Most custody and parenting time disputes are resolved by an agreement between the parents. If this is not done and a default judgement is issued you must FIRST file a case under violation of civil procedure where that case was heard. CPS has an active case with the mothers family and basically said there was no cause for them to pull the kids from her house. and during their visitation time they are responsible (unless otherwise noted on your court order) to take the child to school or pick them up. There are many parts and pieces to your case as I have studied this in depth as I too have had to go through the exact same process. My ex and I were ordered into mediation wherein he was allowed to come to my sons extracurricular activities and call my son on the phone whenever he felt like it. There is NO WAY you will get traction on this but without an attorney. Here is my advise. My questions: Whats happening now that they found the child? My daughter is 14 and she lives with her grandparents. He was not released until10:30pm. husband standing over us an the kids always has to get her permission Now my husband has been caring for them on weekends that I have to work, and 1-2 days during the week when I have to work late. Not to mention my poor mom, she is harassed and stalked by my ex and his entire family. Leaving the kids with his mom when he is at work is not going to be seen as an issue by the courts unless she is abusive or neglectful. I have an Ex just like her She is correct that you need to get things in writing, but seeing it already is in writing he really doesnt need to bend to you whims/requests. I would also ask the police where your Mom lives what they would do. Please understand that the court is required to make determination of who the Custodial Parent and Non-Custodial Parent is. 2451. 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. Required fields are marked *, Copyright 2007-2013 MyFamilyLaw. She moves 4 hours away (one way). Custodial interference often happens as part of a larger custody dispute. We also have a Right of first refusal should the other parent be unavailable for 4 hours or more. IF a judge will hear this case you need to understand that there ate many reprocussions both of your parents WILL have to deal with. Kids dont expect us to be perfect, they just need to know its not their fault when we fail to do as they wish we had. I have sole custody of my son since he was 6 months old, which has no geographical location restrictions, who was abandoned twice by his mother, then she returned months later as he was still a infant, homeless in his life. He is not considering what is best for her. A solid pick-up order or Habeas Corpus for the child's recovery is very important, especially when the child is believed to be outside the jurisdiction. He even told me that the opposing attorney, the judge, and even he thought I was crazy! I reminded him Id be there on friday the 6th. abandonment? We have joint custody and I only am allowed 10 hours per week supervised visitation until I finish my anger management. there is this man I know who is married with 2 kids. My husband and I are in a battle with my step sons mother. Married, 4yr old son and baby on the way, Im a military man. I am really stressed about it, all i want is to marry the good hearted, loving and loyal man i fell in love with yrs ago I just want to have my family together. in u live in tn. Her mother makes up lies in writing to me about her concerns of the childs well being when she is with me even though its all lies and there is no proofmediation in the passed has taken us nowhere. I have a stable home and stable job have gotten married and my wife has a 3 year old daughter that she shares custody with her father as well. If this is not possible then your recourse is court. He obviously cannot at this time seek to become the custodial parent. I may have fucked up a lot of things in my life but that little girl is the only thing I have done right and I hardly get to see her. She has manipulated the court system w/ lies and at the present time my friend is in custody, but on work release, until he catches up on his child support. (Mass. There is a court order for visitation but no specified times. 6.4 (b) To inspect and receive governmental agency and law enforcement records concerning the children And the father matters and has irreplaceable value? document everything keep a notebook with dates times and then file contempt charges if he keeps it up he will end up losing visitation and yes you might have to force the police with the child that is not his. Thank you, that is helpful. We got a divorce a year ago and the stunts she has pulled are callus and careless. I moved to a nearby city with my daughter while I had sole physical custody of her and the restraining order was in effect. He was ordered to pay child support and has done nothing but complain about that. Did you give reasonable notice that you wanted to change this Agreement? She has 2 kids a boy his dad is deceased and a girl by her husband. WTF!!!! Custodial interference under subdivision (a)(5) is a Class C misdemeanor. law inforcement said I had to wait to days, then get a court order from a judge, and I the psyical custodian. I have asked for his counselors phone number (so I can find out if she did say I shouldnt come around and why) but he hasnt responded to my request. Angels Dad is 100% right! That could happen to any parent. What will happen in my case could you please help me with my questions. One way to prevent custodial interference is to use the contempt powers of court. 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. Thats why you have a Court Order its the COURTs ORDER and the Contempt is against the Court. 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 went to the police with my divorce decree and they filled out a report and told me to be on my way. For example, protecting your kid from violence from your ex-spouse, using violence to stop various forms of violence, and more. I hope not as the judge is partial to a mothers behalf. Can you show that you no longer have contact with your son? < 3 And a major perk of this great new job is travel, I have a chance to take my daughter to Hawaii this summer and maybe to China and who knows where else. If you hold visits from her father, he can file contempt against you and the court will grant him make-up visits for parenting time lost. at all. http://www.njleg.state.nj.us/2012/Bills/S2000/1607_I1.PDF. Is absurd. looked thru the windows and he had packed everything up and disappeared with my I, in all good conscience, cannot force my daughter to return to Florida anymore. This is a very hard area to give advise in as I am sure both of your parents love you. If you are like me you fight from the home state where you are from and where jurisdiction is filing 2 motions; Emergency Return of a Minor Child and Motion of Contempt (each state may call these a little different). The mistakes parents make is that they start thinking about how to WIN THEIR WAY thats the approach that will harm you and your child. out of state or out of the country). I have been living apart from my husband for 9 months now. As the non-custodial parent, if I send my child back to the custodial parent when I know for certain that my child is being exposed to marijuana by not just the custodial parent but siblings as well, am I just as guilty? I have proof and it doesnt matter. I need to see my son and the brothes and sisters from a previous marrieges that live with me cant see them too. AND GO GET THE KID. Also the child also was suppose to spend 2 weeks with the noncustodial parent in the summer but didnt due to the fact the child got in trouble with the law under the supervision of the custodial parent and was on probation. The couple must decide themselves in writing how all assets will be divided, who the child will live with, how co-parenting and visitation will work in the event the two decide not to renew their marriage when it expires. gone. How long will he be in jail? and then all this last week hes like can I have our son early? How can I deliver six kids for visitation when i have no car? Again, a holiday weekend, so, she is in line right now, waiting for the court building to open & see what can be done. I am very worried as the kids told my husband that she is getting a new house. So the detectives contacted me and told me the D.A. Why are most women so illogical, bitter and unsensible when it comes to what is best for the child. The dad allowed the mom to keep baby for last 4 nights but now wants her back. This applies where the parent is found to have violated the terms of the . how can I get my son back? I had to get another attorney that turned out to be a complete A-hole and was incompetent as can be. Because I am concerned, can I tell my exhusband the kids will not be going over there this weekend? The clerk might have a form available to help you draft the motion. Shame on 31 up-votes.. Shame.. And so then the father must be lazy, and ridiculous to have an issue with the woman violating a court order to drive the boy to drop off to his father? Your best way to fight this is with an attorney as a judge wont even hear it as he may think it to be frivolous. HELP ME PLEASE!?! If you have an agreement as established in your parenting plan to call at a set time, say like 9:00PM just before bed and that is interfered with that too is parental alienation. Make sure you obtain copies of the reports from both departments. wont be picking up the case because its a civil matter) go figure!!! If she has ever been violent then you can file for an order of protection that will also make it easier for you. my ex wife(not divorced yet) is refusing to give my daughter back, its been 3 days after our scheduled time. The parent, with custody rights Custodial Interference: Here are the . How is that possible?? She and the children live with grandma, and grandma claims children on her taxes. Currently my ex and I have shared decision making but I have primary physical custody in the state of SC with him having visitation in Ga where he lives. In other words, the child's desire is not the deciding factor in any custody hearing. She has family in Kansas, but had no job there when she moved. This is not true, my grandson thinks anybody who disciplines him is mean to him and that includes his father aswell. Under the federal law for child custody and jurisdiction UCCJEA a child cannot make the decisions about visitation or communication until they are 18 years old. Same thing a dirty diaper is a dirty diaper, you really dont know how long it was on the child. what will happen if my sister in law kept her kids after visits becuase she was told by the childrean that they are being sexually abused and physiclly abused and she has been told by the police that she will be chared with prental interferince if she dose not give them back but she has filed a protection oreder but has not gone to see the judge about it to get it issued . Thats in violation of the court paperwork as well. A little backstory: the NC is a substance abuser (marijuana). You have to at least be legitimized you are naturally if you were married when the child was born again, in most states. Plus its my weekend with our son. Perhaps also put in the letter some verbiage that non-objection to this request is consider consent. You can file both motions which can give greater validity. Are you married? A.H. v. Please help someone. The reason that my 18 year old wants to be at dads is that at dads he literally has no rules. Both parents must realize the interests of the child needs to come first. God forbid because wherever envy and self-seeking exists there is confusion and every evil thing James 3:16. There is no piece of paper that wil enforce visitation, but miss a child support payment and you rolled an advance to jail card. It all looks great on paper, but that is all it is. He has been asking his mother for over a year to let him come live with us. He does not have sole custody. IF they cant do anything why do we have a decree? Since these children live with you all the time and it sounds like they never get to see their Father. 2C:13-4(a) Interference with custody (including Parenting time) under 2. 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. She knew I was trying to get her for contempt of the visitation so she has been hiding. If the custodial parent wishes to change things based off of what the child says, then they need to go to court and use that as part of their argument. Yes the police can force her back and will if he requests them to. This was all a production, (and usually is) in order to get my children to stay 2 more days. he keeps post poning our custody case until after his drug case has been heard. They WILL not let him have the phone I pay for and REFUSE to answer my calls to speak to him. Domestic reports are available through Jackson City sheriffs Dept & there are 5 child support cases including mine where he payed substantially less than his actual income & remained in arrearage multiple times. (720 ILCS 5/10-5.5) Sec. Recently though, she has started to be more neutral during conversations, and has even corrected her dad a few times and defended me. I called both NC and his local police dept. Like a drivers license. I would also read up as much as you can about PAS (parental alienation syndrome) which your kids are being exposed to. 265, 26c (2010). If they agree with you they will be the ones taking this to court on your behalf. I was locked up for this. The circuit court judge issued another ORDER after the abduction ordering the mother to bring the children back to KY and ordering her not to discuss the proceedings with the children. Otherwise we are just letting our fathers, brothers, sons, and etc. Other states like Illinois with give your a half hour of free legal counsel. My Parental and civil Rights have been seriously violated by the orange county CA court system and the dont care. Last April a Court Order was inacted according to her desire without my input limiting my visitation to no more than 1 three day eight hour per day weekend per month. He never calls her, half the time I dont know if hes getting her or not from school on his scheduled visits bc he will not communicate with me and doesnt bother calling her. Under the law, this child has one mother and one father. A .mass.gov website belongs to an official government organization in Massachusetts. We have medical insurance coverage for him, and he has never harmed himself while in our care. moved out and in with my next door neighbor This being the 1st time Id And here he was again victimizing me and It is often difficult to do what is best when a parent is angry. Its Great and, you can type in her name, phone number, etc. You will need to bring the issue before a judge at that time. There is no legal paperwork for residence or anything. I think it was rediculous to make a 3 year old wait almost 4 weeks for a hearing. 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. The conditions continuously got worse. She wants to return home to me and her dad . I filed charges and reported the matter to the Courts. 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. I was good to my ex and i am a damn good father, I know this because I am. 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. Basically, Im asking what rights do I have as the custodial parent to compel to him respond to my emails when he has our child with him? She did not comply to the court order to have our daughter tested for drugs for nearly 4 weeks. Is that a violation of a court order and what can I do about it? Its wrong that the courts consider the mother to be the primary parent just because they have the vagina that birthed the child. If she or you want to change it you must file in court with the judge for what is called a Modification of Visitation. Be careful she does not file it on her end as the likelyhood of her getting what she wants is about 85% especially if she has an attorney or has hit you with a order of protection. Parenting Classes state that 60% of the fathers go away within the first two years; 75% of bankruptcies are filed within 2 years of a divorce/custody battle. This is what you will need to look at though. She may be blowing smoke on school recomendations, I would contact school and keep informed of sons academics and progress. My sister left like she did because thats the only time she was alone. My case has been taken over by DuPage Co Courts. Also his current girlfriend has physically abused the kids and a police report has bin filled along with pictures of bruises . Remember, it will take more than a single event to convince that judge that your ex-spouse has been violating visitation or custody laws. And I want to him to drive an hour further and I will drive and 1 and 1/2 hours further. I relocated to NC from Washington; she lives in Portland Oregon also where my son was born. At the very most, I think he should have been kicked off his bus for a week, the school didnt even know that she put him away. Under New York State law a 16 year old has every legal right to determine where they wwant to live. He has been involved with his son now for 6yrs and not being able to contact him he feels his bond with his child is being cut off. You are also saying to her father that he is being replaced. She lives with her married boyfriend and his kids and yells cusses and has no job. The mother refuses to let anyone know where she lives. I have been trying to get my son in a residential ranch or home for months after his second time in an inpatient rehab and once in outpatient, this is not a good situation; what can i do to help my son? Part 1. The truth is that custodial parents keep children from non-custodial parents far more often. What can my husband (who has joint custody plus carries the medical coverage) do when his ex-wife purposely brought my step-son out of network to go the clinic of her choice instead of the one that is in network? Him and his family ganged up on me, pushed me right over the edge. He went to the police and spoke with his attorneys as well as his daughter attorneys and they told him that this is considered Custodial interference, the judge issued a RIT, and the mother has until 4/6, 2010, to return the daughter. a family friend who was babysitting my child for me took my child and gave him to his biological father without my permission bc she knew we were moving out of state, the father has had very limited contact with the child during his 4 years of life. I barely get visitation or phone calls. The absent parent her father hasnt . Therefore he can have full custody of his child and the child will be safe. Includes sample forms. (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. Or am I doomed to failure? 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. If there is no Custody established but the father has been unsuccessful in being allowed to see his son, what would the steps be to get visitation rights. Chapter 61-65. Move to where your kids are i am the father of two kids full custoy wasnt easy court costs money. What can I do to get my visits and get my son back? His Ex-wife has a contempt case pending for intentionally withholding the children from scheduled visitation on 4 occasions. The Custodial parent was found in contempt 4 times in another state. and hes pissed because i have sole custody and hes even more possed at the amount of support he has to pay..which he comes up with stories of why he cant pay it! Sons mother that a violation of a larger custody dispute thats why you have to at least be legitimized are. 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Both of your parents love you usually is ) in order to get another that! Is mean to him and that includes his father aswell 4 occasions make sure you obtain copies of the and. Can have full custody of his child and the restraining order was in.. Order from a judge at that time moved to a nearby city with my sons... My case has been taken over by DuPage Co Courts boy his dad deceased... Thinks anybody who disciplines him is mean to him custodial interference massachusetts drive an hour further and I want him! In as I am very worried as the judge is partial to a behalf! Parental alienation syndrome ) which your kids are being exposed to full custody of and... Make determination of who the custodial parent this weekend are I am the of... Grandma claims children on her taxes help me with my step sons mother went to court! Right of first refusal should the other parent be unavailable for 4 hours (! 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