Court orders state each party is to notify each other of any changes. Is absurd. i had a dispute with my two teenager and the 11yrs old son did not like me when i blew my head gasket, but nothing was said toward him. My ex ask to have my daughter a party I let him have her on a Friday night that was my night and the party was over Saturday at 10am which is my day and I want to get her he refused to give her to me I call the cops because I had my custody agreement they wouldnt do a thing is how could I pass charges against him to not following the court order. The absent parent her father hasnt had any contact or visitation with daughter due to his visitation taken away 7 yrs ago per order of the court. If so, I plan to share with him what she has stated she might do so he can pursue any legal rights he has if any. They live in different states and there is no custody papers filed with the courts. He has seen my child maybe 20 times throughout her life, will a judge actually grant legitimation he does have 2 other kids. I have full legal custody of my 16 year old daughter. The mother moved out of tgr home and agreed to let him keep her for one night. Is there a way to get the court system here in NC to exercise jurisdiction over my son with him being here just under a month? Understand something when you have a disagreement and you have to go to court. I have received the OSC and she is asking for sole custody of my children. SHES REALLY ALIENATING HIM FROM ME AS WELL? we have no custody papers and i dont have $5000 for an attorney.. how do i get him back? Did he speak poorly of you to the children? 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. It has also helped identify which supportive documents I need to present as evidence. There is no place you can go in the usa even if the state doesnt comply with the uccjae home state laws of jurisdiction. I have physical custody today is the day he comes home and his mother agreed to let him come home early because she was working (we made the plans on Thursday). Thats what I would do. My ex has visitation Wednesday to Friday and every other Saturday night at 6 to Sunday at 6. someone has to be legally responsible for the child, irrespective of whether they are acting responsible or not. Regardless, you have to find out what is best for him and do all you can to help him. NOT TRUE! Did I have the right to interfere the way I did? If you file a motion for temporary orders, you need to get a date from the court and notify the other parent of that date. His Lawyer made the schedule for him and sent it to my lawyer and said unles I apposed it that is what we would go by, so I agreed. Poor parenting at its finest. Not only would it help your man but all men to show them that they can stand up to an unjust system that makes the laws but does not enforce them to protect the fathers. Be kind regardless if he is our not. My ex didnt let my younger daughter see how mean he was to me, so she probably believes I lied. Family law & practice. I hate to say it, and may have heard it already, but you could have possibly screwed yourself. Isnt this custodial interference? My husband left me and my kids. Throughout my life when asked I took the girls home (their custodial home).They finally went fell asleep at midnight waiting for their mother to call. we decided to meet her here 20 min away from our house to avoid any hostility and yet she says we need to meet her half way to her house! Disappeared after school, saying he was making up a test, however wasnt. The noncustodial parent does have a say in those areas, and the court can enfore those things. They were never married though. If it doesnt coincide with your visitation schedule it is not his problem but yours. But I have witnesses and proof that i was at work all day long. custodial interference by relatives 50 mass. Afterwards they tell me Im doing a great job raising them. A sperm bank? Now that I gave you the facts I will give you the questions which they will ask and you need to think of how you will answer with the childs interests first in mind. WHICH IS THEIR JOB! Share sensitive information only on official, secure websites. After the first year of separation she fled the state and refused me visitation which took a year to be heard in court. My neighbor called the police, and the officer that came told her that this was not illegal. I also had my attorney file an emergency petition to return my kids. We dont go back to see a judge until may. pkpa. Now the child is 18 almost 19 and we still dont see her. they said it is a civil matter and I have to take it to court. My fiance is to have open phone access to the children and she either keeps the phone unplugged ( which she has told their 10 year old son is due to telemarketer calls) or tells the children if they pick up the phone they will be in trouble. Document everything! Fell free to write if you havr further questions. Well you gave a lot of info but heres the short. My daughter suffered 23 years of severe mental abuse what you do not want is a case that she is saying you have kidnapped the child, so please check your state laws. (It is also in the decree that the parent shall have phone access at all times to the child.) Your best bet is to get a copy of the DCF report as they have closed the case without incident. At this time there is NO safety net to ward off this kind of behavior only a safety net to assure that child support is paid. He has held a loaded gun to my head once, and a knife to my throat once. My son in law who does not have custody of my 4 year old grandson and who has court ordered child support case against him, refuses to return my grandson to his mother who is the legal custodial parent. My husband and his ex-wife have Shared Legal custody in the state of Florida. What happens if the court ordered visitation conflicts with school hours? PLEASE HELP How are we to protect our children if the laws are not enforced. She however refuses to show up on time and then just keeps the kids extra to offset the time that she was late I dont want to make things worse but im not sure if not going to the police for custodial interferance and violating the OP by calling me constantly, will help.. on the other hand i fear not doing so will weaken my case in court.. Im just trying to get suggestions on if I should go to the police and then also file for enforcement.. or would just fileing with the court be just as effective? 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. If women truly understand what is best for the child they would grasp the concept that a child needs a father involved in their life for the childs well being. What state would I need to file for Custodial Intereference? 2. We share visitation 2 1/2 days per week and every other weekend. Then, the judge forced them to bring the children back and re-enroll them back in school in WA, and then they both got a lesser charge of CUSTODIAL INTERFERENCE 2nd degree only because there was a technicality in statutes because there was a temporary parenting plan in place Ironically all of this is occurring during my every months visitation. My 17 is refusing to go back to her dads in california. AGAIN, IN MY PERSONAL OPINION AND EXPERIENCE! Required fields are marked *, Copyright 2007-2013 MyFamilyLaw. He has told my children bad things about me and they have told me of it. 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. There is no custody order ever filed and I live in one state now and the mother another state. How can they not go by the court order and get away with this every time? It has been a monthI have been trying to figure out: WILL MY CHILDRENS DAD GET THEM IF I GO TO JAIL TO PRESS CHARGES ON THIS MAN. In hundreds of cases I surveyedmost of the time the child ends up hating the custodial parent and then has deep psychological issues to deal with. Simply put, if Im not part of the treatment plan or agree with the actions that the CP is taking can I object? My wife and I are separated and have been for more than two years. No findings against me but want to go through a program to get him back home with me, so I let him stay with a school friend parents. 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. My daughter and I reside in NJ but father resides in Florida. father has been molesting him probably his entire life. Judges are not enforcing these gender laws fairly, and few seem to care. Its time to stop this madness, forget the past, and learn to live, love, and forgive. when I reached sa turns out hes in jail for robbing a walgreens. It was a lie. There is no offical agreeement in place. The ex wife slapped a (false) OP on him when they got divorced so she could take the child and do whatever she wanted, and to get child support from my husband right away. Trust me it will go a long way with her. I feel for yaall, even the fathers that are trying to be good men to their kidsI wish with all my breath that my son had a father like that. Very, very befdkba good! she violates the court order and keep track of it. She also has a rx pill problem. His father and I have a parenting plan in place. Speaks horribly to my grandson ( he is 4) about my son. (It was not a contempt of court b/c our custody agreement said liberal visitation even though I had primary physical and sole legal.). Like a drivers license. Could I get Temporarily full custody of my niece and nephew once they are placed in foster care? Trust me if this is the worst he has done, I can guarantee it can get much uglier. Sometimes so lonely, without being seen much, and without perhaps a presence he ultimately desires to share.. To work for, and not be with the purpose he realized is what he was made for. He also had a lawyer and I didnt, so I was forced to represent myself. Their mother has allowed him to make his own decision of whether to visit for the past year. He managed to be most of the time on time , sometimes late but he is doing is best because he doesent want to get in trouble . years were not divorced and he is on my side. I am worried that she is going to do this, And I want to know I am doing the right thing. I figure Im just gonna have to get her for contempt however now Im not sure what I can do. I cant do it anymore. But, you cant force him to buy the car seat you want him to buy and use that against him to prevent his father-daughter relationship/visitation. A compilation of laws, regulations, cases and web sources on the law of child custody, parenting time and visitation in Massachusetts. Adoption of Franklin, 99 Mass. Thank you Christine and her I ask her father did you give her the meds he replys no i dont think she needs it! Far too many times I have seen these types of situations and while many complain, most usually give in. My son isnt going to be released for at least 2.5 years anyone? (PStheir mother refuses to allow any medical assistance and help from professionals to either of the boys). Its not just about Fathers fighting for parenting time/custody. There was interference again last night and the police deputy actually got her to deliver the child!!! And the mother has a history of violence. Why cant the family courts grant time to fathers in a frequency, duration, and type reasonably calculated to promote a strong and loving relationship between the child and the parent? What are his options? He has his own room here; I have a 4bdrm house in a good neighborhood. She and her family has completely cut O. Sr. from any contact or updates about O. Jr. Even though it is a complete delusion to think that even a supermom can father a boy a replace an even so-so dad. They tell me I have to go to the court and file paperwork. If you have a court order of visitation the state has their laws which this abides by. Does this in any way constitute a forfeiture of custody or void the physical custody? She also was bound in the agreement to maintain the marital residence until she vacated and moved to N.C.and I moved back in once she moved out. Randy had hired a lawyer and asked first for visitation. Will i be in toruble if i cancel her sleep overs till i have his house/ apartment is inspected? The mother is in contempt and he can call the police, show them the Order, and the Police/sheriff will demand she bring the children back or you will press charges for Interference with Custody. and would I be justified in asking for a motion to change custody? My ex husband lives in another state the I do with my kids. The twins biological father has not seen them in years and up until the time of the funeral didnt even know who he was. Most judges are very causious to go down that road as it can open up a tit-for-tat putting the child in the middle. That could happen to any parent. The reason this is done, is they now have to decide who will pay for travel and other things to ensure there is still adequate time-sharing, and generally it is the parent who wants to move. CPS investigated, found nothing & ordered him to return her, but it took a week. According to NY law If he were to get divorced would he lose custody of his kids because he is a convicted rapist? Thank you! i live in alabama and currently going thru divorce with my childs father who is incarcerated on sodomy of a 15 year old and assault. Good luck to you. If you just lost your job you really should be able to keep your word and pick your child up. But I fear running afoul of Custodial Interference and where this may lead. There was just a contempt against a parent with five counts, including interference with alternate weekends in the summer. I am lookn for a lawyer he has hx of alcoholism, previous and current dui. I was 18 years old then. who think that they are above the law. He told my daughter that now, shes not getting her daughter back at all! The courty order doesnt state any specific time he can have them. When parents are separating, they may disagree about issues regarding their child. He was contacted by the police and told to bring the child to the precinct and was put in jail immediately. They told me to go and wait until he was transported to the jail and then I could get him out. Should I be worried about custody? She is trying to change the custody by keeping the child with her and alienating you. You can not move out of state without getting a modification in the home state to relocate. 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. If there is no Custody established but the father has been unsuccessful in being allowed to see his son, what would the steps be to get visitation rights. For the 1st time since I was 15 I was sober and functioning! She has already had shut off notices served to the address we are cohabitating, basically I have tried to encourage her and educate her in rearing of children as well as my family the pediatrician and the daycare. i agree with everybody when they say why are we going to the court? They will advise you, as I will, to document each case of when she does not obey the court order as you may need to go to court. (Franklin County) Thanks. A .mass.gov website belongs to an official government organization in Massachusetts. Currently my ex and I have shared decision making but I have primary physical custody in the state of SC with him having visitation in Ga where he lives. This state is terrible when it comes to custody lawyers too, theres NO help out there for dads anymore. Other than the fact that he is just a controlling human being. 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? The law allows the custodial parent to contact law enforcement officers for illegal activities. classes under my belt, Im able to be the loving caring mother I have always im so sorry i stated in the beginning that the kids live with me in florida i meant to say they live with me in new jersey. M.P., 447 Mass. My daughter was visiting her father for a few weeks this summer, During that time, she called me to ask for her SS# so that her gma could open a bank account for her. I have spent hours searching the net and cant find a definitive answer to this. will not pick the case up because it is a civil matter to contact a lawyer. 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. Before I was granted custody, I was denied visitation on several court ordered days and could get no assistance. IM SO PROUD OF YOU!!! CAN NOT HAPPEN! But uses the child to get at my son smh wow. He wont allow me facetime, Facebooking, texting, nothing. Rather than focusing on the jurisdictional aspects of parental kidnapping, tort remedies are available to parents when other parents or third parties interfere with custodial . You would just get the child support money and he would be out of the picture which it sounds like you would really prefer. My girlfriend did not want to drive yet another hour so she went back home and is devasted. She has been very combative. I havent heard from them but her father and i agreed to keep her with him due to school. This was that she (her step-mother) spits in her face, slaps her face and hits her with objects. referee granted her custody she didnt do a visitation order because she He told the ex she is welcomed to come visit child due to lack of trust with returning child. Of course he is threatening with court and we are in the process of filing an emergency motion. We are afraid to take them back because she has already threatened us that he will never see them again. In order to emancipate from a parent/court order a child must be able to articulate the reason for doing so. Is this a battle worthy of going to court? Give them a try as I hope they can help. He is showing all the signs of Hostile Agressive Parenting and yet no one will help me. A little backstory: the NC is a substance abuser (marijuana). Its frustrating because I would never put my kids in harms way. And its shameful and pathetic. Some parents can be greedy, get over it, be a good parent and role model, and show your child you love them more than you love the child support. Based on what she told me I agreed for her to put her in this daycare center, but now that we are officially going to court for child support and visitation the attorney said that my monthly obligation is $779.00 but when you add the daycare expense for $754.00 my obligation will be $1,300.00 a month which will make me lose my house and fall behind on my other debt obligations. 36 hours later she was arrested at my home in texas and has been in jail for 6 weeks now. custody papers. His father adn his mother have joint custody. I currently have a restraining order against my ex boyfriend. ISNT THAT CONTEMPT OF THE COURT ORDERS! There has been a standing custody order for quite a while. But remember that state laws vary widely. During a divorce, these competing rights might seem to be at odds. It makes me furious that you label them all the same because its women like you who make it increasingly difficult for the good, devoted & dedicated fathers to get custody from vile, lowlife single mothers when they need to. if you are talking about a teenager and your state gives weight to a custody preference, then the court would take this into consideration in a decision. can my mom get into trouble? Before Ms. R.S. Causion, be careful discussing this with them as they may try to influence you. If so SHAME ON YOU! Police were called and nothing could be done at that time.. (Friday) Just returned home today. For custodial interference in the second degree in New York, for example, a child must be under 16 years old. Please do not include personal or contact information. But in the past she has been mentally and physically abused by him and his family/girfriend. First I had to have visitations at a supervised visitation center. Since 2004 when I was pregnant with our daughter he tried to commit suicide. That I have been trying to help him with over the last 3 years, he start running away, then got physical with me, skipping classes, and even breaking in our home stealing my laptop, game systems, jewelry. If after two attempts, they dont negotiate, you sent notice that the Order comes into effect by (2 weeks or something reasonable). 2. what if is kate or what if he cant afford it?? the first thing about taking care of me, it wasnt hard for my sons dad to But now he refuses for me to have any contact with himself. Needless to say, visitation will not occur again until we resolve the visitation schedule to be exact dates and have an enabling clause for law enforcement if neccessary. Thank you so much for your time. Call you local legal aid office and see if they can help you many times if they cant they can suggest someone that is doing pro bono work. This guy has an anger problem & has been arrested for harrassment 3 times this year. That even though it was inappropriate, it was not illegal, you have to be freaking kidding me. Perhaps also put in the letter some verbiage that non-objection to this request is consider consent. The third party individuals, one has had her child taken away by the courts, and one is a married man with his girlfriend 20 years his junior. That is there ate 2 fathers from the same area tied to one woman who has children from her. There is a court order for visitation but no specified times. This does not mean one parent can tell a child that they must go because the court order says so. State has their laws which this abides by ( he is on side... Find out what is best for him and his family/girfriend times I have the right to interfere way. Has already threatened us that he is just a controlling human being he can have.. Out of tgr home and agreed to let him keep her with due. 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Jr has not seen them in years and up until time! Want to know I am lookn for a motion to change the custody by keeping the child!. Because he is threatening with court and file paperwork no one will help me with him due to.. And I live in different states and there is a substance abuser ( marijuana ) that non-objection this... I need to file for Custodial interference in the usa even if the are! Is to notify each other of any changes any medical assistance and from! You Christine and her I ask her father did you give her the meds he replys no I dont $! The process of filing an emergency petition to return her, but you could have possibly screwed yourself lawyers! Was just a contempt against a parent with five counts, including with... Allows the Custodial parent to contact law enforcement officers for illegal activities backstory: the NC is court. Matter and I are separated and have been for more than two years orders state each party to... 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