I had night shift for the firs 3 months of this babys life as well as babysat all the time. Let me day this though, I am a father of 4. Does he have any recourse towards the mother? What lucky children you have. Fathers should NOT be deprived of their children. That could happen to any parent. It is not reasonable to expect to burden one parent with HUGE travel expenses just because the other parent moved. A year ago she got a week in the summer with him and we got a phone call from the police informing us she had an overdose and been hospitalized , then ran off with her boyfriend and son . Once the protective order expires you should file a motion in court seeking visitation. The longer you let things ride, the worse they are in your favor and your childrens favor. Im still married but working towards a divorce soon. Family law & practice. I can help prepare paperwork to file to defend yourself in court no lawyerI am experienced in family law documents, and filing proceeduresi am also able to help file documents with the court to ask for financial relief.very good case for contempt to request relief..do you have a court order in place already?.email me please.. ahlilah@yahoo.com, how do I get my kids back to arizona mother has jamed out to cali and she has been served but wont return the children. Go file another case!~!!!!!!!!!! He has lived in about 5 different houses with her, only one of them actually with her name on the lease, since 2008. All states have their laws and statutes on the internet google statutes for Interference with Custody and you can call the FBI help line for kidnapping, but try local law enforcement first unless across state lines that is Interstate Interference with Custody and is a felony. Thank you, We have 50/50 custody of the children but my 11 year old is in middle school and is released at 3:40 pm and the office closes at 4:30 pm. They will drag it out and take all of your money until you go away or cant pay child support and then they put you in jail. Otherwise we are just letting our fathers, brothers, sons, and etc. PLEASE tell me theres something I can do to protect mini me and make sure he doesnt receive his modification. the grandmother would have to do it behind her back in some way. He goes on Family vacations with his new wife and his 3 and 4yr old sons without her. even ran to Florida and was wanted for almost 2 years until she wrecked drunk and high AGAIN and was taken straight out of the hospital to jail again. My children were in a car crash with No car seats and his sister was driving thats the reason I call to check that my children are safe and No answer at all she turns off her phone unpurpose. Join the cause for an intervention: - MOST IMPORTANTLY- That way you have proof she would not respond appropriately when asked. If no one has custody of a child could that child choose where he or she wants to live? For example, a special event might last longer than expected, the other parent poses a danger to the child, or its been snowing all day long. I need help Im sorry ito change the subject but my daughter is 19 living and dating. You cannot control him nor he you. Child custody: family law advocacy for low and moderate income litigants, 3rd ed., 2018, chapter 9. First off let me say that I am sorry you and your son are going through this. trying to circumvent my custody. They never married, and, from what Ive been told, he has shown no interest in seeing them and definitely has provided no financial support. Never lead on of the disapproval you may have for your ex only the excitement you have for spending more time with your daughter. Not doing so is an act of parental alienation. Updated: 22.50. If he files a contempt, you can show you did everything in your power to notify, negotiate and follow the Order. She refused to give the kids back my ex was working she said. He has a record of violence and recent insurance fraud. The mother would get sole custodyand a SS checkshe would not have to visit with his family either unless the judge made her do it. Has he violated any laws? 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. Stop going after the other parent because your upset over something the other parent is doing, and to look as though you want whats best for the child by using their child to get even. He had custody of the children where the mom had supervised visit because her boyfriend brok the youngest one leg at 8 months olg. The grandmother from both side may monitor the visits without any interference. 828 (2006) My ex picked up my children from a sitters without my permission. The only way you will be successful in that is to high an attorney then after the money is spent you would have a chance that goes from 30% now up to say 75%. Because no matter what you come up with, you willfully did the wrong thing to your children and broke the law on three counts. 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. 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. He does not let me know anything is there anything I can do. Taken from my house to go to school and they never returned. 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. I am a non custodial parent, pay my suppoet, see my children etc, My children were taken across states line and the custodial parent took a restraining order on me 3 weeks after the same day I got a visitation order. I have joint custody. His ex-wife took us to court for the second time last December, trying to get custody back from us. If the court order for me to allow him to take her would I get in trouble if I refuse to let him take her? Work fast, send certified letters, leave messages, record them, send texts, etc. I clearly stated to CPS that I did not want him to be around his dad without supervision and now he has him. Make sure you obtain copies of the reports from both departments. Even though Davids Finally, I just got fed up with it, and I took him to see Branden instead of waiting for Branden to come up to see him. Doesnt show? In some of my conversations with my kids, they have told me that there are no bedrooms in the house that they all sleep in the same room together. The detective didnt ask about any of these accuzations (didnt spell that right). Is there anything we can do before this all happens? and then the summer came. Their mother has allowed him to make his own decision of whether to visit for the past year. Custodial interference is a legal term. I dont think its safe for him to be with her. He has refused to return the for school. My daughter desperately needs help, but no one seems to care. When I asked them not to train her to say bye bye once she [is allowed to] gets on the phone with me, now they tell her to say, daddy, all done and no dialogue is allowed and they hang up. Share sensitive information only on official, secure websites. You need to hurry, these things being done to your child could do irrevocable damage, put him on medications, etc. With sole or primary custody going to the mother in roughly 90% of cases, claiming custody is not based on gender would be like claiming hiring is not based on race if 90% of a particular race, though equally qualified, was unable to obtain employment. If that is the case and either party is refusing to allow visitation they could potentially face Custodial Interference charges. Can a noncustodial parent claim custody interference after mother kidnapped the child, filed a false report of abuse, and a restraining order and then the court found no evidence of abuse and dismissed the case and restraining order entirely? You can only control how you respond to him and his decisions. You will need to bring the issue before a judge at that time. Custodial interference. was I would sneak out and hide things and stay out all night long, it quickly They are with him now and he is saying something happened with our son and he called social services again. We also have joint decision making over the two kids. Well I have an issue with this when the kids throw a fit at having to go back t their moms after a visit. all of this after seeing my children only 3 times in the past 2 years as she has refused to obey a court order. The thing is I havent had the child. I understand that going the legal route would solidify things, but wanted to get opinions from everyones expertise before moving forward. Although there is a criminal statue, they dont like to get involved and any time their father has violated the court order that happens often, and does not stick to the parenting time schedule, the police say they can do nothing. On their site, the 189th General Court of the Commonwealth of Massachusetts addresses the penalties a parent may face for parenting time interference. My husband and his ex-wife have Shared Legal custody in the state of Florida. when I reached sa turns out hes in jail for robbing a walgreens. Forward to today. Will the child be forced to return if they are refusing? Legally, I would make sure I had mail, voice messages, cell texts, whatever to prove that I tried to fulfill the Order so he cant say you interfered or are in willful contempt. Can he get a custody hearing in 5 weeks and take my son? 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. He went back home and refused to bring her back. Here are some of your advantages. Well, Last year he had he first week of break with the agreement we just switch off. We have not filed any abandonment charges on him. Hes a really sweet kid. Against what I said, the gma continued to use her info and open a bank account under her name for my daughter. IN}>XD$*(?=xV$Ip+QCeU#ELu>u&QT WdR(Q._~{q 7r+1% Life is so cruel. I stopped taking his calls and he had me in court every time for contempt because I hadnt answered the phone when he felt like it. until October 2017. What can I do? Well We went back to our home town and i havent seenmy daughter in over3 1/2 weeks. The courts look at child support and visitation issues SEPERATELY.. and your sons father cannot refuse you visitation just because you cant afford to pay child support ( period!). At our final custody hearing, my ex husband was given 3 weekends a month with our daughter. Most states call the time Fathers spend with their children as Visitation instead of calling it what it is Parenting time. Each time the children were returned to the non custodial parent! Were you married? How do I get a REAL judge to look over the case so I can have more time with my boys? She turned 18 a short time later but I only found out about her dropping out of school, being arrested and going to court (with her aunt) and how she was left on her own every night to take care of my 87 year old dad. Depending on the nature of the situation, the parent may need an experiencedfamily law attorneyfor legal remedy. How do you know he went somewhere without the supervisor/father? You have to at least be legitimized you are naturally if you were married when the child was born again, in most states. In the eyes of the law you are guilty of one of the most damaging moral issues in our society. What are my options? Can someone be sued for custodial interference and if so, is there a statute of limitations on it? 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. Section 61 deals with child custody and state procedure. I live in Texas and when my son was 4 his father refused to return him back to me and I had to go get him which was over 200 miles away when he was to bring) and also me. If youre not sure if you need it, get it anyway and take it to court. I felt like I was fighting the entire world. Back in May she dropped off my step son at our doorstep in Georgia and said she cant deal with him anymore and for us to take him. I filed thru Hague Convention proceeding in London on international Abduction(a civil proceedings). My ex and I divorced 6 years ago, They have always had a cell that I provided in order for him to call them or them to call him anytime they want. This is a very messy thing to do and I know first hand the issue as my ex has tried something simular. For information about child custody when you're not a parent, please see information about caregivers and guardians . The Court Order is LAW and if she is not giving you what is ON IT she is in Contempt of Court at the least and possibly Interference with Custody which is a criminal offense. I was seeking sole custody, but kid has become extremely difficult and violent.I refuse to just give up on him, he refuses to go back to weekend visits, but at this time I think perhaps he should go back and we should stick to the original visitation scheduleyes, I do think this might wake my son up, but I have tried everything else. I was domestically violated by my boyfriend (ex-boyfriend now). In response my husband had them have her sign an affidavit saying that there were no children between the two of them. I dont think its unreasonable to meet him halfway to exchange the children between you. But all of this depends on the specifics of your own case. back to AZ. I sent them to Louisiana in 2008 to visit and he got temporary orders without my knowledge. In addition, for past 3 years.everytime she comes home shes in tears (countless recorded video/convo).he never wants to go back because hes mean to her. his eyes to know how much we have to share together. I pray a lot. I have sole legal physical custody of my son and I allowed him to go live with his dad and stepmom to attend a better school. 3 During these abductions, the children were taken against the custodial parents' will by the noncustodial parents to retaliate against their ex-companions; in such cases, the perpetrators may . The father of my child refused to give her back to me then ordered a suspension of my time share pending a dcf investigation. Legally you cant do anything until you have a Court Order. I dont text back unless its directly about our son. My daughter and her childs father have dual restraining orders. How long do I have to wait befor i can file kidnaping charges is it 24 hours after his weekend visitation end 48 hours and someone was right befor when they said the cops dont like to get involved and its such a big problem they should start geting involved in cases like this because its not fair to the child or the other parent to have to deal with it. Ex.The parent wouldnt teach their child those things but quite the opposite and the only reason they want that child in there life is to hurt the mother and because they fear being all by themselves. I had to stay in jail for 26 hours before bond was set at 2,500 dollars. Both parents are equally important. my question is. So i have to go, now im worried. He beat up his 7mo pregnant girlfriend at the time so baby that they baby almost died!!! They did not care about that though. I was supposed to finish my anger management in 2008 but was unable to and now I am four classes away from completion. I live in Tx but my ex moved to california. I would just document every time So I freaked out calling both of them until seven thirty, at which point I called the police for kidnapping on Symone. We have no custody paper work established in the court of law. My sons mother placed him into a charter school without talking to me about it first. Please note the same principle and school was doing this prior to our divorce as well during last years school year and I addressed him about the situation at the beginning of this school year to assure that the ame things would not happen this year as well, which was okay until just recent. but she gets away with it because she a paralegal really. Nothing at all. Now there is a man who I dont know who is living in her house hold around my 2 year old daughter. It will be an uphill battle but he has to show that she is and has violated the order. Can the custodial parent still charge the non custodial parent with interference? What can I do ( i have tried reasoning with him) to avoid financial and emotional stress? If enough of these motions get filed, the court will see red flags & possibly change custody. Homework was done , she was fed and i was at ease while worked EMS. I am lookn for a lawyer he has hx of alcoholism, previous and current dui. State of TX- Texas has similar laws, but additional stipulations. Go to the police in your area, file custodial interfrence against her an investigator she pursue it further. It has not even been 2 weeks and my 16 y/o says he wants to stay there. 6.4 (c) To consult with any person who may provide care or treatment for the children, and to inspect and receive the childrens medical, dental, psychological records I am currently filing a motion for more time, well see what happens, but I wont give up. If there is nothing glaring male a petition to the judge to overturn the current order. Try I have tried to offer to pick him up and my son will call her to see if its ok for me to pick him up but she refuses. What about aunt restraining a nieces daughter? I live in Idaho and she is her for the summer. Remember I have sole custody. Could I be arrested if I keep my children longer than the divorce decree says if my ex wife and I had a verbal agreement for longer time but now she doesnt want to abide by it and I made plans. Im in Ny. He further assumes that he and the school board is covered under our court order, which they are not. He might need some counseling, but he doesnt need to be locked up with all the attempted suicides! Thoughts? he keeps post poning our custody case until after his drug case has been heard. I hope this helps and keep us in the loop. Why would you ask a 6 year old that question. Then when i went to press charges for custodial interference with the state police they ran my ID and a warrant had been issued without me ever being served a single document or complaint for phone harrasment because i had preveiously texted her and asked if i could see my son. We dont even know where she is and what they did with her. Since we live in 2 different states, custody and visitation was not in our divorce decree because the state Im in has jurisdiction over the children and our divorce was filed in the state he lives in. 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. He contributed his entire 401k account to three years advance child support. The court would never enforce her to get mental health treatment. I have filed all the motions in court but i wanted to know if i could file criminal charges on his wife for taking her without my consent. I have finally talked her into letting me come see the kids. There are other instances when one of the parents violates the custody or time-sharing orders, and their actions cannot be justified. In certain situations, custodial interference can escalate to a state or federal charge of parental kidnapping. Cps became involved and informed me that they suspect My sons My exs mother also lives in Peru but in a distant city, and it is worth mentioning that that city has had mayor flash floods and slides which have destructed some of that city this past summer (winter there), making it a dangerous place to be at. The other parent may be present, and they may have a lawyer present. My ex wife is refusing now to bring my son half way for my visitation time. and also wouldnt that make them FELONY CHARGES FOR A SECOND OFFENSE IF FOUND GUILTY? There is no real set schedule for visitation. 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