What are my options? My fiance is divorced and has 2 children with his ex wife. He is in reserves but was listed as active duty during his training and then lost the job and so now is on reserve status again. Custodial interference is a crime in many states and can be charged as a misdemeanor or felony. I get 6 nights a month visitation with one week night every other week and alternating weekends. In this instance, the parent removing the child claims to have interfered with normal custody rules because he or she fears for the childs safety. Please limit your input to 500 characters. He obviously cannot at this time seek to become the custodial parent. Because I am concerned, can I tell my exhusband the kids will not be going over there this weekend? We have fought and tried to find someone to fight for his rights and its all bullshit. WHAT THE HECK do you go to court for and pay THOUSANDS of dollars to attorney after attorney after useless attorney who basically do nothing but mubmle jumble talk behind their hands, lol, and ask for a 2000 retainer. We have joint custody i have physical custody and he has visitation, he has not excersized his visitation in three years or had any contact with the children in the last 3 months. mind was already made up and if my son didnt answer the way I needed him to he 640.31 Custodial Interference . Stay calm, but move fast and with extreme focus to get to him as soon as you can. Now I bring this up to tell you it may get worse. Get full custody? You are smart enough to get OP against your wife. After she refuses, the father has no choice than to go and pick him up, which was all she wanted in the first place. Good luck I hope it all works out for you and your kids. Let me explain. He is 13 months old but my x refuses to allow this and will not talk about it at all help please I just want things split down the middle and fair for everyone. Just answer a simply question or keep on moving over sister. in u live in tn. I replied, I have paper work saying I am suppose to have her this moment and you are telling me there is nothing you will do. Recently dissolved relationship, we have a beautiful 8 month old daughter. HOw is that possible? If this is a continued ongoing problem a judge will more than likely throw the book at one of you. I DNT HAVE MONEY FOR ATTORNEY. I feel the best place for the girls to grow and be loved is with my son. Even if the father fails to pay child support but still spends quality time with that child then two parents are raising the child correct, not one. Just talk about it and it may turn on you. You skipped the table of contents section. I was the primary parent at the time that enrolled her in daycare. If you have visitation of a child and/or children and the actual custodial parent does not come to receive the children you should call the police and get that documented (to avoid beng charged with kidnapping). Please help us help our children. The problem is that after he made arrangements to leave NYS I moved to SC. my question is if you do have a court order of every other weekend and the person with the sole and physical custody of the child says they are not going to bring your child to you what can happen. Other defenses can include mutual consent and the belief that, if he or she did not take the child, the other parent would remove the child from the courts jurisdiction (i.e. 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. Their biological Mother was on drugs and in and out of jail never caring for or contacting the children. First off let me tell you I know first handed how you feel as my ex has played the same game for the past 3 years. If you do not have police reports of any abuse..the judge wont listenit is not fair to your ex for the judge to believe hearsayany witnesses will be considered, but without hospital or police reports you have a very weak case. They want the child to have consistency, which it sounds like he/she has already lacked. and so does the other alienated parent involved that hasnt seen my exs step daughter in over a year! i seriously doubt any prosecutor would waste their time bringing charges. My question and concern is that my ex husband who we have joint legal custody of my children with him having physical custody has decided that he can suddenly make me speak to my children via the phone being on speaker phone so that he can listen in on our conversations. She threatens that she will have me charged with medical neglect. Why is it supervised? For year we live in violation or this court order. The custodial parent can take a copy of the court order to the police and they will enforce the order. 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 He drafted the paperwork & had an attorney put his name on the paperwork. There are other instances when one of the parents violates the custody or time-sharing orders, and their actions cannot be justified. Any help is appreciated on this..all I want is my babies back! I know I still have a legal right to visitation whether I can pay or not, and he has not mentioned the child support as a reason not to see her. This is not what he deserves. When David that my sons father saw how independent I was becoming with my What if there is no custody agreement. That is not what the order states. Do I have to give them back to him on Thursday? we called the cops and they say they cant do anything, its total bs. *** thank you so much. If father has specific summer visitations and the mother does not allow the children to visit, can this be considered custodial interference? Best interest of the child should always be paramount, but that varies on a case by case basis. When I get back home, I think that I may becoming the parent on the outside making visits. Back in May she dropped off my step son at our doorstep in Georgia and said she cant deal with him anymore and for us to take him. It is done to the point where it becomes disruptive. He never wanted to see him until he was 14 months old, He said that it could only be us exchanging the child, I agreed. Should I be worried about custody? The issue Im having is that my ex wifes mother interrupts my visits, ends the visits 10 minutes from me seeing my son and now is not even showing up. He says they do not want to talk to me. I truly believe the bigger picture is they pulled this stunt knowing to go right back over there to snag my daughter now that they messed with file swapping and knew the drug use. 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. I have filed for custody. Help Im so scared, I am considering moving out of massachusetts to upstate New York with my daughter who is 16 yrs old. My sons father gets our son every weekend from fridays at two to mondays at two. My husband is the NCP, his mother is trying to get custody of his daughter. Dont GIVE UP darlin Our divorce papers say we have to give the other parent our vacation days on or before may 1st with his choice in even years and mine in odd years. Please help. 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). Love the child more than any agenda to fight or control or abuse the legal system for gain. my 2 y.o son. The judge didnt care and didnt listen or take anything logical into consideration. is so he would be able to get her each time I had her on my week he had scheduled for me. 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. He said he left voice messages. I have a court order to have custody 3 day a week and everyother Sunday.Since July I have seen my girls 11 times today is Jan 25. Father (non-custodial) is in Florida, Mother and child are in Oklahoma. This does not mean one parent can tell a child that they must go because the court order says so. My 17 is refusing to go back to her dads in california. His father had emailed me requesting an additional week. 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. 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. You need to be very careful when it comes to your daughter. In order to establish jurisdiction though both persons (guardians/parents) must be served by law as a motion has been filed at which time a court case is scheduled for hearing and a decision is made. A judge begins to take into consideration childs interests at 14. As far as her not letting you see your children thats called parental kidnapping she could face charges and worst yet jail time. Like a drivers license. I have a friend who has been caring for a set of twins since they were 6 months of age and their now 14 years old. I read the definition of both and somewhat it fits. Makes up lies and excuses like the battery is dead (not), or shes out of minutes (um, no) etc. Your son talking to you on the phone, even if hes been adopted, is not interference with custody. How does a father go about establishing a parenting plan and custody arrangements when nothing has been filed with the courts but the mother will not allow the father to see the child? Even when he is violent, abuses drugs or alcohol, doesnt work, engages in illegal activity, etc? My 16 y/o needs a LOT of help w/ school and NC is not the sharpest tool in the shed. Good luck! Go in to court and ask to take a drug test immed.file a temp restraining order on him for safety due to his drunkennessdoes he have any DUIs.document in a notebook every time he keeps her with out your consentso what if you withdrew affection from himhe abandoned you and child every weekend and then abandoned you both to the effect of being inebriated with alcoholif there is drugs either you or him or you and him have him drug tested as well call your local legal aid office. Would my 12 yo step sons opinion be enough to change plans in OH? In addition to that, my sons school even called the police to make a report because they feared for his life and my own. Because no matter what you come up with, you willfully did the wrong thing to your children and broke the law on three counts. You have something in PA that can work to your advantage far greater than just a court order. Any ideas on this. Also kids do not always know what is in their best intrest, pls help i have a 10 month old son me and my ex have joint custody but when its time for visitation she will not give him to me and she wont give up the car seat what can i do is this aginst the law in arizana. we have no custody papers and i dont have $5000 for an attorney.. how do i get him back? even more so when he found out that we had been living in Fl. AND GO GET THE KID. 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. Once, I went to pick up my son and his dad drop-kicked a puppy across the street for chewing up his shoe. However, if father has any court ordered visitation you will need to seek an order from the court that modifies the visitation order considering your new location. My husband and his wife did not get along with my cousin and his wife. One important source of information is the report of the court investigator, because it provides the court with useful information that otherwise may not be presented by any of the parties in the proceedings. I have a hard enough time with all this so, I dont need anyone talking down to me when you dont even know me or how things ended up the way that it did. My son is 8 months old..the mother had our son while in jail..she also was doing narcotic pain pills throughout the whole time being pregnant..just now getting out of jail only being able to see her son through glass at visitation expects me to just let her have the baby back in the drug atmosphere..no one has custody of our son..Im afraid if I give her our son she will not bring him back after all his belongings our with me and the people thats been with him throughout his whole life..he dont even know his mom??? I even attempted contacting my oldest daughters cell phone with no avail. The de facto parent resides with the child and, with the consent and encouragement of the legal parent, performs a share of caretaking functions at least as great as the legal parent." You need to talk to someone. If there is an issue they will take the matter to court and fight along side you and you can not have a better advocate. and if he dont bring them to where i live and stays at the airport and i dont pick them up can i call the cops? Thank you Fathers Rights for your comment. I do have visitation rights every Saturday. Can I put a restraining order against her or a protective order or anything? That leaves 3 hours not the 6 hours ordered. Now the new guy, who I am set to marry in the next year or so has a great job. Worse off a police office WILL NOT enforce a court order of visitation, but trust me if you miss a child support payment you can go to jail. He works everyday until 6:30 so on his days our son has to spend and hour an a half with this gfs mom and then 2hrs with his gf before he gets home. I have no known physical address for him and no contact phone number. If you are under the age of 18 you can file a motion to have that lifted which will go to court and must be plead to a judge. It could be grounds for reducing mothers visitation. You can actually have her arrested if she is within so many feet of you, so I do not see that the court can appoint her. Only then may extreme action happen. YOUR RIGHT ON THAT ONE! So me and my wife are legally seperated since 6/11 she is pregnant since 7/11 with a man whou has assaulted her broken her wrist and threatened me via text from her phne we were in diff states so the police did not follow up on the harrasment. Its tough and its sad, but it happens more times than not. Over the past few months she has been keeping the children from him and just recently told him that there are no set visitation times because they both have joint legal and joint physical custody of the children. The other parent may be present, and they may have a lawyer present. My sons cry and say they dont want to go to their dads anymore and when they are there they ask to call me or come home but he and his mom tell them no. - MOST IMPORTANTLY- all states have adopted the UCCJA (Uniform Child Custody Jurisdiction Act) which considers the childs home the state in which the child has lived in for the past six months. Do I have the right to say I do not want him in her house. Well come to find out the reason he made the summer sch. Nevertheless, heres the lowdown: We are really worried but dont know what to do and its the long Easter weekend. Send a certified letter to the supervisor and demand/give notice NOT TO INTERFERE WITH YOUR CUSTODY/VISITATION any longer. I was told by the Missouri Department of Social Services regarding my daughter, that my ex-wife, as the physical custodian of my daughter, has to provide custodianship documents to a school when she enrolls our daughter in a new school. Protect yourself and try not to get involved and abide by the order in place unless you are looking for a modification. The police told her they would arrest her for harrassment if she called there. The question is what can be done about the mother not following the court order. Keep the kid until the (grrr hard to not say the words that come to mind) mother stops being difficult and picks him up. I used our familys vacation money to do so. The mother barely exercises her visitation with her. He used a different case against me to get them. What you may find out is that you may receive more in the long run which is good for your child and is what he is afraid of. I claimed her on my taxes because I have full custody. He didnt take any of their belongings and one of the twins has a severe case of asthma and he has no medication. He also treated my daughter very well and like his own since she was born in 05. Dont cry to get your way, PROVE you really want it and it will come. We can not afford what we have been told it will cost to get this corrected and justice be served. Hes a criminal attorney in Michigan & has a hx of drafting paper work then expecting me to sign it without representation. We have a 3 years old son. He recently changed it to after work if she was in daycare. The couple must decide themselves in writing how all assets will be divided, who the child will live with, how co-parenting and visitation will work in the event the two decide not to renew their marriage when it expires. If the court order states that she is required to drop the child off, then she is required to drop the child off. 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. For 3 years he has always paid child support and been a good dad. 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. If you have children you will need to take this into account according to your relationship with your father. Yet the father is seen driving around illegally and still foing drugs,not paying child support and he us Scott free! He kept her out of jail and the child where she was supposed to be. They were never married, but his name is on their birth certificates and has been paying child support for both girls. This summer Ive had them all almost all summer and their dad got them and was going to have them two weeks with after five days he sends me a message saying that he had no where for them to go and his bank account was drained and needed to bring them back. the babysitter sees herself as the childs grandmother although she is not biologically related to any of us. You may want to read this as it specifies the Initial Jurisdiction, Exclusive and what to do. The grandmother has filed motions to intervene that have been thrown out and even requested temporary custody (again this was thrown out) while waiting for a hearing this summer. I despise parents who use their kids as a financial struggle. My ex-girlfriend refuses to let me see my son until a final court determination is set by a judge. No matter what I thought of him, I would treat him with respect and eat crow for her. We have joint custody, he is the residential custodian and I get summers and visitation. She is committing a felony and they do nothing. 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. Just please, for the childs sake, keep your heart open to doing what is best for the child TO HAVE BOTH PARENTS and dont listen to other advice that is contrary to your childs best interest.
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