I just wants son to see his great grandparents before they pass on, they are 84 years old and I just want our so. Okay I have a question I got a phone call from my sister and my mother today saying that Wednesday night my ex-wife was rushed to the hospital and she is pregnant and they ran some blood tests and the hospital called DHR because she had methamphetamines in her system DHR took my son and my step daughter to her house and handed my son over to his sisters dad now his sisters dad is not his blood dad or biological dad but I am and I live in another state what can I do about DHR not contacting me even knowing Im paying child support. However, CPS has agreed to accept it. Plus last night i call my ex to speak with my children and my children tell me that there inside the car as were speaking by themselves and my ex is in the store. The last time my brother heard or seen his daughter was 2/7/2010. (Which is why I am surfing the net and came across this site). Any attempts to entice the kid to get away from the custodial parent is also a form of interference. The parent, with custody rights of a kid, is expected to handle many tasks, has specific responsibilities, and the freedom to engage in different activities. I have been searching and searching to find my children as he moved from Florida after getting them. Her mother has convinced her that Randy is an awful person. Now I dont want her to see them until I take it to court. Second dont be spiteful. control me. Do you think we have a case to try and make my husband the primary custodial parent, just based on the living situation and his health? I am going to see them today and really want to bring them home! They say it is a Civil matte and they will do NOTHING!! You have set the precedence that YOU pick up the child. These stats show the best interest of the child has NOT been supported by 99% of the time giving custody to the mother automatically. Its wrong that the courts consider the mother to be the primary parent just because they have the vagina that birthed the child. Sunday he called and told me he had found a job and was working there, but wouldnt Will hubby be held in contempt of the court order? yes, all states recognize the mother as the custodial parent when their is no order. However, she is now saying she wont let my son see him any more unless theres a court order. She also managed to get the child kicked out of pre-school in January 2010 for his absences when she was to take him. Legal Aid in Alabama is a huge joke. He has told my children bad things about me and they have told me of it. I want my daughter and new baby to be together also and have a mom and dad that love them. And by the time the court would happen she could be long gone already. If you are dealing with custodial interference, you should contact a family law attorney to find out the best way to proceed. If you're unmarried, but you and the other parent signed a voluntary acknowledgement of paternity or there is already a court order which says you're the father, you must file: A copy of the signedVoluntary Acknowledgement of Paternity, The Affidavit of Indigency and Supplement if you can't afford the fees. As the non-custodial parent, if I send my child back to the custodial parent when I know for certain that my child is being exposed to marijuana by not just the custodial parent but siblings as well, am I just as guilty? Its recommended to seek legal help when the other parent causes invalid interference. If one of your childs parents work out of state and is not home for his weekends do I still have to send my child with his girlfriend? My daughters ex has learned that all he has to do is call CPS with some ridiculous charge & he gets to keep my grandaughter until my daughter can get into court & get an emergency order to get her back. Call your local domestic violence organization and get an advocate to help you. My Sons father has a warrant for his arrest. She is filing for divorce in Tacoma | Disclaimer. My ex has visitation Wednesday to Friday and every other Saturday night at 6 to Sunday at 6. These requests, although expensive for the mother, seem reasonable in consideration of her disregard for Court Orders. I never abandoned my son.. Then if you want to go to court the normal person cant afford to do that because its too expensive. I have sole custody of my son since he was 6 months old, which has no geographical location restrictions, who was abandoned twice by his mother, then she returned months later as he was still a infant, homeless in his life. Then you can follow the Order for law and the other parent will have to bring the child to you on Sundays. MAYBE IF YOU DIDNT HAVE YOUR HEAD SO FAR UP YOUR FOURTH POINT OF CONTACT YOU MIGHT SEE THAT. Im seeing and dealing with this situation as we speak. Fell free to write if you havr further questions. She also says she cant get him visitation. trying to circumvent my custody. i am waiting for the paternity results for my child. Learn how to do things independent for you. If that is so, how do you make someone do something they will not do so how can that work? We now live in Arkansas. who is in my old situation to try him because he will help you and make If she trys not to stay with the schedule file a police report, discreately. Im concerned because he has a felony domestic abuse charge against him for the girl he was with before i met him..which i didnt find out about until my daughter was 4 months old!! About 1 year later, my son told me that his dads girlfriend had molested him. I told him no. If only all thought that way. and hes pissed because i have sole custody and hes even more possed at the amount of support he has to pay..which he comes up with stories of why he cant pay it! My 19 year old, a full time college student, has told me he wants to petition for guardianship and keep custody of the 2 minors. If you gave up the kids you will have a tough time getting them back unless the matter gets settled in court. Its about mothers too who have wrongly had their kids taken from them from manipulative grandparents. Renee, The only time Ive seen talking on the phone as a contempt or interference of custody is when an Order reads that a party has the right to speak with a child and that is not allowed by the other party, thus an interference. If she refuses the child it is contempt of Court (the Court gave the Order so the contempt is against them and that doesnt stand well with them) or if the Court Order is clear then it is interference with custody and the sheriff/law must enforce it by you showing the law/statute in your state for interference with custody. She doesnt teach him anything, she doesnt make him brush his teeth (he does now because we called her out on it and she went and bought stuff so she doesnt look like a bad mother too late) and she lied about enrolling him in preschool. I said no since it reduced my time by half. Jason, my question to you is your separation recent? Some states also recognize the childs wishes, typically when the child is at least 14 years of age and may waive the charge of custodial interference if the child states that he or she did not return to the other parent on their own accord. It is very possible that he never wanted you to move so far away and it sounds like he was in the military at the time and really could not say or do much about it because of his military commitment. But it is a myth. That is not what the order states. But most importantly he can have his father and a family, and not his grandparents 5days a week, his best friends dad and family every evening after school and his mom 2 days out of the week, me full time. Because you care so much, I hope you stick it out!!! File the proof of servicein person or by mail with the court. Its called Enabling Clause! Would the custodial interference still apply since it is a temporary order? An official website of the Commonwealth of Massachusetts Here's how you know. Ask her how she feels, how she is doing, what she wants, what you can do to help her if shes having a hard time. Best interest of the child should always be paramount, but that varies on a case by case basis. however if you do get the child i would file a motion ASAP and state the child resides with you at the time of filing and as for custody, state the living condition, and your reasons. 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. He does not allow them to call me on any day. Your children will thank you for this later in life. She use to say I have the prettiest mommy n the entire school. Does she have to go to court and say that or can she tell the police when they come and talk to her. We disagree with it. He filed a motion to find her in contempt, but the motion was denied stating that in his divorce decree it states that no motions can be heard in family court without first going through conciliation. Its really a shame what the child is having to go through. We will use this information to improve this page. He has filed for joint custody, but the trial is not until September. laws ch. At times I have not heard from this person for up to 4 days and the kids are confused since they do not know when they will have to leave. Remember at one point you had enough respect for the other person too lay down with them and create a child the child did not ask to be brought in to a world too be fought over just to be lived and taught by the two people who cared enough for one another to create them lead by example. Oh and he would have them swim for hours in the AZ heat to tire them out so he would not have to deal with them, exposing them to future skin cancer. So chose to fight away from them and never say negative things about the other parent infront of them. Will he be deported after serving time in jail? I have Joint custody. The girls, fearing for their safety, left the concert and went to a mini mart some 2 miles away (it was the nearest and most familiar business they trusted). The officers can assist you in the details on how to go about doing everything to make sure this doesnt happen again but make sure you file for contempt! It would have to be served since I do have proof that we are already in process at family court, and I have signed agreement as well as case# for when I called local Police Department for them to verify her refusal to release child per agreement. 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. My wife and I are separatedand have 2 children. The mother thinks its my fiancees responsibility to pick the child up and drop him off even though she lives a mile away and the judge told her she can do one way of transportation. Seeing that this is the case calling the police will do nothing more for you than what I will tell you as the will say the same thing. Even if I hate the man, I love him as their father. Total violation. I decided to make his visitations more supervised so this wouldnt happen again. the only thing we have been able to do is file a show cause..but thats not until March.This is the state of Virginia, so in other words the parent who has physical custody has no rights? I want my daughter and new baby to be together also and have a mom and dad that love them. If that were the case, its not her fault. I have 3 kids with my ex who lives in AZ. I also called CPS again and they did a joint investigation. to release my 9 y.o to his fathers parents where he immediately recanted his For example, look at it as him giving you a break to spend some intimate time with your family (grand parents in this case) in a much deeper way than being distracted with children that are running around or constantly pulling at you. I will not be able to afford to pick up _____ on Sunday nights beginning on date (2 weeks from now). She used to take us to court every month for random reason and somehow she got to the point where she see him every other weekends , all holidays , and 6 weeks in the summer . Hope I helped some let us know how it goes Blessings to you and yours. I saw your note earlier today. If she is willing, the least expensive way to do it, barring all attorneys, is through a court appointed mediator. What rights do I have as a custodian parent to take non custodian rights do yo finding out that her boyfriend i!s a sex offender and my daughter told me that the non custodian boyfriend bathing her inappropriately What can I do? My situation is similar .. Trust me if this is the worst he has done, I can guarantee it can get much uglier. Is it possible to let her choose? we have no custody papers and i dont have $5000 for an attorney.. how do i get him back? OR is she correct in saying that there are no specific times? She wants me to get children on sunday morning and bring them back sunday night. He even told me that the opposing attorney, the judge, and even he thought I was crazy! My 17 is refusing to go back to her dads in california. if he didnt stay with her hed be at the homeless shelter, and he has no job. I informed her early in the morning east coast time that I wasnt bringing him today. Handling interstate removal cases, MCLE, 2010. They called me (the custodial parent) and explained what happened and asked to be picked up. Then together draft a reasonable plan for a regular schedule that takes into account the age of the child, etc. If the court order states that the mother is to drop the child off and That way you have proof she would not respond appropriately when asked. If the domicilary parent sends a sibling to get the kids on the non domicilarys visitation day can that sibling be charged with interference? Can my family keep my kids from me because I went to detox. at 3 am I awake to hear banging at my front door. There is evidence the Custodial parent is not supportive of the relationship with the non-custodial parent. If he does not and it isnt because youre trying to take his children away, then you have to check your state laws for rights of extended family. They will drag it out and take all of your money until you go away or cant pay child support and then they put you in jail. Like myself I get my son every other weekend and I do everything I can to be In his life. Even after he said I am 100% sure he dose not want to live with his mother. What are my legal rights or what should I do? I feel the daughter is in constant imminent danger of some creep taking advantage of the situation. Under the law, this child has one mother and one father. hes been in jail for 8 days now and still hasnt got a court date yet or bail. that according to you, may not be necessary. Any help at all with my situation would be greatly appreciated. Many states have grandparent laws that protect grandparents rights and they get communication and visitation. Florida Parental Kidnapping And Interference With Custody. Is it legal for one parent to kidnap a child from the other parent and refuse to let them see each other? YEP. I pray a lot. Her mother and stepfather kept calling me at asking me if i knew were there daugther was and i said know i have been at work all day. S. Calhan, co.80808 on/or before 8-24-2008 I went to court 3 month after to get custody of her. She lives in Greene county now which is one county away from Montgomery but has had 3 or 4 different men in my 6 year olds life. What should I do? Here is what the law says about the situation. See the comment above yours. He also threatened my family and friends, and separated me from family and friends. I have no money to hire attorney as all my money goes to my disabled son. 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