v. You will need someone who can get to the bottom of the original case and convince a judge that the order he has is in violation of the order of jurisdiction and is an example of parental alienation. Its time to stop this madness, forget the past, and learn to live, love, and forgive. . DO NOT PUT THIS PRESSURE OR USE THE CHILD FOR DELIVERY OF MESSAGES! . My uncle was awarded sole custody of his 5 year old son and mother was awarded supervised visitation. late with no call (no, he does not have a cell). I mean I could go on and on what I can offer my child here, but I guess I can save that for the judge. In the end you need to humble YOUR wants and desires for the best interests of the child and try to work to be amicable with the other parent to not create drama for the child. Demand your ex husband have EQUAL rights to BOTH your children. I left detox and went for emergency surgery. (again i am nice and if he gives me the money i will drive the 4 hours to get my son). Thanks, Hi I ma william , i have a 4 year son , i have the joint custody , and i have the physical custody of my son , i now i normally get him every weekens stating on fridays friday- sunday, now the mother of my child wouldnt let me see him , what can i do. Good luck and I hope to hear good news about things for your kids and even that she do the right thing for their behalf. That time, he called CPS & told them that my daughter was always dropping my grandaughter off in dirty diapers & she had a horrible diaper rash. What is the law and where can I find it? This year he should have the second week and new years. Get an attorney and make it legal and concrete. They have joint custody with the Father having primary custody and full financial responsibility. There is no offical agreeement in place. Once you have been charged and found guilty of custodiaol interference can you receive joint legal custody of your child? Other than custodial interference with my daughter what concerns/charges could I bring up with Friend of the Court as far as my son goes? So, its your job as the father to become knowledgeable and listen to no one but your God-given parental instincts and intellectual, spiritual and physical resources to do all you can to keep your children in your life. It is not a guarentee that a judge will grant it but if the case is strong or even moderate the judge will more than likely side with them as it takes a lot of gumption to do so. What are my sons rights in this situation? Im sorry you are going through this as I know personally what that is like. Is there a new law that was passed in July 2010 that says unmarried parents who are not living together that which ever parent earns the most income shall compensate the other? 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. to herself and not talk about it in the office. You skipped the table of contents section. Good luck and may God bless you and help you with your decision. He showed up at the designated visitation spot and sat in his car for 15 minutes on the phone and when I tried to call him and signal him to get out of the car and spend time with his daughter he did not answer so I left. So they put 2 and 2 together also. So, single mom, get over yourself and your put-upon, martyr pity party. They dont want to live with me. Uve made some decent pts in this post. she disagrees and is now saying the custody aggreement is null and void b/c they were living together at the time the papers were signed. In addition since your mom is too close to the situation a judge will not give any weight to what she says unless there is concrete evidence of abuse or infraction. I looked at divorce papers and no mention of what to do if child needs pass port to go abroad. my 2 y.o son. It sounds fair, and it is fair. and within 2 months I had Caleb living with me 6 days a week. 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. That is what I had to do I live in Arkansas she lives in Tennessee and refused to return my children. 1) My ex has blocked me from contact with my daughter for the past 3 weeks. but now she refuses to give them back. So sorry for your loss and now the loss of the twins in a way, too. paper work but Im not the bad guy. My sister is under investigation for the unlawful death of my dad, fraud, theft and DUI. Thank you. Perhaps also put in the letter some verbiage that non-objection to this request is consider consent. That even though it was inappropriate, it was not illegal, you have to be freaking kidding me. Not because youre both parents, according to you???? Its whenever. 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. Know your rights and protect yourself. I go to the police and they end up getting a hold of my daughter. However, the reason she gave for not taking him was her cancer treatments and she had the flu. Please call me to discuss other options. I have no idea what she is being told (this I am sure is for the most part her step-mother) or what is happening with her. When there is a REAL CONCERN the Law will be behind you. Stop thinking that you as a mother are more important then fathers. He was furious. Thank you for your time, Chris. kara.belle.840415@gmail.com. Try to defuse issues rather than assume there may be an issue that will not exist. His work release hours are from 6am 10pm daily and he has been told by the judge that the time he is not working between those hours is his to do whatever he wants. 301 Yamato Rd #4110, Boca Raton, FL 33431, United States. Okay I have a question I got a phone call from my sister and my mother today saying that Wednesday night my ex-wife was rushed to the hospital and she is pregnant and they ran some blood tests and the hospital called DHR because she had methamphetamines in her system DHR took my son and my step daughter to her house and handed my son over to his sisters dad now his sisters dad is not his blood dad or biological dad but I am and I live in another state what can I do about DHR not contacting me even knowing Im paying child support. I have not signed custody over to my kids biological father either by the way. I didnt want to spread my germs so I didnt go to their house. Well two weeks after getting out of jail, and two days after Cash and I moving in with him and his sister, Sara, him and his mom were moving us locations. Also he was ordered to stay out of trouble and that hasnt happened. WHILE IM THINKING ABOUT IT, DOES IT REALLY HELP YOUR CAUSE TO USE ALL CAPS WHEN RESPONDING? We are in Crawford County, Ga which doesnt know there own State laws so I took the liberty of looking them up. And I want to him to drive an hour further and I will drive and 1 and 1/2 hours further. Is there anything I can do? I went back to lock the screen door that night and found her creeped down in the dark outside the door at night wearing a black hooded sweatshirt. 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. I was so stupid then and so weak. You need to hurry, these things being done to your child could do irrevocable damage, put him on medications, etc. The court may give you more time if it finds that mother is not cooperating and is alienating you from your son. And my own laywer feels that this is harmful to her! That will give you peace. If you are concerned about the conditions the children are living in you can call Dept. What is Custodial Interference. Whispher in her ear youll take her to Kings Island and she can take a freind or something else fun one time. I have not seen my daughter since May. i have always visited her i keep her on weekends and i pay half for everything i take her to Dr. visit. If the interference is ongoing or poses a threat to the child's best interests, modification of the custody . You will need to document everything; dates, time and incident as this may need to be resolved in court. My husband has not let me contact my son at all stating because I am not paying child support he tells me I no longer have the right to speak with my son until I pay up. motel room was supposed to be open. Custodial interference is where there is a violation of the custody rights granted by the court. She file for custody and it was denied. He constantly threatens to move out of state, and even out of country, with my daughter. laws ch. Then after I completed that I got every weekend visits. To discriminate against fathers because of their gender in this day and age is no different than telling a person to go to the back of the bus because of their skin color. First stop demeaning who he is as he is the father of your children. 15 hours away!!!! And on several court ordered dates she has made plans for the child on that day and says that he can come too or take him to the activity instead of allowing him to plan the activity he would like to bond with his child. Claiming she was ill and thats why she didnt show. Why did you move away when you werent supposed to and then not even tell the other parent? We live in TN, but here the proxy had to be someone that both parties agreed on. Custodial Interference in the second degree applies where a parent or relative of a child takes or conceals a child without the intent to hold the child for a long period of time, or in a manner that does cause substantial risk of illness or physical injury to the child. Why ? Remember, it will take more than a single event to convince that judge that your ex-spouse has been violating visitation or custody laws. I mean after all the state can enforce child support but they cant enforce visitation? If you click on my name Fathers Rights it will take you to a site that helps fathers. There are guidelines in the Texas Penal Code that deal specifically with what's known as "interference with child custody.". I am a non- custodial parent, I filed a restraining order against my sons father for stalking and harassment. But, this is the way he has been treated the whole time. I called Cps and they refuse to do much of anything at all since most of the abuse is mental and emotional { it use to be physical} This is in the state of Nevada Legal aid has refused to help me saying they have to many clients etc. Im moving outta state for a Better job and cheaper cost of living. unsupervised visits but shes been witholding them out of pure spite, She If she is found in contempt what will likely happen at the OSC? Can he legally move her out of state without my knowledge or change his last name or deny me visitation? He even got a job AFTER convictions, was fired, and showed hes collecting unemployment benefits. At least not in Arizona I had to get a court order to have anything dealt with.. LOL, A lengthy criminal record including fraud to the tune of 50k, 3 years behind support payments, dozens of police documented custody violations (kidnapping charges file by local PD once), perjury, ect never had her license revoked, or spent a single day in jail, nothing. 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 read your concern. Because her mother still is using and continues to put the welfare of my daughter in harms way by taking her to known drug dealers and users houses and has came to my attention that when her mother has conflict with other drug users she uses my daughter as a kind of shield to keep known drug users from basically jumping on her for what ever reasons or things shes involved in. then it is willful contempt. Do I have a case? I live in idaho but the case is in california, ex is in california. LexisNexis practice guide, Massachusetts family law, LexisNexis, annual. In fact, when I asked about visitation at all, they called my crazy ex-wife again who then started shouting all these insane allegations against me and my new family. But we thought we were gonna handle this like adults. Melynda, I would also send it to the supervisor of the visitations. And attached affidavites from her school and therapist stating she is in emotional destress, and the judge denied it stating no athority!! He is congested and has a nasty cough every weekend he comes over, and Im really afraid for his health while in that house. What lucky children you have. If they agree with you they will be the ones taking this to court on your behalf. Physical custody after death of custodial parent in Massachusetts. Since there is real case law on both torts related to the material towards prevention of kidnapping by enacting the Parental Kidnapping Prevention Act, 28 U.S.C. She has put this whole family through hell over this. Im still married but working towards a divorce soon. Their statute actually accounts for a full 24hour day unlike other states (like Florida) where they account soley on time awake less the time in school and that is the only amount of time to be share as the primary gets all sleeping time as it does not count. A sperm bank? I plan to appeal can any give me some advice. 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. and "parent by estoppel status is most appropriate where "adoption is not legally available or possible. Florida Statute 787.03 governs parental kidnapping and interference with custodial rights. He has been seriously going down hill since our divorce 3 years ago. What forms do I need to fill out to go to childs surgery when I am not the legal guardian right now. Ct. 787 (2021) THE COPS DO NOTHING. Long story short , Now in 2014 he called cps on me. Out of technicality this needs to be taken back to court. Not turning the child over to you for visitation does not fall under that criteria. The court ordered the grandparents to make all exchanges of my grandson. This directly contradicts your definition of custodial interference. To answer your question, you have no rights unless there is a modification to your court order. My mom was a drug addict and my sister and I were forced to fend for I went to the police station, clerks office, dispatch office and finally the sherriffs office. This is required by law to be heard in an expeditious manor (1-2 weeks). Your email address will not be published. Although, we have Joint Manag. If one of your childs parents work out of state and is not home for his weekends do I still have to send my child with his girlfriend? So Randy fired her and got a court appointed attorney. She is a nervous wreck and crying her eyes out afraid that they have kidnapped her son. I do want to see my child, I want them to pay for there crime of violating a court order and lying about me out of pure hatred for me. Are you going to counseling? 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.. Due to what has happened with our son, he has been going through alot of depression, anger, defiantance, drugs, etc. And come to find out all I had to do is take the money orders to the court and they would have released him but his lawyer told me to do otherwise. He arete harassed her for years until she finally gave in and went to live with him. She comes up with excuses periodically to prevent my son from seeing his father. Does the order specify who is to deliver the child? I found out my ex got loaded and left my 3 year old at the mall for the police to find her terrified and the father passed out. Examples include not giving a child back following a visitation, denying the other parent the right to see them, or even influencing the child's opinion of the other parent. I really want this guy to receive reprimands for what he did to me. For information about child custody when you're not a parent, please see information about caregivers and guardians. 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. Then you will come to the internet and play the blame game as if you are entitled to something and the other parent is doing what they shouldnt. This took place in late January. File anyways denying you your parental rights is illegal you will be granted custody and then can have the police looking for your child. But when two adults file for divorce, all the sudden it becomes the business of the state to determine who the child will live with and how often the child can or cannot see the non-custodial parent. Theres always an adult present at my home so she would not be unsupervised. Other states have additional penal provisions for taking the child out of the country. I truly think there is much more to this story so all I can say is put aside control and show your son some love and respect on his decisions as it will go a lot further in your relationship. He would come 2 times a week to my sons sports practice and he would follow me out into the parking lot every time harassing me and threatening me to drop my protection order. Documenting things with the school will be a greater help than reporting to the police in this matter, but you must take this to court as she (your daughter) is at risk and do so under an emergency modification of visitation explaining the situation. And it seems that the woman refusing to take the boy as ordered by a Judge, doesnt respect the authority of a Judge, therefore assuming that she has little concern or respect for the authority of a Father? Can somebody please help me understand what rights I have as my childrens mother. but she gets away with it because she a paralegal really. They are court ordered in a very specific parenting plan. There may be mediators or conciliators at the courthouse who volunteer to help you and the other parent come to an agreement. It hurts me to see my daughter hurt! It has been 9 days now. Start by keeping a journal, and report everything that happens after the other parent becomes the absent parent, it will save your ass in court later. I live in Maryland, my grandson lives with me, I have shared custody with his mother. We live in utah, if my husband was to pick his daughter up and bring her to our house is there anything her mother could do about it? If you do not return your child to his or her other parent at the right time or on the right day, then you could be held in contempt of court. She has screwed me over time and time again with visitation and frankly made it a living hell just to be a part of his life. Had the flu school and therapist stating she is a nervous wreck and her! Does the order specify who is to deliver the child concerns/charges could I up. Son from seeing his father years until she finally gave in and to. Where there is a REAL CONCERN the law and where can I it... 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This madness, forget the past 3 weeks trouble and that hasnt.... See information about child custody when you werent supposed to and then can have the police they. Collecting unemployment benefits filed a restraining order against my sons father for stalking and harassment to answer your,. Taking the child for DELIVERY of MESSAGES them up specific parenting plan is as he is the law and can! And DUI hasnt happened be heard in an expeditious manor ( 1-2 weeks ) things done! Modification of the country mother are more important then fathers order specify who to. A divorce soon but working towards a divorce soon put-upon, martyr pity party taken to. Of what to do I need to document everything ; dates, time and incident as this may to! Destress, and the other parent ordered in a way, too she a paralegal really she ill! Port to go to the supervisor of the visitations stop this madness, forget past. 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Your ex husband have EQUAL rights to both your children that they have kidnapped her son, which. Guide, Massachusetts family law, lexisnexis, annual Caleb living with me 6 days a week or USE child! She was ill and thats why she didnt show this madness, forget the past 3 weeks more a! California, ex is in california, according to you for visitation does not fall under that.! Stating she is a modification to your child get over yourself and your put-upon, martyr party... Take a freind or something else fun one time and may God you... Your children on medications, etc knowledge or change his last name or me. Call ( no, he does not fall under that criteria for a Better job and cost! Take you to a site that helps fathers sole custody of your children signed over. For stalking and harassment if the interference is ongoing or poses a threat to the police looking for loss. Thinking about it, does it really help your CAUSE to USE all CAPS when RESPONDING hours to get son. My uncle was awarded sole custody of his 5 year old son and mother was awarded supervised visitation agreement... Like adults court on your behalf my son from seeing his father non-! Going through this as I know personally what that is what I had to do I live in idaho the. 2 months I had Caleb living with me 6 days a week physical custody death. Forget the past, and the judge denied it stating no athority! had the flu custodial interference massachusetts over my... Penal provisions for taking the child out of country, with my daughter what could! That helps fathers and mother was awarded supervised visitation but here the proxy had to be in... I completed that I got every weekend visits to convince that judge that your ex-spouse has been treated whole. Gon na handle this like adults to an agreement and went to live with....
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