My daughter (age 20) has full legal and physical custody of her 18 month old daughter. He is on unemployment and in school full time. Now that he knows he is home and not going anywhere he will talk to him again.
I was wondering that if my Ex and I have Joint Legal Custody if she can change daycare without me knowing and then tell me afterwards and is this vialating my custody rights? Do you think in FLorida my husband will be able to get sole parental responsibility with limited visitation for her? i am in the same situation, my ex wont let me have my kids on my visitation time, 3 years and the police and courts wont do shit about it. My ex husband refuses to let my son and daughter who is 5 to call me during the night. 9A.40.060. Ill be praying for you that everything works out for the best for you and your family. After she refuses, the father has no choice than to go and pick him up, which was all she wanted in the first place. He has been involved with his son now for 6yrs and not being able to contact him he feels his bond with his child is being cut off. Then a homeless shelter, hotel, a drug house, and back to another homeless shelter. I am stuck and my baby girl is so unhappy at her fathers. He also stalks my poor mom constantly (who also has a restraining order against him) and was looking in her house with binoculars this past week. Shes saying i can be charged with kidnapping. at 3 am I awake to hear banging at my front door. 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. A judge may establish paternity if one parent files for paternity in court, or if both parents sign and filea voluntary acknowledgement form, which the father may have already signed when the child was born.
Just a suggestion/opinion. She ended up taking the kids out of state as my mom could died any day and the kids need to give their last rights. I allowed her a visit for 30 days with return an now 2 years later I have been in court 8 times on custody and visitation as she has tried revoking all of my visitation and communication. It is always good to get legal advise on the matter as they can navigate better within the local codes and laws.
But, youve already petitioned for a contempt of court so its a moot point now. Went back to court & had somevisitation removed & had the court order re-written so it was stricter. At the hearing, you will appear in front of the judge. 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! It posted separately so Im posting again under yours as a reply. By the time the police got to his house everything was okay ( I should not have called NC first to let him know Id call the police to check him out- in essence, all I did was give him a heads up that the police were going to come knocking on his door. This cousin has been in jail 2 times for the same charges.
venue in cases of custodial interference by relatives Best of luck. We believe that the children have been left alone unsupervised since the incident of assault happened and that their mother is verbally abusive to the 7 year old. Therefore he can have full custody of his child and the child will be safe. He is with my family on vacation, just like he goes every year. She has has her daughter over the week-end and my grandughter has changed. he seved his time and paid his debt. "An annotated bibliography and resource list for divorce or separated parents and their children. enticement of children 50 mass. The dcf worker has to wait on the doctor to release there opinion on if ahe was medically neglected. Yes it is a lot of money but my girls are back. He was furious. I wanna tell you that you need not to My court order seemingly only pertains to me and not him.HELP ME PLEASE!!!!!. When this happens the pain of rejection is intensified. Required fields are marked *, Copyright 2007-2013 MyFamilyLaw. He was withdrawn from school by the other parent an hour after the TDO was filed.
My husband and his wife did not get along with my cousin and his wife. CAN NOT HAPPEN! If they see an issue of child endangerment they will take the children, more than likely giving them to you until the case goes to court on a criminal misdemeanor. She tells my children im not the mom that she is. rang. Hey if it isnt in agreement or in court papers and wasnt agreed to in court that we dont have to do it right? The first being no jurisdiction has been established or two all parties no longer reside in the state that holds said jurisdiction. Oh God, I hope youre wrong.
Would it not be reasonable to give notice of this change to the other parent? The case is in Oregon what can I do to make the babysitter give me the information i am entitled to as their parent, and what can I do to stop my ex from taking my rights away. We have joint custody, he is the residential custodian and I get summers and visitation. Next day she refused to tranfer custody, I called police, they confirmed her refusal but could not do anything since no court order. Can someone give me advice ? Its only been 6 months that our daughter has had overnight visits every other wknd and some holidays upwards of a week-9 days w/ her non-custodial father. interference, the day I got to AZ to be near my son I was served with emergency The paternal grandmother along with her son my ex took me to court for years doing everything to find me unfit, The Judges dismissed me, never asked me any question, 730 evaluations were in my favor but I know by hearing it !st hand from my ex his parents bribed the judges, attorney and evaluator to all go in their favor. But for Christmas he gets here to NC early December. Political figures often discuss the welfare of our children but never discuss the problem regarding our family court system, unfair visitation laws and how those laws effective fathers who want to be part of their childrens lives. An official website of the Commonwealth of Massachusetts, This page, Massachusetts law about child custody and parenting time, is, Massachusetts law about children and minors, Massachusetts law about marriage and divorce, Massachusetts law about child custody and parenting time. I made a calender for the Judge showing all the violations, with documentation of my attempts to contact his mother. THERE ARE NO EXCUSES. However, neither one of us live in Texas anymore and she still withholds visitation. The child is now refusing Spring Break visitation and would like to reduce Summer visitation to 3 wks. Because her mother still is using and continues to put the welfare of my daughter in harms way by taking her to known drug dealers and users houses and has came to my attention that when her mother has conflict with other drug users she uses my daughter as a kind of shield to keep known drug users from basically jumping on her for what ever reasons or things shes involved in. He was awarded sole physical custody of our child with a Circuit court Judge taking my rights away. In my divorce papers it states the non custodial parent has to return the child back to the custodial parent which is me once visitation is done. the mom just hasnt put them in school. MY parental rights are still fully intact and According to the current parenting plan and custody order Immediately? Moreover, It is my best interest (and I believe my sons best interest) to let me have the primary custody. What can be enforced since there is no appointed custody? SeeFile for child custody or parenting timefor forms and additional information on court procedure. I dont want to come between you and your father, I just want us to have a mother-daughter relationship. old daughter her mother has physical custody i have visitation days, now my question is her mother is refusing to pick her up at the end of visitation days and neglecting to get her from school, so I am being called by the school to pick her up because she is left up there on days that her mother has custody of her. But my parents have already agreed to sign custody over to me. When the children visit the father, there are never any issues, the kids have fun and are better taken care of then with the mother. I went to the marital home several times in hopes to just talk person to person and maybe work something out but he was never there or wouldnt answer the door. The babys sperm donor took her to court for visitation as a method of attempting to inflict pain on my daughter. Id really like to know what the best next steps are and what can I accomplish. There is evidence the Custodial parent is not supportive of the relationship with the non-custodial parent. Ya but I raised both of those boys more than she has the youngest has lived with me more than her and the previous weekend she sent him home right after he got there he threw up on her. The first offense is a gross offense. 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. If you are over the age of 18 and did not press charges yourself you are okay to do so as the order which is enforceable pertains to minors unless otherwise stated (handicap or judges discretion). Doesnt usually matter if the receiver signs for certified mail, so long as you have the receipt it was delivered, dont ask for return receipt or a signature for them to leave the mail and you just send certified (not return receipt requested). This directly contradicts your definition of custodial interference. The childrens father tracked me down and I just got served what are my chances of winning in court? 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. My husband and I have physical custody of his three children ages 17, 14, and 12. Since 2004 when I was pregnant with our daughter he tried to commit suicide. 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!! I took the girls home (their custodial home).They finally went fell asleep at midnight waiting for their mother to call. I know my advise may sound unconventional, but save yourself time and money taking one step at a time. How is this constitutional. Your son has to get out of the victim complex and fight or he will be another statistic and so will his child your grandchild! my question is if you do have a court order of every other weekend and the person with the sole and physical custody of the child says they are not going to bring your child to you what can happen.
Your best bet is to get a copy of the DCF report as they have closed the case without incident. SeeFinding a lawyerfor more information. so my husband is in jail now for interference with child custody were in TX. The father refuses to allow the daughters (13 and 16) to see their mother. He has never been in his daughters life unless his mother had her or I invited her over. Im moving outta state for a Better job and cheaper cost of living. The bottom line of this statue is like most other cases, Jurisdiction is retained by the state where the child initially resided and where the case was filed.
Kids dont expect us to be perfect, they just need to know its not their fault when we fail to do as they wish we had. I have been a preschool teacher for years- my policy has always been to not ever release a child to an unauthorized person. Son is 14, quit taking his meds, and I dont want to be in violation of law..I have primary physical custody. His visitation is for 6 hours, and the kids are to be home at 7pm. One is almost 12 years. You dont have to split a sick day unless you agree to it. "", Della Corte v. Ramirez, 81 Mass. Once the Order is in effect, the full extend of the Law applies. It only took a month or so of being on Perhaps we can meet half-way or you can help with the gas. I do not see how that it can be legal. My exs attorney and I came to an agreement on custody and parenting time just a week ago. He is refusing saying I am making him do it and wont sign. Tina even holds a special designation: she is board-certified in marital and family law. not legally. There is no piece of paper that wil enforce visitation, but miss a child support payment and you rolled an advance to jail card. It all looks great on paper, but that is all it is. My son calls me and says he is at times the only one sitting outside the school and I will drive by when I get off work or his grandmother will go by and we wait there with him until she shows up. The Custodial parent was found in contempt 4 times in another state. That is, if there is not any reason for her to stop allowing visitation and if there was, she should have filed the emergency hearing. Im at my white end. i haVe A question If my mother refuses to return minor children back to the state Where they live what grounds do I have be cause they are 16 and 17. Constant custodial interference I have to boys, 14 & 10, My children reside in IL, the court order and my ex live in AZ. PLEASE HELP CONCERNED MAMA! She left me because she doesnt want to compromise on anything and that is the only reason.
If only all thought that way. 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). I just got pulled over for having an air freshener on my mirror and it comes up my license is suspended but they couldnt tell me why except it had something to do with court! What if my ex has moved to a different state across the country and will not give me her phone #? He showed up at the designated visitation spot and sat in his car for 15 minutes on the phone and when I tried to call him and signal him to get out of the car and spend time with his daughter he did not answer so I left. Can I file charges against him for refusing to communicate with me? Is there anything legal that I can do? If she trys not to stay with the schedule file a police report, discreately. MY oldest is turning 13 and decided he wanted to live with his dad. After the papers are hand-delivered to the other parent, be sure to get back the form showing proof of servicefrom the person who delivered the papers. Should I call the authorities in his town in Florida, and have my son removed and returned to me? This is why courts will often have a general guideline about how to determine custody cases, but not mandatory statutes. She and the children and the Dad live in NC with myself (her Mom) and my husband (her Dad). you 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.
The bottom line is a judge doesnt care if you have a written mutual agreement as it does not count and the police will not care if you are a father with a court order for visitation as they will not enforce (typically a woman) to turn the children over for visitation. Your child CAN emancipate themselves from the other parent, but as I stated you must not encourage things like this as you can be accused of Parental Alienation. If your child has a valid issue consult an attorney in your area. Your next course of action is to file an emergency immediate return of the minor children. What should I do? 4 years ago I was divorced and immediately served with an order of protection spent my daughters birthday in jail because I called her mom to ask to meet an hour later than previous scheduled and before I new it probation and classes when the only violence Ive ever exerted was at 12 yrs involving a BB gun and a bird that still bothers me, my ex had every court tactic you can think of and my court min are the longest in the state of Arizona anyone has ever seen and after pumiling me to a severe depression she then tried to terminate my parental rights all together. At our final custody hearing, my ex husband was given 3 weekends a month with our daughter. A mediator serves as a neutral party who can help guide you through pre-divorce negotiations in a manner that allows the couple not a judge to decide upon the terms of the divorce. I go to the police and they end up getting a hold of my daughter.
They will look to see how important this issue is to you.
Shes not technically interferring since he is there are the house and she didnt take him away, but the custody agreement to have him every other weekend is not being adhered to. The kids do better when there is no communication. If you feel uncomfortable about living with your dad you may file a motion for review of child custody. My daughter didnt agree to share custody with her sons paternal grandparents, she agreed to share with her sons father. You should consult with the child protective services in agency in Washington. After I filed for contempt she responded making false allegations that I am a drug dealer because I possess a medical marijuana card, an alcoholic, and that I constantly fight with my girlfriend. If anyone else is interested in this fight let me know. Best of blessings to you and yourz < 3. First let me say the actions of your ex are heartbreaking. I really take offence to that. We dont believe she has left the state, however not seeing his son in almost 4 years causes great concern and worry about his well-being. This is a case by case issue left to the discresion of the court. You might help her win custody by doing that. We are planning on moving to another state, would he be charged with kidnapping if we moved? DENIED CONTACT WITH MY CHILD, DCFS CAME AND LEFT HIM IN HIS FATHERS CARE. And if they didnt, then the Court would lean to your side if thats where you had to end up. I live in the state of California and i have no idea what to do. if custodial parent does not go through with the visitation plan (he is out of state) My son was awarded custody of his sons. Im losing hope as I know cant afford an attorney. And here he was again victimizing me and 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. Why are most women so illogical, bitter and unsensible when it comes to what is best for the child. A Motion of Contempt and Motion of Parental Interference. The last time my brother heard or seen his daughter was 2/7/2010.
My daughter is 6 months pregnant and the stress is tearing her up. You and your son will be in our prayers. I miss my children so much it physically makes me ill thinking about them. do I need to file for sole legal and physical custody of our son? Im a father of two girl. You will need to document everything; dates, time and incident as this may need to be resolved in court. It would be to your benefit to have a parenting plan available for the judge which shows visitation and communications with your ex as you desire. If you admit it, apologize and offer make up time, paying for transport, etc. My husband took me to court for visitation for both of my kids hes in prison for a while I have primary residence and custody of them until he gets out then he can have my daughter because he has custody of her the thing is i waved my right to a lawyer and a trial hes now saying that i have no rights to both my kids when he gets out they combined both court orders does that mean i have no rights to them and if i dont how can i get them back i have been taking care of them since they were born and hes been in and out of prison i wanted joint custody but he said i lost custody to both of my kids what can i do can someone help me, Question on if you have visitation decree that said child is to stay nights or days.but ex pretty much did not want to abide by it even thoe he payed attorney to create it 6 years since he gets them every other weekend they are 14.15 years old and 2017 they did not want attend christmas dinner due to our beliefs and now he wants to abide .and im married now and they are use to how things been set up what are my rights, Your email address will not be published. I had to take my son to counseling because he began to wet the bed, have terrible nightmares, and behavioral problems. control me. She needs me as much as she needs him and her time with me is a need Plus he still has enough time to make it to the visit because the parade is over at 1030am. If you do not return your child to his or her other parent at the right time or on the right day, then you could be held in contempt of court. STOP BEING SO SELF CENTERED ALL ABOUT YOUR SELF, AND YOUR CLUBBING AND HOW HOT YOU ARE ARE ON FB..MILF, HOW ABOUT MILH, MOTHER ID LIKE TO HAVE!!! Aloha!
unsupervised visits but shes been witholding them out of pure spite, She I told her I needed some Oj.
If you are calling and disrupting their time together to control or make them miserable or uncomfortable that can be considered obstruction or parental alienation especially if it is execesive. I have a friend who has been caring for a set of twins since they were 6 months of age and their now 14 years old. Custodial interference is where there is a violation of the custody rights granted by the court. It has bee .over 5 hrs since I have saw my children, over a year since I talked to them. We had moved from California in December and since the move his ex has broken the order several times. I am pressing charges against my childrens mother for contempt. Since my release I have turned my life around and have been out for over a year and had no trouble what so ever and am currently on parole. You aren't required to reach an agreement with the other parent. The previous custody order does not allow neither parent to move children out of Maricopa County without consent of the other parent. In the past year I have not seen or spoke my children at all. What are his options except to wait for an emergency hearing to enforce the court order. When you say supposed to where did that come from? Civil contempt may be used to award make-up time to the parent who was denied custody or visitation. Saturday morning, he called my daughter & said he wanted to go into work, so he wanted her to come & pick up my grandaughter. It will be an uphill battle but he has to show that she is and has violated the order. I would suggest that you talk to a couple of family lawyers in your area and see what they say with what the criminal attorney is saying as I find what he is saying is probably not right.
hey i have a question if a father has stop communications with me and only attempts to contact me when he is made feel horrible for not seeing his kid for over 3.5 years and then breaks promises to see a daughter since she was 18 months and in the last six months has almost stop paying his child support of $52 a week do i have a leg to stand on to take his fatherly rights from him when all he does is use the title of a father like a trophy?
I have informed my father I wish my son returned to me here in Massachusetts immediately, offered to supply the plane ticket, and he has thus refused. tells him that O. Sr. wants to seal him and take him way and that he does not love him.
The mother got served but I didnt she states and I also seen the petition its all base on a different family case history which they know isnt mine they said it wasnt and dont know how but someone changed out s.s.# in it. We meet at a police station once a week and exchange my children, this is the court order as she lied in court and had a restraining order granted out of bitterness. What can I do?
gives the appropriate officials the power,to implement and enforce the law. There was never a warrant for her.
Recently dissolved relationship, we have a beautiful 8 month old daughter. I live in Indiana and I have a set of newborn twins. Regardless, you have to find out what is best for him and do all you can to help him. In March, the 12 year old sexually assaulted the 7 yr old while at her house. The father of the baby has brought him back a couple of times to let her see him, but always removes him again under threat of physical violence if she doesnt comply.
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