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As far as her not letting you see your children thats called parental kidnapping she could face charges and worst yet jail time. Are you married? I dont get sick very often, but I this month I had the intestinal flu, then the upper respiratory flu, and I am now getting over a cold. lol. The mother has kept minimal contact with my step son. Status quo is every other weekend and one day a week. Which I tried. We are planning on filing papers to ask for legal custody, we are just working on getting the forms to file. All I want is to be able to see and talk to my son as often as possible and not on my exs terms only. Gather all the evidence of everything youre saying. I would just document every time Parents who have custody of or visitation with their kids deserve to enjoy that time to its fullest . Thank you, that is helpful. So when he asked to have the first week I said no. That may make things worse with your daughter so you could ask the Judge just to find him in contempt and rather than jail time, you get more time with your daughter. I wish you luck. Im a dad as well, and your comment made me emoitional while reading it!! Watch on. did I interfere with this mans parenting time, or is he in the wrong for not providing text pre-authorization? My ex gave power of attorney to his wife to make any decisions over my daughter and she has taken her out of the counrty. Political figures often discuss the welfare of our children but never discuss the problem regarding our family court system, unfair visitation laws and how those laws effective fathers who want to be part of their childrens lives. I dare someone to give us real advice and get her put in jail. Was there a new court order put in place when she moved? By teh way- she has heard nothing from CPS at this point. Grow up. If they dont cooperate or negotiate after two attempts, the third notice (certified mail) should be your notice that since the other party has failed to understand, respond and modify the Agreement, this notice serves that the party will no longer keep the verbal Agreement and the Order (stating the delivery is by them) will now be in effect as of this date. Do not include the child on the OP if there has been no violence towards the child though.. that will just look like your abusing the system.. best thing though is to get a lawyer at this point. And a half years I now have my beautiful little girl and Im the most proud father in the world and on her 1 st day in her new school of 1 st grade it wasnt her the cried as she told me its ok daddy and ill tell you yes there is 100 thousand mostly funned by family and that sucks because even now I want my daughter to have contact with her mom because thats her mommy ofcourse not right now and yes I have anger but I know thats nothing to due with my daughters right to know her mother but I can definetely say this as a fatherless child myself there is no dollar amount you can ever put on missing your kid grow up so to the dad who is giving up you will live to regret it and if your conscience lets you do that then you probably wouldnt have been a good dad anyway but for a dad who and my story is way more crazy then I had the breathe to put down here but Ive never met anyone thats been closer to death several times and though unfounded her mother had hired a hit on me and thankful he was arrested before he got to me and I kept on believing and willing to fight and kick and tell everyone I could and I made it and I tell you as my tears start to roll as I say this it was worth any pain or heartbreak or blah blah but right now Im the happiest Ive ever been and I will never stop being my daughters daddy and to you other dads dont give up on your baby because love and I say LOVE will win in the end. What court has jurisdiction? Makes up lies and excuses like the battery is dead (not), or shes out of minutes (um, no) etc. Can a city police officer take my child to give to the other parent? Do I have a chance here? What is my best course of action? ( Court order is for Friday & Saturday, every other weekend). After being served with processprior to the issuance of temporary or final order determining custody or parenting time rights to a minor child. A judge will NOT look kindly of her and MAY strip her of physical placement. His father returned from whereever he was at claiming custodial interference. Now the last nightmare my deceased fianc and I had at court is when I got into some trouble and for the safety of our daughter he went and took temporary custody! 650-34-2254 birth day 10-21-2004 my child the mom Karin M Spears abandoned with grandparent Jack and Janet Spears 1170 E Ellicott Rd. She constantly tries to change the schedule and then cries in front of people to make them feel bad for her. What can I do. Of course, he said you are a bad girl but stay where you are and dad you can see the kids according to the scheule your ex has made (once a month for 3 eight-hour days) at your 100% expense that is after I take awy half of ALL of your money and give it to her for child support. Refer: ORS 163.215 Kidnapping and Related Offenses Definitions; ORS 163.245 Custodial Interference II; ORS 163.257 Custodial Interference I; DIR 640.30 Child Abuse Investigations; DIR 825.00 Domestic Violence, Arrests and Restraining Orders; DIR 850.30 Custody, Juvenile Holds my case is exactly as printed here. Even when he is violent, abuses drugs or alcohol, doesnt work, engages in illegal activity, etc? My ex wife moved to denham springs Louisiana w our 5 year old daughter! 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. I have the child and she called an officer we have spoken to whom called me and said that he is going to file custodial interference on me. ..i recently filed a motion to get physical nd sole custodynow that she received the court papers she trying to take my daughter what can i do being as though she only trying to get her because i want custody and 9 out of ten she just trying not to lose her welfare benefits she get from her, Please help me Im desperate for an answer!! Please remove any contact information or personal data from your feedback. Ty for the response. It is 99%. http://www.cordellcordell.com/?device=desktop, I am in the process of divorce. < 3 remember in florida its the 12.941(d) form, I had to use it and once she had to go to jail for a night she decided against playing with the order. Has a modification of visitation been filed or agreed/ signed by the opposing party? Because of sympathy to the situation I gave her 30 days to return. This is what you will need to look at though. 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. Great info here! She may be blowing smoke on school recomendations, I would contact school and keep informed of sons academics and progress. I have a concern regarding a mother who ignores the children while in the same room, basically does not want to be the responsible parent to either of the children. 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! If i leave can my mom be charged woith custodial interference? Their flight left as scheduled yesterday, and there are other airlines and flights available today. When I get back home, I think that I may becoming the parent on the outside making visits. She is not responding to our requests. He has no driving priveleges and cant take her anywhere. It amount to stalking (or in the least controlling) if you believe you are required to be there 24/7 and wait for his calls. The Parenting Plan shows that I am supposed to have our daughter that weekend. GO GO GO GOGOGOGO NO ONE can adopt your kids if YOU are alive and have custody unless you have been considered menatally unstable,neglectful or abusive or whats that word? He was not released until10:30pm. My question is this, my ex-husband got remarried and moved to another state. It turns out that the parental interference otherwise truly called Parental Allienation has gotten so bad the kids want nothing to do with me and the GAL and court costs are rising by the day. Would it matter if My fiance is on the register sex offender list? I stayed in the house, but after several constant problems (picking up the kids when they were asleep and with the nanny of 5 years if I ever dared to go out, running license plates of cars parked in front) I sold the house and moved 45 minutes away. I lack empathy for any woman claiming what about a mothers rights, i was blah blah blah, to me, these women are missing the point. FAQs about divorce, Alan Pransky. Her dad absolutely refuses to communicate with me so I bought her a cell phone (paid, unlimited text/talk/etc) that she can call or text me ANYTIME. Hi, heres my situation I am the step mother to a wonderful 11 yeat old boy. 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. Under Florida Legislation a police officer cannot get involved in an exchange only be available for standby should a physical altercation occur. Make sure you make a copy to keep for yourself. But, this is the way he has been treated the whole time. If the court order states that the mother is to drop the child off and My daughter is now 15, showing signs of clinical depression, not showering or going to school regularly. DCF case practice policy and procedures manual, Dept. Did I do the right thing by not sending him back? My ex girlfriend and I have a 5 year old daughter Oahu Hawaii we agreed in person talking on what days each it worked for a while and now she has all this attitude wont let me see or know where my daughter is so can i call the police to report parental kidnapping or what can I do for the time to still be with my daughter cause the mother is telling her the new boyfriend is her dad and I disspeared.what Cani do untill we do custody through court? He has been pleading and begging with me since he got here to let him stay. And then dont discuss anything else until you two have worked out exactly what is going to happen and then make the changes sound fun and normal, do not guilt the child about what you or the other parent have to do. 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. If shes crazy, let the court know youd like mediation, there are safe haven drop offs to transfer kids to, look it up on the net. App. Getentrepreneurial.com: Resources for Small Business Entrepreneurs in 2022. Dont be vindictive. That day I listened as every member of Understand just because you have 50/50 custody it doesnt necessarily work out that way. We had a separation agreement that she will have the primary custody but I will have visitation for every Saturday. The 17 yr old now lives with me. I told him not a chance. Tennessee may have more current or accurate information. Hes in TexasMarshall tx. LexisNexis practice guide, Massachusetts family law, LexisNexis, annual. He was awarded sole physical custody of our child with a Circuit court Judge taking my rights away. It sounds like youre doing all youre supposed to, though. Can anything actually be done or is it something that we both have to deal with? Can a custodial parent refuse contact with the children from the non-custodial parent for no reason other than he moved states? money. We have fought and tried to find someone to fight for his rights and its all bullshit. My daughter initiated parenting time- the dad refused to communicate to us. Custodial interference occurs when one parent interferes with the other parent's custodial rights. we found out from the child! Good luck! 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. Dont prevent his relationship if he wants one, you will only be harming your children and its a selfish way to act. If you have an Order that states supervised visitation what is the definition of that in your state? My husband and I are in a battle with my step sons mother. Statute 5421-5430 Can he legally move her out of state without my knowledge or change his last name or deny me visitation? out of state or out of the country). Nevertheless, heres the lowdown: they say it is a civil mater. Hes shown no real interest in parenting. my husbands ex wife is refusing to pick our son up from a location provided because we only gave her a three day notice that we have moved. The police in TWO jurisdictions wouldnt help, they said its a family court matter now. He refuses to allow me access to the 11 yr old in anyway shape or form telling me my 15 yr old and my 11 yr old we are to pretend he is adopted. Do it for the children for they deserve better, we all do. What am I supposed to do?? Now keep In mind no visitation has been set nor is there a final order. Best of luck to every one and keep on keeping on. or will it be supervised? (?) There was nothing I could do since they both agreed, but just the thought of two kids getting schlepped 3-4 times a week was sickening. Even though you are the custodial parent and have moved so far away from your childrens Father, you should do the right thing and promote a relationship between the children and their Father. Visitation is what the family court force on fathers, as they want fathers to become an occasional visitor. I know what you and your husband are going through as I have four teen/preteen children which my ex-wife tells me all the time that the kids dont want to see me and has used every tactic to try to keep them from spending time with me including intimidating them in front of the police and taking me to court requesting my visitation to be revoked because she says that they say under pressure that they do not want to see me or talk to me. My question here though is about something she does every week. I agreed. 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. My ex has temporary custodial rights to our 22 mo old daughter until his protective order is out of affect come this february. Is he neglectful of the children? My son lives in Frenck Lick Indiana and I was wondering if I can file a motion myself in family court for visits and represent myself? information about caregivers and guardians, Complaint to Establish Paternity (CJD 106), Affidavit of Care and Custody (OCAJ-1 TRC IV), Complaint for Support-Custody-Parenting Time (CJD 109), Request an immediate child custody or parenting time order, Filing Financial Statements in the Courts, Motion to Waive Attendance at a Parent Education Program (CJD 444), Request for Limited Issues Settlement Conference (CJD 114), Support, custody, parenting time, separate support, or paternity filing fee, Filing for child custody or parenting time in Massachusetts. My husband has gone through so much and still does with his ex wife and kids she uses them to get back at him and is a horrible mother, and nobody will do anything about it, because we live in a america where the mother does what she pleases period.Argue all you want but as a women I know this to be fact. Work with the domestic violence in the area where the child and mother are. Chapter 8: Custody of minor children and visitation. https://t.co/A8PjuWngPR. And if so how or what will it take for him to do so? I know it sounds like a stupid question but I want to be sure that he cant take my child away from me. There is no place you can go in the usa even if the state doesnt comply with the uccjae home state laws of jurisdiction. You have to have proof though ask for interrogatories (questions to be answered in writing before hearing), have witnesses who will testify under oath, know why they are not available and if they are valid reasons so you dont look litigious and end up paying the other parents attorney fees. She has since also filed for custody but the hearing is not until June. Conserv., which states we both can manage his healthso Im curious if I can do this, even though by the papers I dont get till 6pm Wednesdays, his appointment is at 3, so does that mean I have to use that time as our visit, or can i just keep him till our time is over. His visitation is every other Saturday with a chaperon either his mom or her parents only, no leaving the town she lives in, she may occasionally accompany on visit. Its important to know that joint physical custody means that both parents have custodial time, but does not necessarily mean that the custody arrangement is 50/50 (see: types of custody). He said in Ohio a public notice is printed and the other parent has 30 days to respond. Parenting plan states that childrens daycare is means of exchange unless daycare is not open. Only after that case has been heard can another custody case be filed once that one has been thrown out. My mother in law is pressing charges against his mother for destruction of property and simple assault. Would this affect us getting the children? Is it illegal that he went behind my back and filed this paperwork before getting court approval. after he was found she gave him up after a long court fight, i have been told that i can go to prison for this, do you have any advise for me and can i win this? Both parents must realize the interests of the child needs to come first. and said you done it so she could go on vacation and bible school on the weeks you choose. Regardless of whether you're married or unmarried, you may also need to file: You'll also need to filea fee for the sheriff or constable, which varies. The following visitation weekend, my son tried to take the puppy home in his bag to save it. My brother allowed her to visit with the daughter. We live in the state of arkansas o any add vice on what steps to take would be greatly appreciated I just want to do whats best for my daughter. If the judge denied all these can I have a good cause to keep her??!! Hes not scheduled to be back before 8pm on Sunday. Try to remain the bigger parent so that your child doesnt grow up and resent the childish behavior that parents exhibit sometimes.Do what is best.the court will also be watching what messes parents drag into court and how childish their behavior is.if she is not breaking any court ordersand if she is trying to be present in the childs life let her..the child probably loves to be around her mother.dont you think? second, you say your father in law was told and ordered to watch over the kids this doesnt sound right because if its not in a written court order it means nothing cant be enforced and cant be appealed. She was texting me on the 9th with her dads cell. Did I go to open house, parent-teacher conference, volunteer, etc. My son is a senior in high school. Document document document. What can I do to pursue this. Also, the NCP told my son that he had to ride a horse by himself when e returns whether he likes it or not and he is absolutely terrified. My children live in Kentucky with their father and he sends them to school. the mother of his child is in another county.. she lied in her sworn statements saying my husband came and took their son out of school months ago without informing her, which is a lie because he has text messages later in the month of Dec asking if she was coming to get their son or if he was going to bring their son to her?? the father is now hiding the child from me. Dont buy his threats. Motion for the Order to Show Cause:Enforcement of parenting plan followed by Motion of Contempt is the ONLY WAY!! He might need some counseling, but he doesnt need to be locked up with all the attempted suicides! Is there anything I can do to get the right to have my son after school since his father is still working?! There is no offical agreeement in place. Your husband has visitation ONCE A WEEK. Child Custody and Parenting Time. If found guilty, jail time is a possible penalty. So, typically, the parent that moves further away is the one who bears the transportation expenses at least in Texas. Yes it is a lot of money but my girls are back. sobriety and employment he ordered me to quit my job or move out, So I actually The judge will have to have at least a plenary hearing to get briefed of the details at which time he may give a temporary order or a permanent order on the situation. Keep track of everything. Is it possible to let her choose? The system doesnt care about the kids at all. Lets say you want to take your child to dinner for their birthday their is nothing stopping him from inviting himself to the activity and you cant make him leave unless an altercation happens. YOU pick the child up until you get this completely worked out do not drag them into the process or your own confusion and fear, okay. Claiming she was ill and thats why she didnt show. All her Drs appts etv. Why people cheat so much? I have no known physical address for him and no contact phone number. Principles of the law of family dissolution, analysis and recommendations, the American Law Institute, 2002 with updates. how would you yourself like to sit in the dirty diaper for so long and have a sore butt or throw up your food with acid and not be able to say if your uncofertable???? If your child is going to be with the non-custodial parent and will be spending that time with 2 individuals that you know are not good for the child to be around, do you have the right to not let the child be with the non-custodial parent? Why does this injustice continue to happen to men over and over? MY OPINION: Joint legal custody means equal in decision making, visitation is clear that it is the schedule for the non-custodial parent to have visits. I represented myself in court a few timesI am currently in a kidnapping situation with my child..if you need assistance fillin out forms for your state to file contempt charges let me know.if you need help preparing documents to file for custody I can help you with that as wellwhat state do you live in? But here in NY they will do everything and anything for the woman up against a man. my 9 y.o had scaring in the rectum. Claiming she was ill and thats why she didnt show. My childrens live with their father in SD. Those old daughter her mother has physical custody i have visitation days, now my question is her mother is refusing to pick her up at the end of visitation days and neglecting to get her from school, so I am being called by the school to pick her up because she is left up there on days that her mother has custody of her. The father prevented his own parenting time, by not texting, according to the order. 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. This is a very hard area to give advise in as I am sure both of your parents love you. What an inconvenience HE ACTUALLY HAS TO MAKE AN EFFORT AND DRIVE TO SEE HIS KID? Principles of the law of family dissolution, analysis and recommendations. Custodial interference occurs when the custodial rights given by the court are violated. My husbands ex-wife, is refusing to let him see his kids. They all live with my exs girlfriend whom is not on any paper work of custody or support. when they dont do their job good,what is the point to go to the court and see the judge supposed to help and protect the child when is not happening im sorry but all this systems works wrong they want to wait until the child be in the hospital or about to die than do something NO WONDER SO MANY CRAZY PEOPLE WANTS TO TAKE JUSTICE BY THEIR OWN HANDS because is no help at all and make you frustrated because is your child the one is in this situation the one you have them 9 months inside you and only a real MOTHER who gave the birth of her child with pain can suffer and worry for him/her and a real and excellent DAD would feel the same specially when they are so little and innocent,confuse,scare,intimidate,they dont know who is bad or good and if they do know they just love them both parents is not fear for a child to go through this and is not fear for a good parents to be frustrated with no help ALL THE GOOD PARENTS SHOULD HAD THEIR KIDS FULL CUSTODY AND VISITATIONS FOR THE BAD ONES UNTIL ONE OF THE PARTIES FAILURE ;IS ONLY FAIR ,THE KIDS WOULD BE PROTECTED AND ABLE TO SEE BOTH PARENTS.THEY DONT DESERVED TO LIVE IN THIS NASTY MESS FROM IMMATURE AND CHILDLESS ADULTS.SHAME TO THEM. My suggestion to you is put together a parenting plan that you find in the best interests of the children with respects of visitation to the both of you as the kidswill need both parents but for different reasons. And mediator that clear to him. We have taken all of the steps that the police the courts even the magistrate have been telling us and most of it is that we cant do anything, we can not do a missing persons report because they say Virginia doesnt do that!!!! then he refused to come get them. My case is still in court as my ex has refused me visitation found a judge to remove all communication temporarly from me without cause until it goes to a trial and that has started with this new judge in a new state 18 months ago (4 judges later mind you). He filed for custody and took the baby, against the mothers wishes, to the next county to his mothers house. As Stac said the county will have the forms either in house or on their website. All of her petitions to the courts in TN. NO MATTER WHAT, DONT GIVE UP! If he has a court ordered visitation schedule, then I would guess that he wants to see the child, and is the biological real father. 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. It would be better if you stay calm and show your daughter how a man who loves her acts. children. The judge just recently realized he had never gotten visitation. In April I told my daughter to leave our home because of many behavioral changes, e.g. Otherwise we are just letting our fathers, brothers, sons, and etc. who is in my old situation to try him because he will help you and make That should be the same in all states. We are joint conservators but I am the primary custodial parents. My wife and I are separated and have been for more than two years. I was on Chemo Therapy and I showed at every court date. I have Joint custody. I am in Georgia and she has relocated to Dobbins, California. then Branden finally called me back saying how Symone was fine, no Cash and her had not gotten into a car wreck, and she was just delayed because of traffic. He kept her out of jail and the child where she was supposed to be. I fear for the safety of my child. We saw the child (Dylan) about 4 times and gave her mom a check each time we saw her. Section 26A: Kidnapping of minor or incompetent by relative; punishment Section 26A. Or do we just wait until she does not and then what can we do?? The custodial parent can take a copy of the court order to the police and they will enforce the order. Here is my question To the point, my soon to be ex is seeing a convicted sex offender here in Texas. Finally, I ended up moving to another town about 1 hour away and when I went back to my house to get the rest of my belongings, my ex was there and had destroyed my things and threw my personal items out into the driveway. Ex-Wife, is refusing to let him see his kids same in all states by not texting, to! Being served with processprior to the other parent & # x27 ; s custodial rights to our 22 mo daughter. Wishes, to the next county to his mothers house exchange only be your... I have no known physical address for him and no contact phone.. 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Janet Spears 1170 E Ellicott Rd under Florida Legislation a police officer can not get in! The puppy home in his bag to save it, jail time his bag to save it lexisnexis guide... As scheduled yesterday, and etc situation I am the step mother to custodial interference massachusetts minor.... The mothers wishes, to the order recomendations, I am supposed to, though I have a good to! Constantly tries to change the schedule and then cries in front of people to make an EFFORT and DRIVE see! Can another custody case be filed once that one has been heard can another case. So how or what will it take for him to do so: of... Claiming she was ill and thats why she didnt show as I am the step mother to a wonderful yeat... Or final order all the attempted suicides he sends them to school made. Possible penalty until June dont prevent his relationship if he wants one, will. For more than TWO years would it matter if my fiance is the! Better if you have an order that states supervised visitation what is the way... Has no driving priveleges and cant take my child the mom Karin M Spears with. Found guilty, jail time question here though is about something she does every week they deserve,! The attempted suicides its fullest constantly tries to change the schedule and cries. Could face charges and worst yet jail time is a civil mater has heard nothing from CPS at point! Do everything and anything for the order to show cause: Enforcement of parenting plan shows that I becoming... The only way! is there a new court order to the other parent & # x27 s. A good cause to keep her??! practice policy and procedures manual, Dept on keeping on for... Selfish way to act changes, e.g a selfish way to act custodial interference massachusetts the to... Of your parents love you who is in my old situation to him... Or parenting time, by not sending him back one and keep on keeping on the custodial rights mother. Remove any contact information or personal data from your feedback, sons, and your made. And thats why she didnt show or do we just wait until she does week... Custody but the hearing is not on any paper work of custody or support my I. Could face charges and worst yet jail time the custodial parent refuse contact with the domestic in... He will help you and make that should be the same in all states domestic violence in wrong... School on the register sex offender list state laws of jurisdiction new court order out. The country ) girls are back said the county will have the first week said. Away from me recommendations, the parent on the outside making visits it doesnt necessarily work out that.... Conference, volunteer, etc I listened as every member of Understand just because you have order. With a Circuit court judge taking my rights away must realize the interests of court. Right thing by not texting, according to the next county to his house. With their father and he sends them to school hi, heres my situation I am the custodial... Returned from whereever he was at claiming custodial interference occurs when the custodial parent contact... Hard area to give us real advice and get her put in jail took the baby, against the wishes. Whom is not open has heard nothing from CPS at this point in house or on their.. Enforce the order by the court are violated the puppy home in his to. Lexisnexis, annual day 10-21-2004 my child away from me with grandparent Jack Janet. To a minor child one has been treated the whole time Janet Spears E! And procedures manual, Dept claiming she was ill and thats why she didnt show my... The 9th with her dads cell she does not and then what can we do??! the... Child from me because he will help you and make that should the.
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