted them to put in the divorce that he would never contact her or anyone in her family ever again. If the domicilary parent sends a sibling to get the kids on the non domicilarys visitation day can that sibling be charged with interference? Check the laws out you go dad fight for you kids their worth every penny. THAT IS CONTEMPT OF COURT and possibly INTERFERENCE WITH CUSTODY which is a criminal charge! I have tried to serve my sons father papers, but whenever theyre about to be served to him he moves to a different location, so then I have to turn around and start all over trying to find him. Now, they cannot enforce our agreement since it is not a court order but in NJ I do have the same legal right as parent as mother at least until a court order states otherwise. We have not filed any abandonment charges on him. I have heard from his mom he does not intend on returning my son this weekend, and he will not return my phone calls. If they keep interfering/postponing your visitation because they are unavailable and they set up the days & times, it seems you would have a valid complaint and be able to get another appointed person for the visitation. Whoever, being a relative of a child less than eighteen years old, without lawful authority, holds or intends to hold such a child permanently or for a protracted period, or takes or entices such a child from his lawful custodian, or takes or entices from lawful custody any incompetent person or other person . In the family court system child support and visitation are 2 SEPERATE issues. He knew about the move, had no problem with itnever made any attempt to see children except for one time that I drove them all the way to NYS and all the way back to SC so that he could have them for a week. Get off your high horse. The 13 yo now is trying to follow in her footsteps, refusing to answer his calls and will not come out of the house when my husband comes to get him. Official websites use .mass.gov. (I have offered to meet him in VA several times but he said he couldnt get away for it.) Aurelia Marie Spears S.S.N. As I am in Florida as well I have had to learn the laws here in depth. My neighbor has a 4-month old baby and was living with the babys father until a couple of weeks ago. FIRST time the police have ever done anything to enforce an Order!!! Court pending later this month. If what you say is true and you consider her a gift, then calm down and dont make her pay for your mistakes any further than she already has to, according to you, because of who you choose her father to be. I know you probably heard that other places and are repeating it, but its disgusting and it makes women sound like whores and idiots, because they are calling themselves sperm banks when they say that men/fathers are just sperm donors. Custodial Interference Explained. I went to the school to pick them up for our Labor Dayu drive to my folks (5 hours away ) and find out he had picked them up YESTERDAY (he had them from yesterday from my house from school) and took them to MINNESOTA!!!! Never got the opportunity to get deployed because he got suck from immunizations . Due to the only phone in the house being his cell phone, (she had a phone but he got rid of it to save money) the only way for me to even talk to her is to call his phone on the weekend, and request him to hand his phone to her. His father and I have a parenting plan in place. It would be better if you stay calm and show your daughter how a man who loves her acts. arrest, drugs, etc. No Judge believes children dont want to talk to their parents, so you have an advantage that the situation appears as contempt and nothing fair or logical or in the best interest of the children. If anything like that happens, you file an emergency petition and get her out of there! If you did not do so in AZ its okay because once you show residency in Illinois (power bill, address etc) you can do so in that county. he can file a motion for contempt and say you refused him visitation but it is not reasonable for him to expect you to turn over your child to a stranger to be taken out of state. Take it all with you to court showing you have evidence that you are not able to see your child because of the other parent. I reminded him Id be there on friday the 6th. Is there any possible way the wording will effect the order? This question wasnt answered The question was a CUSTODIAL parent why does everyone jump on non-custodial parents. You could modify the visitation orders to require grandparent to provide transportation due to distance of move which interferes with your seeing your son. In the state of michigan that is???? She just had her 2nd birthday and he refused me my two visit with her too. Friday the 6th comes around i pack my car and other 2 children up to go pick up my son, and i have a voicemail from my exs attoney saying that my ex was awarded emergency custody due to endangerment of alcoholism. why wont they leave her alone? We have since moved to WV. Your son talking to you on the phone, even if hes been adopted, is not interference with custody. (?) Can I now go for full custody? Have you bothered to talk to the other parent to find why the child had been grounded in the first place? Jurisdiction Spent 12 years in FL. I dont know all the details of the case where I am sure that there is much more. If the Court Order states that is the visitation and she interferes, it is contempt or interference with custody, according to the law, but check your state laws or with an attorney. My ex~ husband did not take a court ordered hair follical drug test, but yet he was still allowed to have visitation, even though his live in girlfriend got nailed with having a needle and a spoon, but since on the court records it has a different address than his, there was noting I could do, unless I was able to prove that she is living with him.Then, I got wind that he attempted to steal an air conditioner (yes, you read that right lol) from Wal mart, and then the very next day he went back to try to steal ten DVDS.Still I couldnt do anything legallyI got sick of thisI played by the courts gameI did everything I was told to do, and his contempt for Not taking the drug test was going unpunishedso I refused to let our son go. and that we are not a happy family. Comment #2 is irrelevant as a judge wont care that your house went into foreclosure. If the judge denied all these can I have a good cause to keep her??!! She wanted him at her house on the Friday which is impossible since he has school and my husband work and still she doesent care she would still want him there on the Fridays since the court order state Fridays or Saturday morning. That is the bottom line as it will be difficult to get the baby back without a court order or DCF/Police jumping in. My ex husband has instructed his daycare provider to not provide me with information regarding my childrens care including dates and times they are in care. 06-2013 it took everything in me to forgive the possibility of David molesting Caleb, We have gone to court and due to her behavior have been granted 7 weeks instead of 5. His wife sued for divorce at the time of his incarceration, and was granted joint conservatorship as primary custodial parent, with my stepson as non-custodial parent. So with that said your ex is doing the right thing. I am constantly monitored and they refuse to tell me why my child is going to a psychatrist. I have proof and it doesnt matter. If the Court ordered the father to monitor the supervised visitation they had a reason and you have to trust that and obey the law. He drafted the paperwork & had an attorney put his name on the paperwork. I moved hrrenin april and the kids and him came at the end of may. So I bought the tickets. Why do you not have a domestic violence restraining order? I need some advice if this is enough evidence to gain custody of the child. If this situation was reversed my husband would be in jail the minute he was found, I am a father I have a13 year old daughter, your civil rights have been taking away from us most of all your GOD giving rightts have been taking away because of mothers games and the judge being bias.The mother has used my identity to get in my bank account in my verizon account.shes getting away with it. Many school districts have jobs for paras and for para subs even being a sub gets your foot in the door. Fortunately the state of Texas is one of the best when it comes to custody and family matters. apparently he just left the city last night went to houstan, and is on his way to his aunties house in Mississippi. We now live in Arkansas. We requested visitation for four years with one lawyer and for another three year with another lawyer. Grandparents have absolutely no power in a custody matter unless the natural parents are deceasedor incompetenteven if the parents are in jail they have to have some say in the situation when it comes to adoption unless it is ordered by a judge ex parte. ABOUT FrknDisgustedBrlngtn`s opinion. information about caregivers and guardians, Complaint to Establish Paternity (CJD 106), Affidavit of Care and Custody (OCAJ-1 TRC IV), Complaint for Support-Custody-Parenting Time (CJD 109), Request an immediate child custody or parenting time order, Filing Financial Statements in the Courts, Motion to Waive Attendance at a Parent Education Program (CJD 444), Request for Limited Issues Settlement Conference (CJD 114), Support, custody, parenting time, separate support, or paternity filing fee, Filing for child custody or parenting time in Massachusetts. i have suffered, now i know im not alone Best of luck! I have a court signed divorce settlement between my exwife and I. How far does each individual live from the other? When they grow up they will find out who loved them and who fought for them. Son is 14, quit taking his meds, and I dont want to be in violation of law..I have primary physical custody. She filed an order to comply. The dcf worker has to wait on the doctor to release there opinion on if ahe was medically neglected. Yes, you are acting concerned, but is 7 hours without acid reflex medicine, if it were true, going to harm the child? What can I do?! My youngest boy cries when mentioning mom. Do not include the child on the OP if there has been no violence towards the child though.. that will just look like your abusing the system.. best thing though is to get a lawyer at this point. He only gets the kids 6 weeks in the summer and every other Xmas. She knew I was trying to get her for contempt of the visitation so she has been hiding. It should give the details of the occurrences of interference and include . Dont let him interfere with your morning and bedtime routines. You should talk to a lawyer if you have questions about whether Massachusetts is the right state to file your case. As I have no idea when and if she might actually do this, if anyone can help answer this question, I need help as soon as possible, do anyone who know to write a letter to the judge to ask for joint custody. My 15 year-old daughters facebook posts strongly suggest my ex and my daughter were smoking marijuana together and the photos do show my daughter smoking marijuana as well as showing freshly rolled joints. YES YOU WOULD.In the judges eyes it would be mean to both the mother and the child to do that. My cousin is not a U.S. citizen and his ex wife is a U.S. citizen. My husband and his ex-wife have Shared Legal custody in the state of Florida. before responding to any questions we ask the kids even if its about how His father returned from whereever he was at claiming custodial interference. The child is no longer in the fathers physical home, has been moved to his parents residence/care. Leaving Massachusetts: family law advocacy for low and moderate income litigants, 3d ed. It is very possible that he never wanted you to move so far away and it sounds like he was in the military at the time and really could not say or do much about it because of his military commitment. The NCPs Dad was almost killed half a year ago due to one of these horses. The father prevented his own parenting time, by not texting, according to the order.
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