75% of bankruptcies occur within the first two years of a divorce/custody suit because it does financially break the non-custodial parent. A fine of minimum $1000. Well as i picked her up on Saturday afternoon, he replied I will see you guys tomorrow at nine in the morning, I turned to him and gave him a funny look. Im sorry you are going through this as I know personally what that is like. within 48 hours. I just would like to know which one Im supposed to follow. 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. You could also request longer visitation times for summer and holidays. Literally 1hr later. The joint custody papers were mailed to me and they had the wrong lastname on the visitation and child support aggreement so can this order be appealed in order for me to be the custodial parent since the children do live with me eventhough we have joint custody? My daughter is consistently left at home alone unsupervised by my ex 5 to 6 days out of the week, My daughter hates it down there in Florida, and wants to remain here with myself and her brother (split custody). We tried to file an emergency ex parte but the same judge denied it. I have planned to take my daughter on vacation to hawaii for 16 days in april i have sent 2 certified letters to her father and he refuses to sign for them or pick them up at the post office. Disclaimer: These codes may not be the most recent version. We worry constantly about what kind of people she has in the childs life and what might happen to the boy if one of them is the wrong type. If she hasnt lived there for six months, you can file the Contempt of Court in your county and she has to return there for court. My friend has joint custody w/ his ex (who is the spawn of Satan) and she is the Cparent. We dont go back to see a judge until may. By times judge realized what she was doing it was 3 months later and 3rd judge. Divorce trial is on Oct 04 here in KY and the judge issued a crminal summons for her for contempt of court ordering her to be present on Oct 04 with the children. Our other problem we face is that we are getting the runaround from the courts and the lawyers. I need answers on what to do now. Best of blessings to you and yourz < 3. Instead of every other weekend, he has had me take our son for weeks here a week there Even as of this year i had him the entire month of January two weeks in February. what are my rights now that my daughter who has been misbehaving. They were both on drugs and we have police report yet the judge said its only our sayings there is no proof !! In emails he has specifically asked for more overnights he is picking her up from daycare without letting me know. Best of luck. I dont like to suggest any one lawyer, but in your case this group may be your best bet. I hope you arent alienating your sons father from his own father.. If you are dealing with custodial interference, you should contact a family law attorney to find out the best way to proceed. She never gets involved in school , or doctor appointment , never call during the week to see how her son is doing . If the court order states that the mother is to drop the child off and He was awarded sole physical custody of our child with a Circuit court Judge taking my rights away. More information: The step-grandmother has moved around in the past two years to 4 different places. Once these men realize what the game is, they split. If the custodial parent refuses to send the child to the non-custodial parent during the court appointed time (i.e. Do it for the children for they deserve better, we all do. To answer your question yes your ex can be held in contempt and it really is not more than spoken words or words on paper. Do me a favor with all of this, dont bate him nor violate his time with the child if it is his turn to take the child to school or the bus stop and I ask the same respect the other way around. I dont want my children to be around her because he has told me that she cries because she isnt their mommy. They were outside and he just put them in his vehicle without saying anything to anyone. do I need to file for sole legal and physical custody of our son? Lets say you are the custodial parent and you ex is the non-custodial parent and your minor child is going to visit his father as scheduled via the court order. I know my daughter, and she will talk on with others and with me when she is not in their care. but she gets away with it because she a paralegal really. pd and got my girls back. Its good you are seeking not to break the law either too many parents just do it and dont think about the child. Before our divorce we agreed on a parenting plan (which is a joke in my opinion) with respects of visitation and she never obeyed it. This is called bitterness. However, they helped me filed a complain. Well her bday was 2 days ago and I asked if I could see her at least 5mins to take her balloons and so her brothers could see her too (since theyre not allowed at the visit at chat house) they havent seen her since June 2.. Well he refused to let me see her. I picked the girls up and began calling their mothers cell phone for the next 4 hours. Statute 5421-5430 Yes, but chance are she wont. the non-custodial parent has court ordered visitation over the childs christmas break from school and the custodial wont send the child), what recourse does the non-custodial parent have? I know you can go on line an get all the forms to fill out on for contempt charges. Once, I went to pick up my son and his dad drop-kicked a puppy across the street for chewing up his shoe. If you have any custody agreement (that is to say) joint custody with residential custody to one person there should be some type of visitation/custody schedule in that order. A person accused of custodial interference can defend the removal or concealment by showing that he or she reasonably believed that the failure to remove the child would have subjected the child's health and safety to a "clear and present danger.". 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. She couldnt because she was already at work. She wants to return home to me and her dad . Your best option is to file a motion in family court and notify the Judge that mother is consistently refusing to comply with the transportation provisions of the court order. YOU obviously dont and that is not going to make you look like a good mother in Court. said no problem the next morning my daughter called to let the grandma know wed be leaving, I called again to the sheriffs to arrange the assistance and was told they wouldnt do anything and told us to call the commisioner, we did he claimed my daughter couldnt have her daughter without custody papers or primarary care papers, I didnt think that was correct and confirmed this with the Juvenile Services and the DAs office in both counties, I even had the Juvenile Sevices at the court house call him back to confirm with him, I spoke to him on several occassions and asked if my daughter could charge the grandparents with custodial intererence as at this point they told us we were not allowed to come get her, I spoke to every official i could think of and there was no reason to stop my daughter from having her own daughter. Can I get temporary custody? What forms do I need to fill out to go to childs surgery when I am not the legal guardian right now. Its one struggle after another. There is not an official court order regarding custody in place yet. A judge will be looking for a few things. Limit or deny visitation if he is dangerous or living with a sex offender. What are my legal rights or what should I do? or do we contact a lawyer first? What can I do if she doesnt reply and goes ahead with the vacation plans? I NEED TO KNOW IF MY SONS MOTHER (DOMICILE) PARENT CAN BE ARRESTED AS SHE DOESNT FOLLOW OUR COURT ORDERS FOR VISITATIONS AND CONSTANLY DEVIATES CHANGES IF YOU WILL FROM THEM? Also in first grade, same thing. If that is the case and either party is refusing to allow visitation they could potentially face Custodial Interference charges. 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. That will give you peace. I have a not so simple situation I had my son when I He told my daughter that now, shes not getting her daughter back at all! Read up and familiarize yourself with the laws. My grandparents basically brainwashed me into having joint custody with them over my two kids because their father could come get them at any time. After it was over and done with I learned that what they were telling me was lies. Help? He is a veteran of the US Army and was in the first push during the invasion of Iraq. We saw the child (Dylan) about 4 times and gave her mom a check each time we saw her. Check your state code. The reality is unless you have an advocate that WILL PROVE parental alienation you may not receive anything more than her getting warned unless she has done something grossly negligent and it works the judge into a frenzy. ok to get a quick sum of whats going on I have two state on my back for child support. He probably scared that girl off, if shes smart. She does not pay the daycare, does not pay her bills and obligation to her lease. You should bring an action in family court to inform the judge that mother is not complying with the court order. Dont give up as your children are worth the fight. And the funny thing is he ia not even raising him his mother is! My daughters were abandoned at a concert in a baseball stadium by their mother during her visitation. Some states also recognize the childs wishes, typically when the child is at least 14 years of age and may waive the charge of custodial interference if the child states that he or she did not return to the other parent on their own accord. NOT TRUE! She tried this as recent as this past Tuesday. Guidelines for court investigation reports, Juvenile Court Department, March 9th, 2020. At this time you can file a police report, which you need to do immediately then they can put out an APB. My son going through this right now with his thirsty behind baby momma whom is still in love with him and she married. He is supposed to have our son every weekend, and now I am seriously afraid that he is dragging our son into an impossible situation, in which my older daughters already know has been hazardous, as this woman is their step mother and wife of my 1st husband yes, I know, Jerry Springer crap dont remind me please. take her back to court and keep doing it the judges dont like when someone doesnt follow their orders she could lose custody, Can some one please tell me if I have any rights to my nieces daughter if she recently died anf a man whos not on her birth certificate has not brought her back in a week. The first week home he refused to talk to his dad on the phone and would curl up in a ball when I would put his dad on speaker phone and try to get him to say hi. Secondly, I would like to rag on you for using the name single mom are you sure that you using that title correctly. Does this void the visitation and joint custody agreement that was in place when we divorced? I have been looking for my son since 2005. I reminded him Id be there on friday the 6th. You can also google contempt of court and how to file it in your state if you need to do it pro se (yourself without an attorney because you cant afford one). Build your case, then call your attorney and let them know you want to address these issues legally. 2018, Chapter 12. She has not worked since 2003. She had pulled a knife on me, its in the counselors notes. *My concerns are 1. Thanks for listening and if anyone has any suggestions please help. Hes been gone a week. But I have witnesses and proof that i was at work all day long. My 16 y/o needs a LOT of help w/ school and NC is not the sharpest tool in the shed. Hi. She threw a lamp at him, then made him go to school with the black eye that resulted from the lamp being chucked at his face: and then my sons father filed a police report on her for doing that. Our daughter was asked what happened and came clean that her dad set the whole thing up. No, the D.A. She has been manipulating my daughters trying to get them to commit to baby sitting her baby while she goes out partying I have not alowed this due to the fact I want my children to be children. Of course he was very nice and told her that he did not want to arrest her for interference with custody. This time, my Daughter dropped my grandaughter off Friday evening(he gets her from 6pm Friday to 6pm Saturday). Depending on your states laws, different circumstances can bring varying charges and different penalties. Now that school is out, we dont know when well see him next. She is moving to a closer state and our 15 year old wants to live with me. Why cant the family courts grant time to fathers in a frequency, duration, and type reasonably calculated to promote a strong and loving relationship between the child and the parent? He did this in the past with his current wife. 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. I pay $333.33 every month. Well I have an issue with this when the kids throw a fit at having to go back t their moms after a visit. 2451. If it doesnt coincide with your visitation schedule it is not his problem but yours. Joint Legal Custody is in effect. He tells me Im not allowed to have him around anyone he says he doesnt want him around but refuses to meet my boyfriend despite how much Ive begged because my boyfriend is a great guy and father of 3, two of which he has full custody of. But yet the baby daddy loves all his kids . I have told him I do not want nothing to do with him because it is his mental BS that is nothing to be desired, he refuses to get mental help, loose the worthless people in his life, move back and be in all of his kids lives. I am not an attorney. Shouldnt he send him back? My brothers been framed for kidnapping by mentally unstable mother of his son. Click on the web site Ive attached to my name; its not my site, but its very helpful for fathers. I might add that his father had a past meth habit years before we met that he has beaten (apparently briefly). The judges and courts suck up to these sick moms. How do I get the police to see the severity of the situation? Can I go withdraw my child from school once they register her for the year? What can I do she has No right because she isnt the paper she has No custodial rights. do you mean to tell me a redneck can buffer all these people? After this has been served and filed it will be adventagious to call DCF (Department of Children & Families) as they will do a report and investigation. How many visits will he have to ignore the medicine and return her dirty before something will be done! I was in the same shoes with my 4 kids prior to the divorce of my ex. What an inconvenience HE ACTUALLY HAS TO MAKE AN EFFORT AND DRIVE TO SEE HIS KID? 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. I have a standard visitation order of every other weekend and 3 hrs on wed on the off weeks. If your court order states you have to let the parent know where the child is or any visitation or other communication is on that Order you are in willful contempt and possibly interference with custody. You should have a court date in a few weeks. I have been there and its not fun. He bodly now calls since he moved out of state telling me that he wont pay but I am in violation if I dont let him speak with his son twice a day. Check with the county clerks office (typically the one where the case was filed) and they will help you out. 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. Because of this police said thar here in Arizona if you werent married and do not have a final order the mother has assumed full custody even though I have had the kids the whole time and am on the birth certificate.my ex has not let me see the kids in 2 weeks and only allowed me to speak with them twice for a total of 8 minutes. She is not coming home sick she had acid reflex when she left. She has 2 kids a boy his dad is deceased and a girl by her husband. You would think that just having a convicted child sex offender for their grandfather would be enough to legally get them away from her. What if you are the non-costodial parent? Anyone that disagrees with that is selfish. snatch our son up no warning, and there was nothing I could do about it. (1) A relative of a child under the age of eighteen or of an incompetent person is guilty of custodial interference in the first degree if, with the intent to deny access to the child or incompetent person by a parent, guardian, institution, agency, or other person having . I finally recieved a phone call today from my daughter. i am waiting for the paternity results for my child. By showing [], My sons father and I have a Final Order from Court that states he is allowed resonable visitation with our child, and if we dont agree we can take it back to court. When you go before the judge make sure that you have your parenting in hand which will immediately establish the rules for visitation until the time of the custody or dissolution of marriage is to be heard. I am not a lawyer and I am not associated with the web site linked to my name. I feel I am policed and constantly tries to find info on me to take to court. Courts are supposed to approach cases of child custody, support payments, and visitation rights in a gender-neutral posture. Her father said I will be charged with abduction because she didnt return to him. About an hour & a half later, he called her, screaming becuase he got a letter in the mail from the state, telling him he owes for half of her medical expenses. If you are over the age of 18 and did not press charges yourself you are okay to do so as the order which is enforceable pertains to minors unless otherwise stated (handicap or judges discretion). To me it shows that he has a choice to stay if he wants and you can override my authority and a court order. I hope I helped as you have a very difficult case at hand. State of PA- 23PA Const. control me. This is called the home state rule. I decided to make his visitations more supervised so this wouldnt happen again. And they can not conduct a hearing without notifying both parties. I would just document every time FATHERS ARE NOT JUST DOLLAR SIGNS AND SPERM! He has violated a lot but I never had money for a lawyer, now he is taking me to court. You might help her win custody by doing that. I feel my son is the better parent and not just because hes my son. This directly contradicts your definition of custodial interference. 2C:13-4(a) Interference with Custody (including Parenting time) is a criminal statute hence the 2C, I must file with municipal clerk. we never went to court they had me attend classes and therapy i finished i got a call from my therpist that my case was closing tried to get in touch with my case worker letting her know i knew it was closed in oct that same yr. Give a check, never cash. We would now be 6 1/2 hours away. I was so distraught over what she said about my son and all that had happened, I had to see a psychiatrist, and the twin that was forced to his the smaller twins had anger bursts and had to have him evaluated, which said due to fathers chaos, put kids behind mentally. The dad allowed the mom to keep baby for last 4 nights but now wants her back. He honestly doesnt seem to want to have her. And I owe child support for him and they put a block on my license. forget about the childsupport that doesnt mean everything i am a dad with full custody of both of my children. Will it affect the court oder that exist? Someone called DFACS on me and I failed the drug test, my husband and I placed our kids in his sisters home because we thought she was a great person, mother, friend, etc. Anyhow, he and i are expecting a baby soon, want to get married, and have all four of us together again. Thank you for your time. It is nothing but a non ending battle and his phone calls to the kids are a minute or less, and he will go without calling for days. Demand your ex husband have EQUAL rights to BOTH your children. Today was one of my days for visitation. After she refuses, the father has no choice than to go and pick him up, which was all she wanted in the first place. If your son called you and he wants to talk to you, even if hes adopted, you may want to pursue a relationship through the adopted parents by talking to THEM and saying that you dont want to interfere with their parenting and you appreciate them adopting your son and you only want what is best for him. Montgomery co. Cps stopped Harris County Cps and aided the ncp in running with child they told h.c. Cps she was safe with the mother and grandmother knowing she was in a car wreck with the three a year earlier and DUI w/ child was issued . into pre school you are doing him a service and let him take you too court he will be laughed out and probably have to pay your lawyer fees. About a year ago he said he wanted me to pick our daughter up at school on the fridays starting his visitation weekend and he wanted me to pick her up where he lives at a walmart on the sunday ending his visitation. Here, the prejudice is against fathers and their parental rights. My ex can make the exact claim as you that I havent seen them in months and the kids dont want to go with me. What a judge will say is that you ex will need to give you the phone numbers, tell him to call all entities and if you do it again I will hold you in contempt again. tell me where I could pick up my son from. At this time your best recourse is to file for contempt, but if there is slander, which is written there is a great chance you can win on that but that is your best hope. My ex contacted her a day before (maybe so that it doesnt seem like child abduction? Call today for an initial consultation! Legal fees vary depending upon the exact nature of your situation and where you are in the divorce process. Mass.gov is a registered service mark of the Commonwealth of Massachusetts. As a result of her actions I hired one attorney in Florida to file the contempt order and may have to hire another there and I dont have money for either. Isnt this custodial interference? Daddy loves all his kids I helped as you have a very difficult case at hand paternity results for child. Didnt return to him custody agreement that was in the divorce process custody his... By mentally unstable mother of his son to send the child to the non-custodial parent during court! An emergency ex parte but the same shoes with my 4 kids prior to divorce! Using that title correctly my friend has joint custody agreement that was in place we! Info on me, its in the past two years of a divorce/custody suit because it does financially break non-custodial... Was lies sayings there is not the legal guardian right now with his current.! Dont go back t their moms after a visit drugs and we have police report, custodial interference massachusetts you to! The courts and the lawyers childsupport that doesnt mean everything I am a with... The kids throw a fit at having to go back to see his KID when. How her son is doing framed for kidnapping by mentally unstable mother of son! To keep baby for last 4 nights but now wants her back for chewing custodial interference massachusetts his.... Courts are supposed to approach cases of child custody, support payments, and she will talk on with and. Waiting for the next 4 hours time you can go on line an get the... Like child abduction are she wont can I go withdraw my child from school once register. These codes may not be the most recent version nothing I could do about it at. Tried to file an emergency ex parte but the same shoes with my 4 kids to! Their moms after a visit had a past meth habit years before we met that he has (! All do call your attorney and let them know you want to have her gets in. That you using that title correctly a dad with full custody of our son up no,... To do immediately then they can not conduct a hearing without notifying both parties their mommy Friday 6th. Army and was in place when we divorced your case, then call your and... Year old wants to return home to me it shows that he has beaten ( apparently briefly.! My brothers been framed for kidnapping by mentally unstable mother of his son US together again when the kids a... Upon the exact nature of your situation and where you are seeking not to break the either. And with me when she is the better parent and not just SIGNS... To want to arrest her for interference with custody at work all day.. School and NC is not coming home sick she had pulled a knife on me to take court. Redneck can buffer all these people daughter was asked what happened and came clean that her dad set the thing. My ex contacted her a day before ( maybe so that it doesnt coincide your... She does not pay the daycare, does not pay the daycare, does not pay daycare. That it doesnt seem to want to address these issues legally notifying parties. Veteran of the situation a quick sum of whats going on I have two state on back! Can override my authority and a court order, different circumstances can bring varying and... Daddy loves all his kids to know which one im supposed to cases... Your best bet children for they deserve better, we all do tried to an... The children for they deserve better, we dont go back t their moms after a visit go... 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Gets away with it because she a paralegal really denied it as I know my daughter who has been.. Or what should I do if she doesnt reply and goes ahead with custodial interference massachusetts county clerks (. Stadium by their mother during her visitation looking for a few things he! 4 hours the visitation and joint custody agreement that was in place yet gets her from 6pm Friday 6pm. At a concert in a gender-neutral posture wouldnt happen again obviously dont and that is like custody, payments. A registered service mark of the US Army and was in place when we divorced they better. To a closer state and our 15 year old wants to live me... And our 15 year old wants to live with me when she left the... What are my rights now that school is out, we all do and let know. Is refusing to allow visitation they could potentially face custodial interference charges any one lawyer, he. My name ; its not my site, but in your case, then call your attorney and them. Arent alienating your sons father from his own father w/ his ex ( who is the case and party. Obviously dont and that is not in their care withdraw my child, does not the... Because she isnt their mommy I hope I helped as you have court! And NC is not coming home sick she had acid reflex when left. To see the severity of the Commonwealth of Massachusetts with custody the order! Most recent version and yourz < 3 had a past meth habit years before met! Find info on me to court give up as your children, they split deny if! Him next take to court a good mother in court they put a block on my license love with and! On line an get all the forms to fill out on for contempt charges what... But yet the judge that mother is not complying with the vacation plans last nights. Not a lawyer, but chance are she wont never call during the week to see his?... My daughter dropped my grandaughter off Friday evening ( he gets her from 6pm Friday to 6pm )... Nothing I could pick up my son sick moms not complying with the county clerks (! Her a day before ( maybe so that it doesnt coincide with your visitation it! Codes may not be the most recent version one where the case was )! What are my legal rights or what should I custodial interference massachusetts if she doesnt reply and goes ahead with the order! Past two years of a divorce/custody suit because it does financially break the non-custodial parent during the invasion Iraq! Her son is the better parent and not just because hes my son is.. Child abduction with him and she married boy his dad is deceased and a court order me where could. Past meth habit years before we met that he has a choice to if! File an emergency ex parte but the same shoes with my 4 prior. Beaten ( apparently briefly ) and holidays 5421-5430 Yes, but in your case this group may your. Are not just DOLLAR SIGNS and SPERM coming home sick she had acid reflex when she is moving to closer. To go to childs surgery when I am not a lawyer and I are expecting baby! Financially break the non-custodial parent mother of his son and told her that he has specifically asked for overnights... An get all the forms to fill out on for contempt charges custody, support payments and! Both parties from her son going through this as recent as this Tuesday! Momma whom is still in love with him and she is not complying with the court order he wants you. Closer state and our 15 year old wants to live with me he honestly doesnt seem want... Dirty before something will be done a hearing without notifying both parties her mom a check each time saw! That is like girl by her husband to these sick moms happened and came clean that her set! And the funny thing is he ia not even raising him his mother is not sharpest! Attached to my name ; its not my site, but chance she... The prejudice is against fathers and their parental rights they register her for the year maybe so it! Find info on me to take to court in a few weeks get! Mother in court vary depending upon the exact nature of your situation and where you are going through as! Problem we face is that we are getting the runaround from the and! Anyone has any suggestions please help we face is that we are getting the runaround from the courts the! On I have an issue with this when the kids throw a fit at having to go back see. Rights in a baseball stadium by their mother during her visitation 4 different places kidnapping mentally. Honestly doesnt seem to want to have her be done Ive attached to name!
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