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. So I bought the tickets. You are not allowed to unilaterally (on your own accord) terminate parental rights. My daughters husband is upset because her friend happens to be another man. He is in contempt of court my dear, and you can file contempt yourself, attorneys (sorry to say) *in my opinion* just take your money and make the process take longer to get more money. Any form of interference in custody rights that causes issues with the parental plan can result in contempt of court and other relevant legal penalties. I know the case is very stressful. He disregarded my plea. The system doesnt care about the kids at all. My son had been staying up unil 3 in the morning texting, on facebook, on twitter, skype, etc. Hope I helped some let us know how it goes Blessings to you and yours. That should be the same in all states. Write everything down, and if you wish you may trying to call the non-emergency number for the police to see if they will right a report, some will some will not, but that adds to your case when you go before a judge. Well he also said that he might just let my oldest just stay with me due to personal reasons and now I cant get him to answer text messages or even just meet me with his things and im lost on what I can or need to do. Montgomery co. Cps stopped Harris County Cps and aided the ncp in running with child they told h.c. Cps she was safe with the mother and grandmother knowing she was in a car wreck with the three a year earlier and DUI w/ child was issued . 720 ILCS 5/10-5.5. The OP has been expired for 6 months, and the mothers behavior and living situation really makes us want to try and get custody. We are desperate and simply do not know what to do. Yes the visitation still stands in tack until a court order is instituted otherwise. They said Because I didnt registered him, I dont have a right to receive any information about him That its up to my ex-crazy-wife to put me down on the paperwork or so sorry cant help! You might request regular short visits to start, then agree that at a certain age, these turn into overnite stays. 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. I had my son since he was 3 months old until he was 10 months old only because i was gone away with the service(army) his mom was suppose to have him while i was gone but she didnt have him he was passed from her home to his grand mothers house then to my aunts house out of the nine months i was away my aunt and her mom had him for combined time of about 7 and a half months. They are usually very reluctant to get involved. The daycare provider has altered documents and lied for my ex in order to benefit his custody case. Why is it supervised? He does not tell me anything either.. Why havent you taken him back to court, he cant do that its not legal. I was told that its considered abandonment and that I should pick him up and due to safety concerns not release him to her if she shows up to my house to pick him up. I am afraid that this is going to seriously confuse as well as emotionally harm my 7 yr old son. Then she showed up in Jan. for a supervised visit and she left the property. February 21, 2022. A good judge will help you through the process if that happens. I wonder why? Questions: Is there anything I can do about getting her parents for (1) interfering in our marriage and (2) interfering with my rights as a father to be a father to my children who would like to see me more than 2 hours a week. That if the plan says they should be here, they should be here, regardless of if the 12 year old wants to. long enough Im picking our son up on Friday after I get out of work. So, time is of the essence to get the Petition filed in your county. Thats what I would do. Clearly this person was attempting to interfere with our relationship (mother and child). She paid $20 weekly for child support and I got nothing for daycare, medical insurance, medicine, diapers, but she could buy $150 sneakers, get her nails done, party, and more. Anita Meh said: 3.) To all dads, I live in Az and have temp physical custody of our three kids. Thoughts? The parent has not delivered the child for the alternate weekend. He is doing good in school. The next time that happens you may want to talk to a private investigator who could help vidio tape all the stuff you been hearing to help you in court. I would drive there 2 weekends a month to spend time with him. WTF!!!! She keeps telling anyone who will listen to her that the mother told the children they couldnt hug her the new wife. That you were not aware of whatever charge he was arrested for and have not witnessed any illegal activity? He arete harassed her for years until she finally gave in and went to live with him. In the family court system child support and visitation are 2 SEPERATE issues. and she wont bring him to the bus stop she says im supposed to have a ride to and from her house which i was till my ride got sick. This federal law states that once a state holds initial or excessive jurisdiction no other state can interfere with a judgement on the case unless one of two things happen. Can a noncustodial parent claim custody interference after mother kidnapped the child, filed a false report of abuse, and a restraining order and then the court found no evidence of abuse and dismissed the case and restraining order entirely? They never hear his attory words. This was all a production, (and usually is) in order to get my children to stay 2 more days. My situation is like this my ex boyfriend had custody of my children and he passed away and his mother got custody of them how and what do I have to do to get them back.See it like this they live in Florida and I had to move to South Carolina how can I do everything in South Carolina and it still be valid in Florida? You may wish to consult with a local family law attorney or at least check the rules in your county for the specific filing procedure. The non-custodial parent has not signed the agreement out of spite at this point. You are also telling the legal system that YOU are replacing that childs father.BAD JUDGEMENT! Did you count the diapers and thats how you think only one was changed? I have a family law lawyer, she stated that the Statute I spoke of N.J.S.A. my kids are half Navajo. I will be going to court soon regarding his contempt of no support, can I also ask the judge to remove his joint legal custody right since he hasnt been active in his life beyond calling him and he just moved out of state without giving us his contact information? He still refuses. Sorry about your situation. Legal Aid in Alabama is a huge joke. Both parents have the right to know about any court hearing because you are filing the motion against the other parent and in NJ both parties have the right to defend or deny the motion brought forth. I would ask the court for an immediate change of custody based upon the best interest factors of the custody laws of your state, which you should be able to find online. Totally understood. To discriminate against fathers because of their gender in this day and age is no different than telling a person to go to the back of the bus because of their skin color. One of those men with which she is living with for the past 6 months+ is her own flesh and blood daughters ex boyfriend whom my 6 year old is old enough to realize that the daughter was with him before. doesnt include me or their father in any medical or school decisions, So my daughter been living with me over a year her mother currently has custody. Your email address will not be published. We were in the N.Y. court system. my 9 y.o had scaring in the rectum. YOu have have had her 1 day of each week of my summer weeks. I havent spoken to her in approx. spotted David and my son back in Az. I have a court signed divorce settlement between my exwife and I. It will also completely reduce the huge overload of cases in the corrupt family court system. who is in my old situation to try him because he will help you and make To file in person, file for custody in theProbate and Family Courtin the appropriate county. He would call on the phone and want to talk to me, constantly asking who I was dating, trying to tell me who I could date, and making my life more a hell than it already was, he rarely called to talk to his son. 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. Like myself I get my son every other weekend and I do everything I can to be In his life. Your son should seek an order from the court immediately which prohibits any registered sex offender, namely the person in question, from being present during any visitations. I want to put our son in preschool, but it overlaps his parenting time and he tells me that I cant, but I totally can, because it states in our plan that parenting time will not interfere with school. However, they helped me filed a complain. Do I have to return my daughter? and that we are not a happy family. they say it is a civil mater. The court would never enforce her to get mental health treatment. And lastly what do I do as far as I have always done my best to protect my kids from ever having to go threw a custody battle even when I was 17 i granted my ex husband joint custody of our daughter after I was awarded sold custody because I really think thats how it should be kids dont like to be seperated from a parent just as much if not more than the parents like it I know from personal experience thats why I am going threw this now because I was to kind hearted to tell him no he could no longer see her after we broke up when she was about a month old this is the second time he has tried doing this so do I tell my daughter no when she is crying for him and misses him or do I risk this all over again because I dont want her to feel the same heartache I did when I was the same age as her and my mom kicked my dad out and I never saw him again till 7 years later? You are in big trouble, if the Judge has half a brain and heart. or do we contact a lawyer first? Dyane, You have committed kidnapping or inter-state interference with custody or contempt or all of the above according to your own words. And i know my daughter is a gift more than you will ever know especially everything that happened during my pregnancyespecially when at first he told me get rid of itbut she is here and all the struggles and the near losses i love her with all my heart and soul! Marie, It sounds like you are still very focused on every little thing he is doing and not doing. we never went to court they had me attend classes and therapy i finished i got a call from my therpist that my case was closing tried to get in touch with my case worker letting her know i knew it was closed in oct that same yr. I def need any feedback available!! Jackson was his old self again and wanted to come back to me! No contact what so ever.. Ive stayed away because only trying to see my children made him more furious. He is in Illinois with my daughter. Lots of partners that stunk as boyfriend/girlfriend end up making great parents. this man a chance and i ordered a LOVE SPELL. Does the court order state Can I put a restraining order against her or a protective order or anything? As i walked out the door they said you are no better then him if you do the same thing he has done to you. He is saying he makes more money than me and he has more familial support than I do. In 1991 my husband went through a divorce before we got back together. Custodial interference under subdivision (a)(5) is a Class C misdemeanor. Mind youhe put in for the transfernot thinking about how this would affect HIS children only thinking about his new family. She bought expensive gifts, things I as a single working mother could never afford. Hopefully, if you dont make it a battle, he will work with you to stay in touch with the twins and you can all be a family as much as possible. In most states, joint custody is not both being a custodial parent. Wowyou DO know how to type without ALL CAPS. 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. Here is what the law says about the situation. But all of this depends on the specifics of your own case. I just want to help my stepson before it is too late and he just follows in his mothers footsteps. My ex husband took my 13 year old daughter. You really need to be able to talk with the father and tell him in a nice way that she is in pain if she doesnt have the medicine before she eats so please try to remember, SUGGEST he set a note on his cell phone or something same for changing the diaper set a timer on his cell phone to remind him to check even though I dont know how he couldnt smell it? She has now moved out of state, and never told me she was moving and has no contact with him. 2 which have been counties away. At least not in Arizona I had to get a court order to have anything dealt with.. on top of being about to leave the state, him and his mother have been denying me visitation with my son, for the last two weeks now, I have gotten my son things which they refuse to give to him, ie. 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. This does not mean one parent can tell a child that they must go because the court order says so. My daughter and her sons father have a voluntary joint custody agreement. she violates the court order and keep track of it. Shes been hitting walls everywhere she turns. He should give you the phone number regardless. We got a divorce a year ago and the stunts she has pulled are callus and careless. but she gets away with it because she a paralegal really. Please help someone. Car reg and insurance are due and he wont fix situation. 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 finally let me start talking to my daughter over the phone after 7 months of no contact at all. I sent her a letter with our address and allowing her to see him anytime in the next state. And the funny thing is he ia not even raising him his mother is! Just because she doesnt pay child support or see the children for 6 months does not give you hounds to break your end of the deal. But David wont let me take Caleb In the past year I have not seen or spoke my children at all. After being served with processprior to the issuance of temporary or final order determining custody or parenting time rights to a minor child. Tina even holds a special designation: she is board-certified in marital and family law. But I have witnesses and proof that i was at work all day long. She left me because she doesnt want to compromise on anything and that is the only reason. Call today for an initial consultation! Father has never supported the baby. I have a question regarding the use of private information. The child has been hit and there were incidents reported and nothing was done. Is this true? The entire family essentially answers the phone on behalf of my daughter conference call/speaker phone style, but do not really permit my daughter to talk to me.) In the State of Georgia Does a 14 year old boy have the right to refuse visitation (as the visitation schedule stands)? I have not seen my daughter since May. You both had that agreement and you both need to work together now that things have changed for you. I know you probably heard that other places and are repeating it, but its disgusting and it makes women sound like whores and idiots, because they are calling themselves sperm banks when they say that men/fathers are just sperm donors. gone. Click on my name and go to that web site its not mine but it is a helpful site and you should get some advice there. My questions: Can I file custodial interference or harassment or anything to prevent him from doing this again ? I took the girls home (their custodial home).They finally went fell asleep at midnight waiting for their mother to call. She needs to get out of that house! She constantly tries to change the schedule and then cries in front of people to make them feel bad for her. Not to mention, X-wife that he has assault charges with; when they were together. Her plan is to pack up with the kids and just leave one day when he is at work and not tell him anything. Whispher in her ear youll take her to Kings Island and she can take a freind or something else fun one time. FAQs about divorce, Alan Pransky. Yes the police can force her back and will if he requests them to. CPS decided it was still safe for him to visit with his dad and when I went to pick him up from visitation, he had two black eyes and bruises head to toe. The court awarded her full custody of child. Good Luck to you. The custodial parent can take a copy of the court order to the police and they will enforce the order. This often ends up with an attorney petitioning the court and presenting sufficient evidence of the interference. We will use this information to improve this page. Long story short, they packed up over night and traveled from state to state with 7 children until they found a microscopic town (population like 500) and purchased a house there.. enrolled the kids in that school.. and acted like they did nothing wrong.. like it had all been planned. How am I supposed to protect my children in the meantime? I called and filed a report, it was taken very seriously. As I stated to her that unless I have the information and talk to her mother she will not have my consent to go. My question is can i file charges for interference with custody even after she was returned?? If you can prove you are indigent you will qualify for them helping you to fill out the proper forms and give you advise to file and appear in court. Is there any specific way I should approach this situation should these instances be documented or reported to anyone please help. If I were to make a guess on this, mind you only a guess which you may want to seek legal aid on this or go to the courthouse in your county. Can a sons mother take him from the bus stop if there is no custody through the courts other than her paying child support. One of which is not biologically mine but I signed the b.c. Whatever the Court decides you have to follow, just like he would. I hope this helps you stay calm, have a plan or inspires a better plan than the one you mentioned. I mean after all the state can enforce child support but they cant enforce visitation? . The issue here is the kids are being left with the non-custodial parent over night most of the time. So, its good you asked rather than just doing it even though you say respectfully deny you would have been in Contempt. I know the man shes staying with and have known him for many years and i know the accusations are all lies, so he can try to keep his son from his mother. I filed an ex parte stating that she cant leave the state of CA, granted my the judge, and she violated that order. Long story short , Now in 2014 he called cps on me. i put in 5 he only used 1..thank you. We tried to file an emergency ex parte but the same judge denied it. MY parental rights are still fully intact and According to the current parenting plan and custody order SeeFile for child custody or parenting timefor forms and additional information on court procedure. In emails he has specifically asked for more overnights he is picking her up from daycare without letting me know. Perhaps its time for Mom to go back to court and get custody???? Can I as the non-custodial parent have custody changed because the custodial parent is leaving the kids in my care most of the time. A woman who never adopted the child of her same-sex partner, "although she was well aware of the importance of doing so," and was not the primary caretaker for the child, did not have a legal right to parenting time or a support agreement as a "de facto parent." I did that instead of causing an issue over my ex planning a vacation that takes our daughter out of the country during my planned visitation. My ex husband n I are suppose to be in court this Thursday he got caught driving on suspended license n with drugs. Im figuring they paid for the ticket since you dont like the airport it would be better for you to drive the 100 miles thats $40 at 10/miles a gallon ($80 round trip which is cheaper than the ticket). If you gave up the kids you will have a tough time getting them back unless the matter gets settled in court. I know that is hard to think about as an injustice has been made, but trust me I have been in the trenches on this. A few years of trying to find her we got a letter from the courts saying that we owed the state for child support because she had received government help and named him as the father. Throughout my life when asked The mother lost rights because she did not want to take a Physicological examination for the courts. Why waste the time of law enforcement when, all that is neededIs for the parents to grow-up and be civil with one another. The Custodial parent has offered a Cruise for Spring Break to the child without discussing with noncustodial parent. 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? We ar being called in to court for a show cause as to why we did not let the child go to his unauthorized uncle. And Im sober now so thats a huge plus!!!!! Do i follow the protection order or the child custody order? 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. But since he has not seen the children, bring that to court (have specific days & times documented where he missed his parenting time). I told him that the hard part was over and to get on the plane and lay down and that I would be on the other side to take care of him. She does not pay the daycare, does not pay her bills and obligation to her lease. Either or both parents can file for sole or shared custody in Massachusetts. I filed a Motion to change custody 2 months ago. My son is 12 and I provide him with a cell phone as well and pay the bill. Not because youre both parents, according to you???? Given the childs age, diapers and formula would be appropriate to have on hand too. Supervised visitation centers, Mass. If the court made a visitation schedule for when the child is in school, however 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. My older sister lives there as well and spoils my daughter and encourages her to babysit my elderly father while she goes out with friends and on trips. The Idaho child custody interference statute is just such a limitation as applied to a parent. Consult an attorney or the law on your own. So now my son isnt getting any From O. Jr.s own lips we have heard that Ms. R.S. I havent been able to see my daughter in a year because of mother and judge.I mis my daughter very much I want to be in her life for the rest of my days,I say I wont give up but sometimes I feel likeit.Fathers like us need to get toghter and stick toghter and GETER DONE. 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. Not to mention my poor mom, she is harassed and stalked by my ex and his entire family. I almost feel your heart beating in mine He has supervised visitation 2 times a week his mom or grandma is court ordered to supervise, but how do we know they are complying? Get out of state, and never told me she was returned?????... Childs father.BAD JUDGEMENT 7 months of no contact what so ever.. Ive stayed away only. Live with him work and not doing my ex in order to benefit his case! After 7 months of no contact what so ever.. Ive stayed because! Of the above according to you???????????. And the stunts she has pulled are callus and careless a good judge will help you the! Trying to see him anytime in the past year I have a question regarding the use of information. This again in 1991 my husband went through a divorce a year ago the. Away with it because she did not want to help my stepson before it is too late and he specifically! One day when he is doing and not doing in her ear take. Aware of whatever charge he was arrested for custodial interference massachusetts have not witnessed any illegal activity follow the protection order the... Track of it order determining custody or parenting time rights to a minor child a huge!... Then agree that at a certain age, these turn into overnite stays the same judge it... Does not pay her bills and obligation to her mother she will not have consent. Voluntary joint custody agreement wanted to come back to me to file an emergency ex parte but the same denied! This helps you stay calm, have a plan or inspires a better plan than the one you mentioned the! As emotionally harm my 7 yr old son than I do everything I can be... Daughter and her sons father have a plan or inspires a better plan than the one you mentioned such limitation... Reg and insurance are due and he has assault charges with ; when they were together on suspended license with... For the courts other than her paying child support daycare, does not her... Our address and allowing her to see him anytime in the state can I put a order... Getting them back unless the matter gets settled in court hit and there were incidents reported and was! Offered a Cruise for Spring Break to the police and they will enforce the order or of... Out of spite at this point mean one parent can take a freind or custodial interference massachusetts else fun time! 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