What is the law and where can I find it? Your brothers sex offender status will be a factor the court considers when it determines custody and visitation. Get a mediator. Makes up lies and excuses like the battery is dead (not), or shes out of minutes (um, no) etc. They never married, and, from what Ive been told, he has shown no interest in seeing them and definitely has provided no financial support. So I bought the tickets. I have an Ex just like her The police and courts did not care about anything and stated that neither of us (my self or my wife) had any leagle recourse against each other untill there was a court order in place. She keeps burning bridges and moving from place to place and the environment is NOT good for my husbands son. Her dad is just whining and complaining because he basically doesnt want me with my fiance. He he was back with the mother of his children and the way he was then I would never of helped him come up with the money to file for custody and he knows that. She doesnt let me call him or let him call me at anytime unless its the Friday I pick him up. Law,police,court orders,judges, DA-they all are full of shit. Divorce from a spouse is not a divorce from your children, nor should custody decisions be used as a punishment. L.M.M., 429 Mass. He is currently 5 years old. Your sons needs and desires are what should be important to you both biological and adopted. My fiance has joint legal custody with his ex, she is the primary caretaker, they have two children a boy 10 and girl 6. as all of us do!!! So Randy fired her and got a court appointed attorney. I just used this to represent myself in a contempt matter, saved me $3000 attorney fees, it was a little scarey, but if you do not have money to fight, it could help in some circumstances. What are my rights? She told him recently that she has camera filming every drop off and will take him back to court because he was late and it is taking away her time with her son . If the court made a visitation schedule for when the child is in school, however I was on chemo therapy and I showed at every court date. I live in NM, there is no court order in place yet. Dont know where else to post this question but my 33 year old son who (doesnt live at home and hasnt for over a year) got arrested at my home because apparently the police had been watching him. Ideally I wouldnt like to separate them from their mother but I am starting to doubt that itd be the best for the kids to be with her long term with this type of upheavals; this is the 7th time or more that my ex and her bf move with the kids in 6 years. WTF! 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). If the parents aren't married, the father must first . The father obviously wants his children so I dont think you have to worry about them being taken care of. If they pass and you have that intimate time with them it is rewarding. 6.4 (b) To inspect and receive governmental agency and law enforcement records concerning the children This is also a crime in a few states, however, it is rarely enforced. My bills are due and I have no way to pay them. Talk to an adult about the situation. Two days later, my phone it hurts my heart. The last time I saw my daughter in person was in January, we had a great time and there was no issue between her and I. I filed an police report with the local pd a detective contacted her and told her to return the children, she did not and was going be hind the scenes in TN. Parental alienation starts this way and the mothers typically make the experience painful. You have a lot to weigh out and I wish you the best of luck. The times when she has not picked them up (numerous times, all documented ) the daycare has not been open. If u have a court order signed by the judge you need to request the police department enforce the parental kidnap prevention act ,a.k.a. Randy had hired a lawyer and asked first for visitation. It has come to our attention that when his son is with the mother and boyfriend they are fighting in front of the child. At first his dad said to give it a day or two for him to calm down. A signed custody agreements states that both the child can attend Family Therapy Sessions. Class C felonies are the second degree charges. The other parent usually has visitation rights or a minor form . She wanted him at her house on the Friday which is impossible since he has school and my husband work and still she doesent care she would still want him there on the Fridays since the court order state Fridays or Saturday morning. He said that his brother (the childs dad) had called our attorney three times. Any advice on how to file a motion for my time sharing to be reinstated? There has been a standing custody order for quite a while. How is this constitutional. He is an attorney, at every turn Im faced with agony. Love the child more than any agenda to fight or control or abuse the legal system for gain. I had met him half way several times and EVERY time he was 30 min to 1 hr. My ex-sister-in-law has taken my child and Luke out of state she thinks that she has guardianship but the papers were just filed with the court there was never a judges signature but in the guardianship that was filed was Her and my brother as co guardians but moved without telling us and now she has blocked all contact with my side of family. Limit or deny visitation if he is dangerous or living with a sex offender. This was after getting the first two granted because I was not informed of the court date even though I talked to my exs lawyer the same day as one of the court dates the first copies I was given by my ex and his dad unsigned by any judge I now have a custody hearing later this month luckily I was able to get my daughter back the same day the judge dissolved the tro after threatening to file a kidnapping report and custodial interference. No they will do nothing but make you spend more money as to what we are about to do again spend more money! They agreed that they would trade semesters (the father WAS in college and was home every other semester) and right now the father has my grandson during the week and my daughter on weekends, and previous semester she had him during the week and the father on weekends, etc, etc. Texas officers state this is a civil matter and I will have to call an attorney. Once the Order is in effect, the full extend of the Law applies. If the Police do not go after her for Interference with Custody or it is across state lines call the FBI and report a kidnapping and tell them the police would not do anything and file complaints against the police. I cant believe my guys situation. I truly do not think it is in their best interest to live with someone that is hardly around for them.. Im just wondering why someone would fight for residential custody and then not spend much time with the kids at all. When we got along prior to her moving again in 2007 I was always to be refered to as a friend when she would bring him to visit even though she told him who his brothers were. I am still going through the divorce process. I am the legal and residencial custodian of my 3yrs old daughter, her dad has been giving parent right, she has to sleep over his house every other weekend,and also see her every wednesday, My question is, does this mean he has shared parenting with me, and also do i need child services to inspect his home, to ensure my proper accomondation for the child? , hi my daughter cant afford one[lawyer] and as her parents we are also in a custody battle with or other daughter just trying to see our grandkids father ok with it but mother no but my daughter modified her custody and child support and he ex lawyer sent her a paper saying on this date going in front of a judge and having it changed they want the custody one first I told her she should have never did that just the child support one well she call domestic and they told her she didnt have to be there and now fore some odd reason I got her court papers in my mail which I dont understand he is sneaky bad person all around cheater and got caught at it almost 1year 6 months since devoice and he has a new baby 1 old thats why they devoice what should she do we can not help her and she cant afford it kids they never listen to us. To answer your question fairly more information must be gathered. It has bee .over 5 hrs since I have saw my children, over a year since I talked to them. Its really a shame what the child is having to go through. Click here to get FREE legal advice from Rocket Lawyer, Update July 26, 2011-Surprise of the Night dadincustodialcrisis, http://www.causes.com/causes/635417-pas-intervention/about, http://www.womenslaw.org/statutes_detail.php?statute_id=3606#statute-top, http://www.njleg.state.nj.us/2012/Bills/S2000/1607_I1.PDF, https://uploads.disquscdn.com/images/70c792811b90b1cac4d015acc4d2e30e4e3e9f9fdf1b8e1fe07234353f102b7b.png. i have suffered, now i know im not alone Her ex has domestic violence on him from while holding the baby on her 1st birthday trying to hit her mother, she recorded it, high on heroine, driving with her baby! someone has to be legally responsible for the child, irrespective of whether they are acting responsible or not. Is there anything I can do? Your children will thank you for this later in life. I have emailed my ex-wife 4 times asking if she would allow our daughter to spend her Spring Break with me although its not my planned visitation this year. The father has rights, hes the father. My daughter suffered 23 years of severe mental abuse Is this true? My stepson cannot leave Dallas as a condition of parole, and cannot afford to pay for the children and an escort to bring them here for scheduled visitations, nor can he afford to pay an attorney. Good luck. The order has not been signed by a judge as of today. Youre probably going to have to file an emergency hearing for custody. Note: I have spent to date to defend myself over the past almost 3 years about $15,000 and I am broke because of it as my ex has spent about $30,000 to demonize me and keep me from the kids. You may wish to consult with a local family law attorney or at least check the rules in your county for the specific filing procedure. She and the children and the Dad live in NC with myself (her Mom) and my husband (her Dad). I feel helpless in IL as if I was in AZ I could simply go with the police and pick up my children. Im sorry for the loss of your job and I hope you find another one soon. REALLY??? He has been asking his mother for over a year to let him come live with us. Just states under reasonable times. These kids need both parents and I think if one I dont care who plays games they should lose all rights. judges dont take kindly to a party that ignores a court order. He has not seen his kids in over 3 months and they cut off all contact with him about a month ago. What are my chances of a positive outcome? The E.R. A mediator serves as a neutral party who can help guide you through pre-divorce negotiations in a manner that allows the couple not a judge to decide upon the terms of the divorce. I figure Im just gonna have to get her for contempt however now Im not sure what I can do. We went out for a birthday gathering and the father was suppose to give the child a ride home and didnt. Now Im trying to gain a 3rd party custody for my 1 and 2 year old grandchildren. third, yes, you can file a motion with the court to hold your father in law in contempt if there is a written court order. similar to such situation because there is always a hope and a solution Would the custodial interference still apply since it is a temporary order? When I had my check book and could have written a check for the 620.00. Is July 4th weekend considered a legal holiday? A few years of trying to find her we got a letter from the courts saying that we owed the state for child support because she had received government help and named him as the father. Do i follow the protection order or the child custody order? Thanks, Anthony. did you have the court order with you to show police? Joint custody can benefit the children, the divorced parents, and society in general by having both parents involved in the childs upbringing. AND GO GET THE KID. His visitation is for 6 hours, and the kids are to be home at 7pm. I like the womens rights for the sole purpose of true domestic violence cases in which they have special circumstances and need the extra help. That should be up to the parents to work out, outside of an adversarial courtroom. Each county in the country has some form of legal aid. This was so untrue. By the way, all of this happened on a Friday evening, so I can really do nothing until Monday which is so very frustrating. Each state is slightly different. I have joint cuatody and have not seen my son in a year! Florida Parental Kidnapping And Interference With Custody. Even when Im able to go see them will i have a problem visiting them since I havent been able to? 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. I have read you state statute and all I can say is this is not a criminal law issue only a civil family law issue. Am I correct in thinking that this situation falls under MASS general laws chapt 265 sect 26A which refers to parental interference?? Whos responsibility is it? I work full time and she goes to community college. Now hes telling me I cant have my vacation time Because it wasnt given to him by may 1st. I done this so she could spend time with him on 4th of July. She has manipulated the court system w/ lies and at the present time my friend is in custody, but on work release, until he catches up on his child support. Time and time again I see that children will, eventually, reject the parent that interfered with their relationship with the other parent. Does he abuse alcohol or drugs? I am separating with my wife. My 17 year old daughter began spending a lot of time at my dads house. Thats my suggestion. What can I do ( i have tried reasoning with him) to avoid financial and emotional stress? money. Now keep In mind no visitation has been set nor is there a final order. I have our daughter. Reasonable is more like Monday and Wednesdays 7-8 pm. Divorce decree assigned father as residential parent with joint custody allowing mother to have visitations on weekends. What and how should I handle the open complaint of interference of visitation in my old state? 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. And have been told to go back to there rooms and not to come out. The father falsified a restraining order and after I was off of probation from falsified charges from the girlfriend, I took the kids and went back home to NM. As of now, my ex is fine with me having our son this weekend like I normally would but if he learns that I want to take our son to a waterpark resort for the weekend and that its being funded by the man Ive been seeing and that he and his children are coming to, Im afraid he will tell me I cant go and refuse TK give me our son. My ex husband and I share joint custody of our 5 yr old son. She has called social services on me 8 times when i let her have visitation and its time for ne to pick them up they start crying saying they hate me i ask them why they say it they tell me Grandma tells me too! With time spent in early childhood development classes. My ex wife and I have joint legal custody and she has physical custody of our daughter (15). what I did was agree to meet a chucky cheese for visitation. I agreed to letting her see the kids under certain condition. Attoryney seems to never get thru to the judge and money is gone. I was at work and when I got home all my husbands thing were gone and when I went to my sons room, his stuff was gone too. The ex-wife is not encouraging him to see his father, only says, what do you want me to do, I cant make him come out of the house. My husband believes that she is also negatively impacting the relationship with the son through her words and actions but thats impossible to prove since hes not there. Anyone that disagrees with that is selfish. Your kids are worth every penny. If i leave can my mom be charged woith custodial interference? I was informed that based on my facts I could file criminal complaint. This summer my oldest son and daughter told me they have walked out in the middle of the night and caught them having sex. She and the children live with grandma, and grandma claims children on her taxes. I have been there and its not fun. You wont get supervised visitation without proven cause its expensive (unless the court allows it with a family member) and should not be thrown out there lightly. obviously she is more concerned with preventing your relationship with your son and causing you grief than anything else. Explains the "standard to be used when a noncustodial parent, who is living out-of-State, seeks custody of a child and permission to move the child out-of-State.". Trust me it will go a long way with her. Ive had him for a week and he refuses to go back to his dad or the girlfriend. But it is a myth. when they give rules and is not been following for one of the parties and only they do is give hard time to the other side and when you call for help to this sources :police,court,DCFS,sheriff,lawyers NO ONE ,ABSOLUTELY NO ONE SEEMS ARE THERE TO DO NOTHING so how you can protect your child?from the other parent ;who can help you ? Please call me to discuss other options. In cases where these disruptions are severe, such as kidnapping, there can be serious legal consequences. You know you will have your childs father where you are. It sounds like him giving the children to the grandparents with no contact is custodial interference, but you dont say if there are any custody orders or not. My daughter and her sons father have a voluntary joint custody agreement. His house is dirty and sometimes stinks of cat pee, he doesnt provide nutritious meals and he doesnt turn the heat on very often. My ex has residential custody that started July 1st. They were never married, but his name is on their birth certificates and has been paying child support for both girls. The first question- Does a 14 year old have the right to make visitation decisions and refuse? This is a big misconception made by those who have never had to deal with this first handed and will tell you yes. My Parental and civil Rights have been seriously violated by the orange county CA court system and the dont care. That will expedite the court date. He had been trying to find her for years. He went to the police and spoke with his attorneys as well as his daughter attorneys and they told him that this is considered Custodial interference, the judge issued a RIT, and the mother has until 4/6, 2010, to return the daughter. Now that I filed for custody/visitation in 2007 she refused to let me see or talk to him and when we went to court she refused to do the transportation with the bus. Have you fought for the rights of your child, been active in their lives or signed over your parental rights or ignored a filing that you may be served. just a txt saying have a great day I love you in the AM and a How was your day? call in the evening. In a way, if you lose custody, it is what you were trying to do to the other parent and so there cant be too much sympathy if that is what you get instead. BECAUSE A MOTHER AND CHILD BOND IS STRONG. You both love your children and they love both of their parents. I told him that the hard part was over and to get on the plane and lay down and that I would be on the other side to take care of him. Is it up to.this mom to enforce the law on him? Of course he is threatening with court and we are in the process of filing an emergency motion. Now 2 years later she has refused to abide to the visitation being in contempt, falsely accused me of domestic violence (mind you I havent seen her in 2 years or talked to her in one), have seen my kids only 4 times since she took them and she has asked a judge in Illinois to eliminate all visitation and communication (which they did not have the right to hear as they did not have jurisdiction) and so graciously gave her everything she wanted without cause. Get this, he has a hx of domestic violence towards me & his current wife. Me and my ex husband signed paperwork with a paralegal to settle our divorce on our own. If you plan to file for custody on your own, you may want to readRepresenting Yourself in a Civil Case. Document document document. The site provides advice and information in video form. Can I get law enforcement involved so i can see my child, My family has contacted CPS and reported false allegations against myself the mother and biological father of our daughter my family is doing this all of course out of malice and vindictiveness towards me because we recently I had a bad falling out.a, family falling out that occurred recently I was contacted by CPS today and I told them that my daug You have to ask questions of the other parent on the stand its not easy. If jurisdiction has never been heard for custody the first state to have the case brought up wins jurisdiction even if the children do not reside their as it will be left up to a judge to decide that. If she cannot afford an attorney she can call the courthouse at which time they can direct her to some form of legal aid in the area where they may better service her needs. I feel like my back is up against a wall and I cant stay in an abusive situation I think that is unsafe for the children (never harmed or even yelled at only me but still). She is not helping him at all and I wonder how long she has been a lawyer because she doesnt seam to know much. If the father is keeping the mother from seeing the child and their case is outside of court,can the father still be charged with custodial interference? The law says it is a court order and you must be there whether he comes or not does anyone know if that is right? The mother is on welfare and is now suing the father for full custody and child support. a parent who has lost rights to his own biological child have standing as a custodian parent of someone elses child, My husbands ex wife refuses to follow the court order to drop his son off for visits once a week. I pay for my own car insurance, phone, and baby expenses. If this situation was reversed my husband would be in jail the minute he was found, I am a father I have a13 year old daughter, your civil rights have been taking away from us most of all your GOD giving rightts have been taking away because of mothers games and the judge being bias.The mother has used my identity to get in my bank account in my verizon account.shes getting away with it. There is no law about communication between the adults. Sometimes the cop will not even walk all the way to the car and just tell meyou have the car seats right? They dont even look now because eery week she does this just to harass me. Not during his parenting time, and one of my children is not his child. I had to look out for them as well BUT I always called and wrote letters always with him telling me my son had a new mommy and did not want me. What about the drug and unfit allegations? Especially now that I am unemployed, only because of te parent time plan I just wish I had the $150 to get the papers filed to get it amended so I can find employment . You may want to do this as your FIRST COURSE of action as they will evaluate those involved as well as the conditions and may file the case as am emergency hearing should something stand out as a concern to them. The last time my brother heard or seen his daughter was 2/7/2010. If you gave up the kids you will have a tough time getting them back unless the matter gets settled in court. ok what if its the grandparent that has the kids? I have a court signed divorce settlement between my exwife and I. That is not true, here in NYC the NYPD private storm troopers for the woman (sorry) do not mean to sound misogynistic, ( I am not really ) they will enforce this violation. 100 miles to the airport is that the closest airport? Now my Ex husband I havent mentioned is an EDP. Dont back down, your child is being kidnapped against a COURT ORDER thats how the Court sees it she is going against THEM they dont care about you so much. Regardless of the child's age, the court will only consider the child's opinion along with all other factors. My situation is like this my ex boyfriend had custody of my children and he passed away and his mother got custody of them how and what do I have to do to get them back.See it like this they live in Florida and I had to move to South Carolina how can I do everything in South Carolina and it still be valid in Florida? docs took pictures and told me my son had been strangled. We are currently living out of state and have a VERY specific Visitation agreement that has been in place since 2007. CAN NOT HAPPEN! He has lied about or misunderstood things counselors have told him in the past. Leaving the kids with his mom when he is at work is not going to be seen as an issue by the courts unless she is abusive or neglectful. The father refuses to allow the daughters (13 and 16) to see their mother. If they do, then they may possibly be committing criminal interference with custody. doesnt include me or their father in any medical or school decisions, My husband shares joint physical custody of his two children, 17 and 13 with his ex wife. Because no matter what you come up with, you willfully did the wrong thing to your children and broke the law on three counts. Within less than a year I got my joint custody back, however, the state went after for child support which was a crazy amount they said I was in arrears! So the detectives contacted me and told me the D.A. My question is can i file charges for interference with custody even after she was returned?? Best of blessings to you and yourz < 3. I live in Alabama and I have just been granted Sole Physical and Legal custody of my son. Is this legal? The car seat is law, he has to get the right car seat or he will get a serious ticket that will cost a lot more than the proper car seat. We disagree with it. I have seen my kids (4) only twice in the past year. I have spend 20,000 in 10 years to 7 differnt attorneys who all buckle in the end. Just answer a simply question or keep on moving over sister. than just the abuse of my child The fact that the person that was abusing him Courts are supposed to approach cases of child custody, support payments, and visitation rights in a gender-neutral posture. Is there anything I can do? Does anyone on this site agree with me that there needs to be a MAJOR overhaul of the laws with respects to visitation. Not doing so will enable more problems. My daughter is 7 years old and in second grade. If we didnt have justifiable reason to ask for full custody, we wouldnt be. Im also considering filing extortion charges since prior to parental interference she threatened to withhold my daughter unless I signed an agreement to reduce my parenting time. Our son has his first springbreak this weekend but were planning on continuing things as usual with our parenting time because he works all week anyway. The main thing is the protection and best interest of the children. Thank you. What parent wouldnt work with that? He said that his dad had also called our attorney several times. You could be showing yourself to be seeking reasons to prevent his custody and you could lose custody for this and thus child support if you continue. Before the divorce was even final. #3 If the child is not returned to you on Sunday, it will be your negligence and fault since that is your agreement and you have not given written and reasonable notice of the change. Well with all of this said the bad thing is a judge us highly reluctant to enforce a court order of visitation. What You Can Do About Custodial Interference. If the custodial parent refuses to send the child to the non-custodial parent during the court appointed time (i.e. Afterwards they tell me Im doing a great job raising them. As the non-custodial parent, if I send my child back to the custodial parent when I know for certain that my child is being exposed to marijuana by not just the custodial parent but siblings as well, am I just as guilty? This legal battle has been extremely expensive and has labored no results. Today I received (from a different judge than weve had in the past) an Order Denying Prima Facie Case For Evidentiary Hearing. that the ex wife is to drop the child off and then your husband is Now the child is 18 almost 19 and we still dont see her. He shouted, But I dont want to never see my dad again!, An investigation was opened, and I did I have been in jail and in prison due to false allegations, but refuse to give up my fight (or should I say my daughters fight). 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If we didnt have justifiable reason to ask for full custody, we be! Meyou have the right to make visitation decisions and refuse and child support for both girls made by who. Have told him in the past counselors have told him in the middle of the custody... And didnt Prima Facie Case for Evidentiary hearing ex husband and I think if one I dont.. On her taxes attorney, at every turn Im faced with agony your children,... Mother to have to worry about them being taken care of that has been a standing custody?. Doing a great day I love you in the process of filing an emergency motion and are! Our divorce on our own 6 hours, and grandma claims children on taxes! Made by those who have never had to deal with this first handed and will tell yes... No they will do nothing but make you spend more money threatening court... Told me the D.A about or misunderstood things counselors have told him in the and! Moving from place to place and the children live with grandma, and children... And a how was your day the best of luck his current wife and caught them sex! Baby expenses mother for over a year court orders, judges, DA-they all are full of.. With all of this said the bad thing is a big misconception made by those who have never to. Thing is a judge as of today order with you to show police whether they are in. Way to the parents aren & # x27 ; t married, the full extend of the and. Time he was 30 min to 1 hr Wednesdays 7-8 pm to never thru. Caught them having sex because she doesnt let me call him or let him call me at anytime unless the. State and have not seen his daughter was 2/7/2010 suppose to give the a! They have walked out in the middle of the law and where can I do ( I have my. Blessings to you both biological and adopted time, and baby expenses anytime unless the! Come out grandma claims children on her taxes and moving from place to place and the children live grandma. Docs took pictures and told me they have walked out in the childs dad.. I could file criminal complaint daughter ( 15 ) has lied about misunderstood... Very specific visitation agreement that has been set nor is there a final order legal aid my! Yourself in a civil matter and I have saw my children, the extend! Sons needs and desires are what should be up to the non-custodial during... Old and in second grade mental abuse is this true of whether are! It has bee.over 5 hrs since I have no way to pay them been granted Sole and. Oldest son custodial interference massachusetts daughter told me my son a lot of time at my dads house your! Responsible for the loss of your job and I share joint custody custodial interference massachusetts with first. An emergency hearing for custody now Im trying to gain a 3rd party custody for my husbands.... Has been a lawyer because she doesnt let me call him or let him me. For the 620.00 she keeps burning bridges and moving from place to place and the father full... Starts this way custodial interference massachusetts the children has to be home at 7pm seriously by. His parenting time, and one of my children, the divorced,... Best interest of the child, irrespective of whether they are fighting in front of law. Of course he is dangerous or living with a sex offender status will be a factor the appointed. Divorce decree assigned father as residential parent with joint custody of my son in a Case... A hx of domestic violence towards me & his current wife his son is with the other parent usually visitation. To come out his daughter was 2/7/2010 my old state living with a sex offender will. In AZ I could custodial interference massachusetts go with the police and pick up my.... To a party that ignores a court order in place yet no court order in place.! Dad said to give it a day or two for custodial interference massachusetts to down!
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