He is congested and has a nasty cough every weekend he comes over, and Im really afraid for his health while in that house. He kept her out of jail and the child where she was supposed to be. After my son reported this incident, he came home from visitations with his dad beaten and bruised every time; telling me that now his dad was threatening to kill him too. My ex-spouse withholds visitation even though our divorce decree states we have 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. My 14 year old granddaughter who has been living with her dad totally for the last 19 months has been ordered by a judge to visit her Mom every other weekend. Her boyfriend lost his license , she lost her license so she plead that she cant drive to pick him up . That makes me extremely uncomfortable. I need to know what my ex husband can do if anything if i have moved. Transporation is not listed in the divorce decree and I have tried to express that I too have a life and think it is very inconsiderate of him. Now the child is 18 almost 19 and we still dont see her. Mother has primary custody in CA (where the court order was issued). I took a plea bargain for the domestic assault and completed the 11/29 probation and anger management required. I pray a lot. I will be retaining an attorney after the 1st of the year, but I am concerned on the enforcement of the curt orcer even if things are revampted especially if my ex-wife decides to leave the state with the children or send them out of state as she has done many times thwarting my visitation as instructed by the court as she requested. Our daughter was asked what happened and came clean that her dad set the whole thing up. Use this button to show and access all levels. More information: The step-grandmother has moved around in the past two years to 4 different places. Oh God, I hope youre wrong. order just because she has the child more than the father. If Father does not consent you will have to file a motion in the family court in your county seeking permission. We live in the great state of New York and here, the fathers cant catch a break when they deserve one. For information on matters such as custodial interference or parental kidnapping, please contact our Child Find Unit at 206-296-4308. Finally the best solution to all of this non-sense is to issue marriage licenses that have an expiration date. Stephanie, a frustrated mom. As long as the mother is around I would answer NO. Use text messages, they are EASY to document. You see, I do my homework and therefore I believe I have a right to complain. I know she has had him around, just no visual proof. Child Custody and Parenting Time. how long your child must have lived in the state for you to file for custody here, Get an immediate child custody or parenting time order, Learn more about who can file for child custody, Child custody and parenting time options when youve been abused. her husband came to texas 2 days after she ws arrested to pick up the girl but left her because his lawyer called me and said they want both kids and i said no the boy im his next of kin. 9A.40.060. Custodial interference, a punishable offense, occurs when a child under the age of 18 is unlawfully kept from a relative who has rights to custody or visitation. It will take some time to fill out al lthe paperwork and get the judge to sign it. Texas officers state this is a civil matter and I will have to call an attorney. He didnt beat you up or harm your baby and you dont know what transpired in the previous assault charge because you were not there. Does the judge ever talk with the daughter. No custody order in place and were working together in co parenting the boys. Because she is the one I was replying to. Two years ago my husband and I decided to seperate, I moved out of the marital home and we made a verbal agreement to share custody of our daughter who was under my care during his 2 deployments. untill school resumed in august. is that true what the girls said. If he takes the child, he will be guilty of a criminal offense. Usually, when the mother refuses to participate in developing healthy and positive co-parenting techniques. Will hubby be held in contempt of the court order? The judge didnt care and didnt listen or take anything logical into consideration. My boyfriend took my daughter for his summer visititation. yes, all states recognize the mother as the custodial parent when their is no order. I sent her a letter with our address and allowing her to see him anytime in the next state. He does not tell me anything either.. Why havent you taken him back to court, he cant do that its not legal. Have the school contact you if your daughter has not been picked up within 15 minutes of release or the end of an activity. He contributed his entire 401k account to three years advance child support. His mother is remarried. We had a girl together our kids are always been brother sister and very close . My husband brought her with them to care for our son. I am all for a good father like my friend who is a good DAD AND ONLY GETS TO SEE HIS BABY ONCE A MONTH AND IT HAS AFFECTED HIS LIFE, HE HAS NO MORE BUSINESS, NO MORE MONEY, BUT HE CARES MORE FOR SEEING HIS KIDDO SO HELL TRY HIS HARDEST TO PUT UP WITH THE WITCH, OR FIGHT BACK. You skipped the table of contents section. If youre so burdened by having children, you shouldnt have to begin with. Every Saturday, they each drive an hour and meet at a neutral location to arrange a pickup/drop off. BUT, you dont want him to feel like he is a prisoner that is not allowed to even talk to his biological mother if that is what he wants to do. Not all judges will instate make up time so keep that in mind. thats the way it has been. I have a court order allowing reasonable phone time from both parents durning non-parenting time. Document everything, save the text messages and voice mail. son is scared to tell his dad that he wants to see more of me, much less that 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. My ex-husband is a cop. If you want sole legal custody you will have to make that request to the court. Just because she doesnt pay child support or see the children for 6 months does not give you hounds to break your end of the deal. we were divorced in California. The lawyercan help determine the right course of action, depending on various circumstances. Just a heads up. 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? Go to the police in your area, file custodial interfrence against her an investigator she pursue it further. He beat up his 7mo pregnant girlfriend at the time so baby that they baby almost died!!! Anyways it i want to sue for damaging our bond mother and son. Please advise. The mother barely exercises her visitation with her. I was granted visitation with my kids every weekend, Saturday 4pm to Sunday at 6, and split holidays. Should I be worried? I hope this helps. Their dad has already given my 4 year old PTSD in which he had to do over a year in therapy for, and most recently he coached my son to lie and say that my best friends son sexual lyrics assaulted him. abandonment? I dont think its unreasonable to meet him halfway to exchange the children between you. You can get your state code online. Posted on June 10, 2022 by Billie. methamphetamine drug user and has already in her past marriage lost 3 children due to her addiction and living environment. We also have documented times she has skipped visitation (every other weekend) and when she ask for extra day and we agree but she nevers comes to pick him up. He was withdrawn from school by the other parent an hour after the TDO was filed. What happens if my daughter runaways at 17 with her 16 year old boyfriend they decided to drive his truck to washington by following us. Okay My daughter will be 9 in October. At this time our lawyer suggest just filing for child support and let her to be the one to trip up during those proceedings. I have joint residential custody of my son that me and my ex wife agreed to.I was wondering if we have joint custody but my son lives with me can she take him away from me anytime she wants to live with her or would we have to go in front of a judge. Steph, stay out of it, let them resolve it. She is also very jealous of my relationship with the kids as I am very involved with their lives as well as my two children. I dont know what to do or where to start. I def need any feedback available!! Second question is do I have a custodial interference in regards to my ex-wife?Seeing that she lives in Illinois as I in Florida (for right now until I find a job closer to them) how can thi be inforced should she be in violation? (she used to be a straight A student who never had to study, and was enrolled in the TAG Talented And Gifted program) She is now failing in classes that she should be excelling at. I have been fighting for visitation for almost 3 years and honestly having joint custody is nothing more than a feel-good comment. But we are just getting the runaround about court and things like that. IM SCARED OF MY EX AND EVERYTIME I GO TO GET THE KIDS HE WONT LET ME HAVE THEM AND I LEAVE BROKENHEARTED I MISS MY KIDS WHAT CAN I DO? When you say supposed to where did that come from? In the last 10 years, I have had to call CPS 3 times for accusations made to me by my daughter of physical abuse by her step-mother, her unusual behavior and describing sex acts she had seen. She doesnt work and spends most of her time plotting on how to make his life miserable. Just states under reasonable times. He said he left voice messages. 2. CAN I file a motion to enforce that order and request that I have primary physical custody of my children here in KY?. Im sorry D Bean, our justice system and especially the family court system is corrupt.. My ex and I have a custody and visitation order in NYS. What can we do? Their parents did not meet requirements to get the children back we want to take the necessary steps for the children to be in a place where there are loved and wanted. No that isnt much to get my time with my son although Ive done this for 9 years! Well my daughter is due to go back to him tomorrow and were all terified he told her he would hurt her if she told!! My ex husband refuses to let my son and daughter who is 5 to call me during the night. Planning for shared parenting: a guide for parents living apart, Mass. Time and time again I see that children will, eventually, reject the parent that interfered with their relationship with the other parent. That will expedite the court date. Chapter 2 discusses parenting plans, allocation of custodial and decision making responsibilities and provides helpful illustrations. Parents and their legal representatives may try to manipulate . What an inconvenience HE ACTUALLY HAS TO MAKE AN EFFORT AND DRIVE TO SEE HIS KID? The non-custodial parent has not signed the agreement out of spite at this point. Please explain what you are asking. (1) A person is guilty of custodial interference when, knowing that he has no legal right to do so, he takes, entices or keeps from lawful custody any mentally disabled or other person entrusted by authority of law to the custody of another person or to an institution. now my son as well! We had set up visitation of every other weekend. The next time he drove him out of state and his car broke dwown, where-upon they slept for three days in a Wal-Mart parking lot until a stranger offered to let them stay at her house and he took my son there and stayed. im trying to make an effort here but the bus only goes so far into fairborn. I just got pulled over for having an air freshener on my mirror and it comes up my license is suspended but they couldnt tell me why except it had something to do with court! Aloha! I will be asking her if I can keep the children till tuesday morning where I will see them off to school. my case is exactly as printed here. He would like for the Court to order his ex to pay for the difference in cost of travel for visitation (the kids have a great relationship with their grandmother and me, and can stay with us), and order her to provide for weekly electronic sessions on video iChat or Skype. Even though you are the custodial parent and have moved so far away from your childrens Father, you should do the right thing and promote a relationship between the children and their Father. (Which is why I am surfing the net and came across this site). 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. So what if the father can or can not got to pick up the child. We returned him the day we were supposed to and at that time he told his mother he was not staying there any longer. I did not know this man, I had seen him, but he had never been authorized to take our grandson. If you don't file a motion for temporary orders, ask the court how to get your hearing date. Wowyou DO know how to type without ALL CAPS. So he got ideas from other bad kids to say that I abuse him and neglect him, so CPS became involved. If you need assistance, please contact the Trial Court Law Libraries. Shes on 7 prescriptions. What can I do? In addition to that, there were numerous times when he wouldnt return my son to custody as scheduled, including a time when he decided to keep him for summer vacation, unbeknownst to me, and I had to go to the cops asking for my son back, they said it was a civil matter and wouldnt deal with it. Do I have to take them out of school just for the court order? If we do it that day are case is heard right away. Dont let him interfere with your morning and bedtime routines. What can I do to pursue this. He has the children during the summer in a different state. I meet both of those points. I have visitation schedule ordered through the court but the mother moved and I have not been able to locate her or my son. The child has been shot at and sexually abused. The 7 year old states (to his mother that he hates her and doesnt want to go with her, yet we force him so that we dont condone the breakage of the small bod he has with his mother. Could you have miscounted? Also she is not allowed to have any achohol 12hrs prior and during but i found out that she has been. Seeing that there is a pending case the only thing they can do is look to see that the children are okay and not abused, nothing more nothing less. This is true but only because she has not allowed me to see or speak to my children. You will need to file what is called a transfer of jurisdiction to have the case heard in Illinois. Cole, only a Judge could say for sure. However, she is now saying she wont let my son see him any more unless theres a court order. Comment #2 is irrelevant as a judge wont care that your house went into foreclosure. Wow, that single mom steph remark 2 years ago is way off base. I had my son since he was 3 months old until he was 10 months old only because i was gone away with the service(army) his mom was suppose to have him while i was gone but she didnt have him he was passed from her home to his grand mothers house then to my aunts house out of the nine months i was away my aunt and her mom had him for combined time of about 7 and a half months. You have to at least be legitimized you are naturally if you were married when the child was born again, in most states. He said that his brother (the childs dad) had called our attorney three times. Needless to say he bullied me into signing away physical custody because he My 13 year old daughter comes from her Daddys house the Princess her sweet smile downturned, into a skowl, her attitude so hateful to me, her sweet tender touch jerking away from me .i dote on her every move, i spoil them both rottten, (hes 11 and loves electonics)hes not quites so bad but hes turning from sweet Mommy boy into selfish selfcentered me me me daddy. You dont have to split a sick day unless you agree to it. Utah law states, A person who is entitled to custody of a child is guilty of custodial interference if, during a period of time when another person is entitled to visitation of the child, the person takes, entices, conceals, detains, or withholds the child from the person entitled to visitation of the child, with the intent to interfere with the visitation of the child.. How do I get the police to see the severity of the situation? YOu didnt have a prob. You have to stop it faster with a contempt filed in court, if the police cant get a warrant for interference with custody. -Is there an active parenting plan filed and has it been adhered to? We are afraid to take them back because she has already threatened us that he will never see them again. Wow, I never thought about this one as I have not seen a provision in UCCJEA or the State Statutes to this issue. Now understand a judge may or may not hear the case. All I want is to know shes safe, ok, breathing well, and just hear how her day is. Stating I have to come get her. However, I know situations are not all the same, this is my opinion, and have seen this all to often. In court I was all alone barely 18 no reserves to my name, not She had him picked up on the CS warrant the day after Thanksgiving. This is not the first time she filed false charges on my daughter in attemps to get her to sign over custody, she never went to court as there was no evidents and the case was abandoned. So now she doesnt see him on any certain days or his weekends. need to be here 10 days after school out. My question and concern is that my ex husband who we have joint legal custody of my children with him having physical custody has decided that he can suddenly make me speak to my children via the phone being on speaker phone so that he can listen in on our conversations. Yet a child being a mothers possession or property because she primarily takes care of him/her in their daily needs and does so alone while the father works, is not only the acceptable norm, but something that needs to be commended and applauded, with everyone saying, there goes one strong woman! ? The Judge will be concerned about your daughters well-being, but if she will side with her Dad regardless, dont waste your time in 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. visitation scheduling the same? 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. My recommendation is that you give him the two months hes asking for during the Summer and the one week of school vacation during the year. They want the child to have consistency, which it sounds like he/she has already lacked. Understand this comes from someone who is not a lawyer, but one who is extremely versed in Child Cutody and Family Law as I have been fighting for visitation and communication with my 4 children over the past 3 years representing myself for the most part. My kids cant talk to her, she alienates them etc, they have mentioned that to my family, When does the judge say its enough? Just be happy with the visit and wait for my day in court or take my kids now when I have the chance because she may not let me see them again. Lots of partners that stunk as boyfriend/girlfriend end up making great parents. They are court ordered in a very specific parenting plan. I have always been prompt on child support and there are no other issues. I might add that his father had a past meth habit years before we met that he has beaten (apparently briefly). 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. If the last court order provides that you have sole legal and physical custody and that father has no visitation, then you may not need a court order. Unfounded. let Mom love her kids. They say it is a Civil matte and they will do NOTHING!! If they are attempting to buck the system, stand solid with the parent of your child. Keep fighting for your kids to know you love them. Until you know BOTH sides of the truth, single mom, dont go bashing dad. My ex hasnt done anything for his son or daughter in 10 plus years and is not on neither birth certificate and there is no support order because Texas oag says Michigan cant find him even though they have all his identifying information and hes been on parole and probation. Good luck I hope it all works out for you and your kids. The Family Court system does not care about you or your children. At this time, I am granted temporary sole custody due to the fact of the restraining order. 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. Like myself I get my son every other weekend and I do everything I can to be In his life. FBI will give you advice, but because you are a father, you must know the law and demand it be followed for you. Any advice? She finally consented that I could see the children with supervision of certain people that she designates. He recently changed it to after work if she was in daycare. My husband and I have been fighting this for a couple years now with PFS orders and what not. What if the child, age 16, refuses to go back to the custodial parent due to verbal abuse and drug abuse? My ex and I have shared parenting with free and open communication in between each parent and the minor child (our daughter) at all times. When my ex left the state of Florida 2 yars ago the juge aknowledged she broke the law. He says he is picking up the kids saturday and returning them monday becuase he has to work, then picking them back up Thursday for thanksgiving. App. You can not move out of state without getting a modification in the home state to relocate. I have finally talked her into letting me come see the kids. It will be reinstated on Nov.1st and he sees the surgeon on Nov.5th to schedule surgery. If I had a cooperative parent to work with, the custody would have been joint. That he has no idea how to help her with and cant legally sign consent for medical treatment. She will probably lose custody if she does this because she is showing she thinks she is the only parent. the father is now hiding the child from me. Now the courts want us to pay 40,000 dollars to a woman who has hide the child all these years. Its whenever. Dear fathers: Please, do NOT waste your money for attorneys! Dont let her (or anyone else) get to you over these petty attacks or issues just keep your focus on your daughter and youll know youre on the right path. When I had my check book and could have written a check for the 620.00. Did you count the diapers and thats how you think only one was changed? Went back to court & had somevisitation removed & had the court order re-written so it was stricter. I do have full custody of him now. I have learned how corrupt the system is. Top-requested sites to log in to services provided by the state. They put an armband on the child that matches up with you and the child cannot leave unless you are with them. Can I file charges on him for non custodial interference? Life is so cruel. Even if you plan on representing yourself, you may want to consider having a lawyer review your papers before you file them. That should be up to the parents to work out, outside of an adversarial courtroom. As a parent, it is advisable to provide certain things for you own household, of your own accord, for your childs safety, needs, and welfare. If she trys not to stay with the schedule file a police report, discreately. A Category F Guardian ad Litem investigator (GAL) is appointed by the Probate and Family Court to investigate facts in cases involving the care and custody of minor children and other matters that implicate the interests or rights of children. My son isnt going to be released for at least 2.5 years anyone? I have been in court in Arkansas 2-4 times a year over my case since 2008,so I have picked up a little knowledge. Love the child more than any agenda to fight or control or abuse the legal system for gain. Getting this reversed is as hard as it is for a man to get placement in the first place. There is not an official court order regarding custody in place yet. %. The grandparents have NO court order to even visit with this child, they have NO parental rights, and nothing my daughter has agreed to has suggested they have any rights yet they are interfering with her communication with her own son!
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