is there and thing I could do I am a single 22year old and I have no clue were to start all I know is the peace dose not deserve my son. After going through a complete investigation the police had no corroboration to the story and sided that my son was coached by his father. Nichole If you are the mother of the children then you can find out very easily if the grandparents acctually have custody of your children Being as you sound unsure about it, leaves me to assume they are full of crap, because trust me you would know! o.O? CPS has an active case with the mothers family and basically said there was no cause for them to pull the kids from her house. We had a girl together our kids are always been brother sister and very close . Steph, I know this is a 4 year old comment, but in case you havent gotten help yet: he needs to petition the court for custodial interference and failure to adhere to the court order. They have no filter as to what they talk about in front of my son, including very inappropriate terms and innuendos. 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. and i have a good news to share to the entire world. he has visitation but not for this. The next time he drove him out of state and his car broke dwown, where-upon they slept for three days in a Wal-Mart parking lot until a stranger offered to let them stay at her house and he took my son there and stayed. Custodial interference is a legal term. She has got to get some helpbut just as everyone else, there is very little money to spend on useless attorneys. (I have offered to meet him in VA several times but he said he couldnt get away for it.) Prepare to share the child with the other parent. Will it affect the court oder that exist? by second semester they are expected to know how to count money. 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 bio mom who didnt take a drug test 10 years ago as ordered by the court, took my daughters and wont provide an address to where they are staying. 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. Open PDF file, 17.53 KB, for 6.400 Custodial interference by relative (G.L. In 2011 we uncovered that My 9 y.o son had been molesting He has me terrified that he is going to take them away from me and has threatened in the past to run with them if I dont move back to NYS. He asks the court to grant him physical custody or to give him what I think is an unreasonable amount of time for visitation. Can he legally sign papers to allow his mother to have his daughter without the permission of the custodial parent (the daughters mother)? It will not be until they are adults that they can ask about them. Your best bet would be to admit it and make an offer the father cant refuse BEFORE YOU GET TO COURT. There were 180 reports on file in Leon County Florida for Domestic violence filed by my neighborswhich is why I left him. and then all this last week hes like can I have our son early? Problem is she lives in OH. His father had emailed me requesting an additional week. 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. I hope you arent alienating your sons father from his own father.. They filed enforcement of parenting time. (Been there, done that.) All my husband wants in the world is to be able to be with his two boys and she continues to act like an immature child and ILLEGALLY keep his children from him. In NJ we can appeal the decision the day it was ordered but we also have up to 30 days. Also, what couse of action do we need to take? She uses her petition and shows it to police and tells them that it grants her sole custody until court hearings are complete and they accept it and ordered me to giver her the child and also ordered me not to contact her asking to see the baby without issuing me anything in writing. I am going to see them today and really want to bring them home! Why waste the time of law enforcement when, all that is neededIs for the parents to grow-up and be civil with one another. 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? Because he attempted this once before by taking him to the other side of this country and the judge ordered that he not take my child out of the county (or state) again. Then you can follow the Order for law and the other parent will have to bring the child to you on Sundays. I just did that to get my 3 year old back. File custody in FL. Do you think the grdma should be charged for custodial interferecne still? everyone jumps on the custodial parent side.. I have forbidden this but she left with him anyway. Does this in any way constitute a forfeiture of custody or void the physical custody? Im in California if that matters. This site includes everything you every wanted to know about divorce, alimony, child support and child custody, but were afraid to ask. Just curious if liberal parent time overrides the interference clause. Im on the birth certificate, paid child support to her all his life but not through state or court appointed channels. All of this is my opinion and experience. I can tell you have no respect for him, but he is the father and just like the Court you have to give him every opportunity to do the right thing not for you or for him but for your child. This will get the ball rolling in the right direction for his protection. That place is for true kids with real mental problems, my son doesnt have that! My son said hed beat on him the entire weekend. 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. She lives with her father for now BUT is so unhappy. Heck you need to know before you start school now than I think I knew before I started 1st grade. Here is a screenshot of this woman, just so you know I am not playing when I say she is a felon. I am constantly monitored and they refuse to tell me why my child is going to a psychatrist. PLEASE tell me theres something I can do to protect mini me and make sure he doesnt receive his modification. They never married, and, from what Ive been told, he has shown no interest in seeing them and definitely has provided no financial support. Can I press charges against her? If they dont help you, call the FBI and report a kidnapping, because when an Order says the child is to be there and they are not it is considered kidnapping!! if thay tell the truth I get custody if they lie the grandparents are contoling the child under second degree kidnapping. YOU obviously dont and that is not going to make you look like a good mother in Court. The court ordered the grandparents to make all exchanges of my grandson. Now my quick advise. I have no money, no one will help. Im moving outta state for a Better job and cheaper cost of living. Use text messages, they are EASY to document. As of yesterday I was informed that I had a court date this morning in front of a judge in Chicago to eliminate my visition with my kids. I had 4 kids, got divorced, and kept child support out of it, we managed just fine to be mature about it, and EQUALLY SHARED EVERYTHING. MY oldest is turning 13 and decided he wanted to live with his dad. While I am touched by your story and will research for you, I do have to say this. Her boyfriend lost his license , she lost her license so she plead that she cant drive to pick him up . So if anybody has anything to say encouragingly please feel free! From now on get it in writing rather than just a verbal contract. No need for lawyer. I really take offence to that. You can request the court for a home inspection. You may want to read this as it specifies the Initial Jurisdiction, Exclusive and what to do. I had to file a motion for return of the child. Well I had made my mind up that I wasnt goping to give up anymore of my time with her. Many states also allow certain defenses to custodial interference. 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. Custodial interference is a serious legal matter in the state of Texas. She also managed to get the child kicked out of pre-school in January 2010 for his absences when she was to take him. Given the childs age, diapers and formula would be appropriate to have on hand too. 2018, Chapter 12. I gave up one the court system but never on trying to see him. 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. I finally found my son back in The Judge over there REFUSED to return the children to USA stating the children are mature enough and their views are to be taken into consideration and that the older child(10 years old) does not wish go back to USA. He nearly killed me. do i call the police and make a scene or believe in the system at trial, dec 9. They are always fighting. Word to the wise. And for what? But to punish them is completely unfair to them because they wont tell her my personal business!! Is it parental interference if there is no court order and we havent been here 6 months? If she has done this because she cant handle it and sequestered you, it wont fair well for her in court if you have a fair judge. While my ex and her boyfriend sleep on the couch. Well I didnt understand it at first, It was Fathers Day, and who would keep their child away from the dad. My husband and I have been fighting this for a couple years now with PFS orders and what not. For the past 4 years he hasnt been home, going to the gym and hunting every weekend and staying drunk in between. He is an attorney, at every turn Im faced with agony. Too many times if a parent cant or struggles with paying, the other parent wants to stop visitation and/or put them in jail. I have proof and it doesnt matter. Can a costodial parent not give you access to your child with a court order of visitation? The mother consistenly does not answer the phone when the father calls, limits phone conversations and negatively influences the children regarding the father. Not her father. Once because I was not allowed to have my daughter for my court ordered summer visitation, (I filed this motion on my own) the judge ordered us to go to Mediation, we did so and I won my case. Personally, sit tight, I know as women when were hurt and scared we want to run to something familiar. saying, in part, "the parent by estoppel principle is a most dramatic intrusion into the rights of fit parents to care for their child as they see fit." How can you meet this objective in the state of ct. In the family court system child support and visitation are 2 SEPERATE issues. What can we do? Doing so is not healthy for your and in the end it rubs off on the kids and those your around. Not only that, he has not let me talk to them on the phone. If they pass and you have that intimate time with them it is rewarding. Because Halloween is not a State Holiday and is not in our Court Documents, I was given my daughter for that weekend. No home, no job, no money, no vehicle, no education- NOTHING. the question is since there is absolutly no custody order, no court process at all do I have to return my son to his mother in Colorado after my holiday visit over Thanksgiving? They are in Pennsylvania and I reside in South Carolina. Thank you so very much for your prompt time and consideration. Hi I have a question. she just had his second baby and she sent their first born to Alabama and didnt tell my brother about it. I said if you will not help me I WILL CALL 911. @ lived and I told police. she lives with her dad she sleeps on a couch my daughter has no room of her own or a bed to sleep in the mother has no transportation or income. So IF YOU ARENT A LAWYER WHAT ARE YOU AND WHAT HIGHHORSE DO YOU SIT ON TO YELL AT US THRU WORDS!! I worked FDNY was severely injured and out on 3/4s disabled retired now. Call your local domestic violence organization and get an advocate to help you. I live in the state of Pennsylvania and Im very concerned about everything thats let up to her 14 months of age. What if the primary parent doesnt give the the secondary parent the child on the secdhdule time and keeps the child on secondary. I would like to know if the previous arrangement is still valid even though the divorce was canceled, and can he prohibit me from taking the kids on vacation? She had never been away from her family and mom over night. It is not just the mothers there are two sides to every situation but somehow fathers seem to get sympathy I do know some great dads who are not out to make their exes life miserable and they deserve the same as the custodial and in that case joint custody should work and kuddos to you but in the other situation it is hell on earth, Okay my question is in my shared parenting plan I have the right to make decisions concerning my childs health social situation morals welfare education legal and economic environment. She got rid of her car, we told her to let us have him thru the week so he could go to school and she said no. In fact I was paying him an extra $20 a month over what I was supposed to pay, and buying things for my daughter. I finally came clean about my turning to drugs, they removed my 2 If the parent with the child has left the state of jurisdiction how long have they been gone? My husband shares joint physical custody of his two children, 17 and 13 with his ex wife. Your daughter is old enough to say in court who she wants to reside with. She finally consented that I could see the children with supervision of certain people that she designates. We all hope that if we have kids well be able to raise them in a two parent home not two parents and two diff homes. Richard C Bertram and Karin Spears has custody of Aurelia grandparent do not have custody or a court order to file taxies on Aurelia M Spears. You skipped the table of contents section. (It was not a contempt of court b/c our custody agreement said liberal visitation even though I had primary physical and sole legal.). 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. Wow, your info seems a little confusing to me. His daughter wants to come here her mother just wont let her. She wants me to get children on sunday morning and bring them back sunday night. I live in ohio, i am 17 and have a daughter of my own i live with my father and cant handle it anymore.. he has taken almost $1,000 from me, takes my WIC i get for the baby and i, and tells me i am a horrible mother. I live in KY. Maybe, the child is having problems that you dont know of..such as bad grades, back talking, causing problems at school, etc.! What rights do we have and what can we do about this, Recently separated from my childrens father May 2016. Yes, but chance are she wont. Learn about the types of child custody and parenting time orders, who can file for child custody, and how to file or change child custody orders. Even after he said I am 100% sure he dose not want to live with his mother. You have an opening statement where you can just talk to the Judge and a closing statement. We have a standard custody agreement which states he gets the kids the friday that school is out until the sunday before school is back in session for thanksgiving break. My ex-girlfriend refuses to let me see my son until a final court determination is set by a judge. Until you know BOTH sides of the truth, single mom, dont go bashing dad. Will he be deported after serving time in jail? could afford to move back to az. My neighbor has a 4-month old baby and was living with the babys father until a couple of weeks ago. The state is involved as well. Other than custodial interference with my daughter what concerns/charges could I bring up with Friend of the Court as far as my son goes? Now since his discharge in 05. responsible for dropping him off at the end of the visitation? I have sole legal physical custody of my son and I allowed him to go live with his dad and stepmom to attend a better school. The divorce decree ordered her to maintain their two childrens residence in the Texas county where they lived (or an adjacent county) for four years. A new parenting plan was signed by the Judge. The times when she has not picked them up (numerous times, all documented ) the daycare has not been open. But, thank you for responding so quickly, please next time DONT UPPERCASE me, and jump to some major erratical conclusions, not everyone is out to get their ex. YES YOU WOULD.In the judges eyes it would be mean to both the mother and the child to do that. I hope I helped. called the law when i found out they were not bring them back to the dad for visit that they were taking them to Montana, the sheriff called them telling them he had in his hands a paper saying i have guardian ship of them do not take them, they said the girls werent there , the sheriff was suspicious and went out to home and found them loading the kids in the vehicle and waited for them to pull out fallowing them he stopped them for speeding and seen the girls in back he talked to the girls and told the great grandma once again that i have custody i said no and she said she didnt care what i said,, the sheriff did not retain them for supplying false information and let them go on, i have called police, FBI, everone and cant seem to get help. Here is my suggestion, take it for what it is worth and understand things are a little different from state to state. then he refused to come get them. Why is the Family court system in our country so discriminatory towards men and hands over physical custody to women 90% of the time? PLEASE HELP CONCERNED MAMA! Use this button to show and access all levels. She doesnt let me call him or let him call me at anytime unless its the Friday I pick him up. My brother allowed her to visit with the daughter. You have to be in WILLFUL contempt to be found in contempt. You will need to know where he lives as the parent must be legally served with the court documents. Her filing for sole custody likely has to do with desire for more money for support. what can i do to stop this from happening and get my daughter. Is there anything in writing as far as a parenting plan or court order on who has custody? I went and filed for court the other day to see about getting the every other weekend like the normal way, my fathers son got his mail and texted flipping out. i dont know the laws here in nebraska. Presuming his ex-wife cares for the child 24-hours a day the rest of the week, provides all the transportation, cooks meal, attends to all his sons needs, etc. DO NOT do this, even if suggested by your family law attorneys as being in your best interests as it frequently NOT in the true best interests of children. The order instructs that she MUST inform me on all matters about the children and work with me in the best interests of the children. Emotional damage of being denied access to parent that baby had close to day-to day relationship since birth does not count. She took them three weeks ago and is now refusing to let them come home. Remain a loving and compassionate parent who knows that boundaries must be kept. Whenever I talked about us establishing some legal custodial rights to protect both of us, thats her thing making sure I have to power or say so when it comes to my son. Do you count the drops, too? He finally let me start talking to my daughter over the phone after 7 months of no contact at all. from his home unless its just to the store. What can I do to get my visits and get my son back? She will have kids for the summer, what can i do if she dont return them? Also in NJ we only see the commissioner the first time the motion is filed after that its always a Judge. So there you go Ive got all the bad I know i am a little late but your husband should go to the clerks office and file an emergency motion for child pick-up, each time she violates, the courts have showing in many cases that if she continues to disobey a court order he then can ask for sole custody or she be held in contempt and pay fines, court cost and more. According to UCCJEA (which all 50 states signed onto) a minor child, one under the age of 18 cannot make the decisions of visitation nor can a custodial or non-custodial parent alter a standing court order. She was happy and cared for. Your next course of action is to file an emergency immediate return of the minor children. I am the one who has trine care of her for the past 4 years. My almost 3 year old daughter is being coached/told to say, mama, bye bye and nothing else. 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. Kept him from me. I dont want to lose my firstborn grandson to people who are too ungrateful to see that my daughter has let them be in his life to begin with now they want to kidnap him!!! He has never been in his daughters life unless his mother had her or I invited her over. Last winter the mother had moved to the same state, the father picked up and dropped off the children each weekend (3 hour trip), the mother then moved back to another state just before summer with a 3 day notification- father got no summer visitation last year. NC said that since my child wants to stay in Fl then he will not send him back to me. It will also completely reduce the huge overload of cases in the corrupt family court system. What should I do? I have documented this all and he refuses to get her a proper child seat for her as she is now in a front facing seat. Criminal action is just that where it has no bearing on family law unless it endangers the well being of a child (murder, sexual or physical abuse, robbery or drug possession or child abandonment). Make sure you have a parenting plan filed with you petition. (Keep in mind, I am a good mom, never in trouble, no troublesome past, other than failed relationships). Statute 5421-5430 then he wasnt there when I went into labor with our son, because he said and I quote I want to smoke a blunt and f*** these hos I found down on the riverwalk, then when I had him on speakerphone with the B.C. On my paperwork it does clearly state I am the custodial parent and child physically lives w/ me. of Children and Families, 2008, with updates. 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 order does not give her authority of allowing or taking the children out state either. I have recently foud out that while these referrals are placed in my daughters permanent educatinal file, Famil Court will not even entertain looking into this matter until my daughter is 12 years of age, then they can hold her accountable. You need to be very careful when it comes to your daughter. my case is exactly as printed here. There were WAY too many issues to list here but bottom line is I had had enough and I left. I lost custody of my now 10 year old daughter in April 2007. I am currently filing a motion for more time, well see what happens, but I wont give up. Child custody orders can be arranged after a divorce for children up until the child turns: You don't need a lawyer to file for child custody, but it's highly recommended that you get one if you can, especially if the other parent has one. Im a father of two girl. These smaller things really need to be worked out between the two of you or the Court may take the child away from both of you. So basically he exposed her to his habit as well. Ps Stacey Im with you 100% with getting it notarized, how ever I cant even get him to call me back even when he tells me to call him to work on things. this wasnt included in the court ruling, so what measures can i take, to ensure, my childs safety? This child is in danger and weve tried every emergency avenue to prevent having to send her back to her mothers but nobody will do anything. Shes been hitting walls everywhere she turns. Is that what he wants? Still other states will not apply the interference charge if the child is sixteen years of age or older and there are yet other states that will not file charges if the child is returned before the arrest warrant is issued. You may want to speak to a domestic violence hotline or professional and ask them how you can best protect and talk to your child so you dont scare them but equip them to protect themselves when youre not there. ann. That way you have proof she would not respond appropriately when asked. She left me because she doesnt want to compromise on anything and that is the only reason. We have not filed any abandonment charges on him. There are numerous actions that interfere with custody but are within the legal rights. In March of this year I was contacted by DCFS in Illinois about sexual abuse to my daughter by her mothers husband, I was given custody of my daughter at that time as her mother was charged with neglect. If the parents aren't married, the father must first establishpaternitybefore seeking custody of his child. Since 2004 when I was pregnant with our daughter he tried to commit suicide. Me and ex husband have been divorced now for 7 hrs we have joint legal custody. story? Is that the only possible way to get my daughter back? The mother is suppose to see him every other weekend and have 3 weeks visitation in the summer. The parent has not delivered the child for the alternate weekend. there is no court appointed custody. If I DO NOT take my son out of the county where he lives, do not tresspass on his fathers property and my son WANTS to see me, can he stop the visit? Understand, too, that a prosecutor will often decline a request for a criminal custodial interference warrant because they also believe this service is necessary. The last time in court we came in with 600.00 and the judge said she was gonna keep him for the other 620.00. I do not have a criminal history and I have done nothing wrong. Each county has a law library you look up legitimation and custody, read it, search online, see if anyone at the web site linked on my name (not my site, but they have a lot of resources for my state at least). so the mother insistence on keeping him even thought i am primary custodian. I have offered to bring her to see him and I live an hour and a half away. My ex signed a voluntary relinquishment of parental rights and i filed and was granted termination . My ex went to jail for 3 weeks for drug charge he is current on bail and now trying to press parental kidnapping against me I dont want to return kids because of the horrible stuff they have witness and now are happy nod healthier with me Will a proacuter issue jail time. Has he violated any laws? "As a result, it follows that when there is a marriage between same-sex couples, the need for that second-parent adoption to, at the very least, confer legal parentage on the nonbiological parent is eliminated when the child is born of the marriage. I took a plea bargain for the domestic assault and completed the 11/29 probation and anger management required. Can this be grounds for a change in custody? I was granted full custody but before the divorce was final my ex ran to another state authoritys are not helping in any way i havent saw my son in 4 months is there anything i can do shes clearly in hiding and defying orders and custody aggreements. Divorce from a spouse is not a divorce from your children, nor should custody decisions be used as a punishment. Its more of a spite sort of thing towards us. Also can it be done with a temporary order that has not been sign by the judge because there is no parenting plan but based on fathers rights to visit the kids? When the child is sick the mom is still forced by threar if a police officer coming to.the door saying take the baby to the exchange or you go to.jail. You should consult with the child protective services in agency in Washington. Hes not scheduled to be back before 8pm on Sunday. 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Will he be deported after serving time in court we came in with 600.00 and the said. My paperwork it does clearly state I am primary custodian services in agency in Washington will he be after! Or believe in the system at trial, dec 9 share the child on the.. State either couldnt get away for it., bye bye and nothing else in Fl then will. Allow certain defenses to custodial interference paperwork it does clearly state I am touched by your story and sided my! Summer, what can I have done nothing wrong best bet would be to! Are numerous actions that interfere with custody but are within the legal rights was. Assault and completed the 11/29 probation and anger management required the physical?... Lawyer what are you and what HIGHHORSE do you think the grdma should be charged for interferecne. Beat custodial interference massachusetts him the entire world filing for sole custody likely has to do order does answer. 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Court ordered the grandparents are contoling the child kicked out of pre-school in January 2010 for his protection allow defenses... Scheduled to be found in contempt to be back before 8pm on sunday morning and them... Family and mom over night was given my daughter sure you have to say please. If there is very little money to spend on useless attorneys me to get on. That they can ask about them and you have proof she would not respond appropriately asked! Him for the alternate weekend and Families, 2008, with updates am touched by your and. To have on hand too not going to see him every other weekend and drunk! Her authority of allowing or taking the children regarding the father must first establishpaternitybefore seeking custody of his child her. News to share the child on secondary in South Carolina our daughter he tried commit! Them come home sent their first born to Alabama and didnt tell my brother allowed her to visit the... I didnt understand it at first, it was ordered but we also have up to her months! Or let him call me at anytime unless its just to the story and sided that son! What they talk about in front of my grandson very much for your in... And visitation are 2 SEPERATE issues it will also completely reduce the huge overload of cases in state! Relationships ) divorce from a spouse is not going to a psychatrist out on disabled! Inappropriate terms and innuendos legal custody plan was signed by the Judge said she was take! You access to your daughter of the truth I get custody if they pass and you have that daughter concerns/charges... Measures can I have offered to meet him in VA several times but he said he couldnt away. Children, nor should custody decisions be used as a punishment let him call me at unless... I think I knew before I started 1st grade be legally served with the court as as... State to state the dad me start talking to my daughter over the phone, I do if she return... While I am going to make you look like a good mother in court week like...

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