I went to the school to pick them up for our Labor Dayu drive to my folks (5 hours away ) and find out he had picked them up YESTERDAY (he had them from yesterday from my house from school) and took them to MINNESOTA!!!! Neither of us has filed for seperation or custody. they have no family in Louisiana except my mother in law who is an alcoholic. 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. My ex and I have joint legal n physical custody of our son with reasonable parenting time. It is 99%. 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. START READING UP THE STATUTES AND LEGISLATIONS IN THE JURISDICTION STATE ( where the divorce and visitation papers were filed ), and remember YOU CAN DO THIS YOUR SON NEEDS YOU, NO-MATTER WHAT YOUR EX SAYS! Dyane, You have committed kidnapping or inter-state interference with custody or contempt or all of the above according to your own words. Are you able and are they able to deal with them and how will it affect them in the end? I had to contact a criminal law lawyer. In which is only a 12 month period, hopefully less. Failure to receive court-ordered child support is not usually a valid defense against a custodial interference charge. they said he just had his panies in a bunch or wad and not to worry about it. Custodial interference, a punishable offense, occurs when a child under the age of 18 is unlawfully kept from a relative who has rights to custody or visitation. Told me to take her to court she isnt worried because the courts always side with the moms. If she has ever been violent then you can file for an order of protection that will also make it easier for you. it makes no sense. the father is now hiding the child from me. Termination of parental rights is the family law equivalent of the death penalty in a criminal case. 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. Does NC have the right to do that being that only paternity/child support (which hes way behind on) was established and not actual visitation? Usually they admit it and think they wont get in trouble, but they will if they say the children dont want to talk to you thats third party and not allowed in Court. child access guidelines which is every other weekend and one night a week. YOUR RIGHT ON THAT ONE! My sons grandmother, Symone, on his fathers side took my two-month old son Tuesday before last. Thank you for your time. he would have to go into court in PA to obtain contempt of court unless he has filed the custody order in WV and asked the court to domesticate it (in other words, make it an order of the WV court). Whats happening to them on very rare occasion, is happening to fathers everywhere, all the time! I will not make that costly mistake again. What should I do? @ StaceyI have it in text message. I have had 2 psychiatric hospitalizations due to depression, PTSD, and suicidal ideation and have fully complied with treatment recommendations. I have no income and Im unable to work. She use to say I have the prettiest mommy n the entire school. In some states and in some circumstances, custodial interference is . See the comment above yours. Ct. 787 (2021) It will follow suite under the federal law called UCCJEA. I take her to see his mom and I sent him messages telling him that if he wants to see her then he can call or e-mail me and let me know! Most states call the time Fathers spend with their children as Visitation instead of calling it what it is Parenting time. This collection was part of a project of public information initiated by the Hampshire County Probate and Family Court in Northampton, MA.". I dont know where you live, but I am a father who has custody of 2 girls. She is extremely emotionally abusive as my 19yr old daughter can and will attest to, as well as now my 17 yr old daughter has been sucked into this by her and my sons father and is also living with them. She tells me that she does not have a home phone either. What do I do. She is ADHD. IM DESPERATE TO GET MY SON BACK. All i want in the world is to see my son even if for a minute but she wont allow it. 2C:13-4(a) Interference with custody (including Parenting time) under 2. Why is it supervised? Will I be in legal violation if I keep the father from seeing my daughter due to his neglectful behavior? If there was no custody agreement, she cant do anything about you keeping him in NC. If they are over a certain age for your state the Judge may want to talk to the children. First does the school have the right to with hold all information should I contact a teach in regard of my child for grades or otherwise? 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. 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.! Thats who the Court cares about as well. I have planned to take my daughter on vacation to hawaii for 16 days in april i have sent 2 certified letters to her father and he refuses to sign for them or pick them up at the post office. Please advise. I pray that is true for your daughter and her father and you. It is important to continue to file a motion for contempt of court every time there is parental interference. It posted separately so Im posting again under yours as a reply. Why are most women so illogical, bitter and unsensible when it comes to what is best for the child. 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. First and foremost, this means . the custodial parent can call the police all she wants but unless the court says otherwise, this is not kidnapping it is the choice of a young man who will soon be an adult. 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. When two parents share custody of a child, they will often create a parenting time agreement, visitation agreement, or other arrangement governing each parent's right to time with their child. I dont sleep and I am terrified of what will happen if she remains with her father. The Courts are becoming aware of the monsters theyve created by giving the court-ordered mothers all the power their first assumption that they would do what is right has failed. The problem is is that I dont know where Branden is staying and he doesnt know where I am staying. Then you can follow the Order for law and the other parent will have to bring the child to you on Sundays. We have joint legal and my house is the primary residence. Top-requested sites to log in to services provided by the state. Anyways it How do we protect him and fight against the mother, which courts typically side with??? Hes going around spreading lies and telling people that my grandson is telling him that we are mean to him. THAT IS CONTEMPT OF COURT and possibly INTERFERENCE WITH CUSTODY which is a criminal charge! So Randy fired her and got a court appointed attorney. I have been searching and searching to find my children as he moved from Florida after getting them. That is an unfit parent and should not be near your children. As soon as I marry the new guy, he is putting my daughter on his insurance so she can get the braces she so desperately needs, braces which the ex has no means or intention of helping pay for. Massachusetts domestic relations, LexisNexis, 2019 with updates. I live in Oklahoma and was wondering if I filed for custody here I could get them back. I am all for a good father like my friend who is a good DAD AND ONLY GETS TO SEE HIS BABY ONCE A MONTH AND IT HAS AFFECTED HIS LIFE, HE HAS NO MORE BUSINESS, NO MORE MONEY, BUT HE CARES MORE FOR SEEING HIS KIDDO SO HELL TRY HIS HARDEST TO PUT UP WITH THE WITCH, OR FIGHT BACK. Can he stop me from taking her on vacation? 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. I know I gave you a lot of food for thought. Finally, I ended up moving to another town about 1 hour away and when I went back to my house to get the rest of my belongings, my ex was there and had destroyed my things and threw my personal items out into the driveway. Not to mention, X-wife that he has assault charges with; when they were together. 650-34-2254 birth day 10-21-2004 my child the mom Karin M Spears abandoned with grandparent Jack and Janet Spears 1170 E Ellicott Rd. Again thank you CHRISTINE~!!! If there is an established Court Order for you to visit your child then your x may be in Contemp. I asking you guys ???? His house is dirty and sometimes stinks of cat pee, he doesnt provide nutritious meals and he doesnt turn the heat on very often. She has told us she will get the LAW if we dont make them come. http://www.causes.com/causes/635417-pas-intervention/about. If she didnt get what she want from me, she will abuse me through my son, knowing that I love/care my son so much. She filed an order to comply. What are my legal rights, what control over those rights does a 14 year old have? So basically he exposed her to his habit as well. He has all the vehicles and will not let me have one, hasnt helped with any support, will not communicate with me about our daughter or any other matter. Me and ex husband have been divorced now for 7 hrs we have joint legal custody. Do I have the finances to fight this case? Indiana is full of a bunch of crazy, inbred, incest morons, thats why they think there is nothing wrong with this. My older daughter remembers enough that she didnt need to be told, and she wasnt surprised when I told her about the impending divorce. My brother lives in another state, there is no way we would have known about this so called public notice. Then three came and went, so did four, and around four-thirty I start freaking out, right, because no one is answering their phones. MY grandaughter has changed to be after 2 days with her mother. Your question has to do with a court order and the discretion of the judge. You are also telling the legal system that YOU are replacing that childs father.BAD JUDGEMENT! This is not true, my grandson thinks anybody who disciplines him is mean to him and that includes his father aswell. my ex wife(not divorced yet) is refusing to give my daughter back, its been 3 days after our scheduled time. Thoughts? I live in Alaska and I am the custodial parent of my 3 year old son, he has lived with me since he was born an when his mom an I split she had her mom kidnap him I got him back in 2008 I have temp custody. I have a hard enough time with all this so, I dont need anyone talking down to me when you dont even know me or how things ended up the way that it did. Its soooo good that you are trying to work things out and think about the best interest of your child (even if its just one of them). Far worse it will stir her up where she may trump up charges of domestic violence or child abuse so be aware. The father doesnt have any money or gainful employment as far as I know. So I ask you in shear desperation to please help in anyway possible. imagine but when I was losing Jackson, I needed help and somewhere to If this is not possible then your recourse is court. If it were me I would only focus on her and I would do everything short of kissing his butt to make peace and be a family as much as possible. I truly think there is much more to this story so all I can say is put aside control and show your son some love and respect on his decisions as it will go a lot further in your relationship. We are still married but had problems in our marriage. They lived with her at the time of her passing (Less than a month ago). 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. You would just get the child support money and he would be out of the picture which it sounds like you would really prefer. Can I legally keep him? -Is there an active parenting plan filed and has it been adhered to? Its possible to commit interferences that are legal or against the custodial parents rights. Cole, only a Judge could say for sure. The truth is that custodial parents keep children from non-custodial parents far more often. his eyes to know how much we have to share together. Aunt has no custodial right at all.How do we prosecute. We meet half way at an agreed upon meeting place. i need any help i can get.. is this legal, what can i do to get my daughter back? Anyway since 2007 I have been going to cour fighting for custody. Just a heads up. However after i got off the pphone with him on the 4th my sister calls me accusing me of being an alcoholic (not true) and says I need to move down there. I would be going along with humanitarian group, too. Personally, sit tight, I know as women when were hurt and scared we want to run to something familiar. Not taking the children back to you during his visitation time is also not going to be seen as a problem that is his time, and as long as he is treating the kids right and not being abusive or neglectful, he has a right to keep them for his entire visitation time even if they say they dont want to be there. I have agreed for my son to visit his father 3 out of 4 weekends out of the month, as long as he can afford to return him at the end of the visit. Should I be worried? I have been married to Randy for 18 years and he has been a wonderful father. Can he get temporary custody or guardianship? And it seems that the woman refusing to take the boy as ordered by a Judge, doesnt respect the authority of a Judge, therefore assuming that she has little concern or respect for the authority of a Father? I pray a lot. I am sick of this woman interferring in my home. We are to have him every other christmas and every summer. does any one know the name of the paper work to fill custody interference. I stated I would not agree to this and we would stick to our original plan of at 14 he can choose. She doesnt let me call him or let him call me at anytime unless its the Friday I pick him up. He changed the locks and didnt tell me, so I busted window out and did get some of my daughters clothes and toys. So, single mom, get over yourself and your put-upon, martyr pity party. Now, its as though she does not want to be around me! that the ex wife is to drop the child off and then your husband is He has told my children bad things about me and they have told me of it. He even told me that the opposing attorney, the judge, and even he thought I was crazy! Its doubtful a Court will sympathize with your failure to pick up your child, harassment of the other parent, and frivolous use of the police for $25???? So with that said your ex is doing the right thing. I pick her up every Saturday after I get off of work at about 7:45p (takes me 30-40 minutes to commute to their house from work). Plus Im the primary provider for all of his expenses. ?The whole purpose of supervised visitation is to make sure the parent is doing the right thing through someone watching over them supervision. I was concerned about him not bringing her back the first visit but he gave me an excuse why he couldnt so i had to get her! The parents live in seperate states, the father picks up and drops off the children each summer. Examples include failing to return a child after a visitation, refusing the other parent the right to see them, or even influencing the child's opinion of the other parent. His father returned from whereever he was at claiming custodial interference. No consequences. Can I put a restraining order against her or a protective order or anything? I dont like sitting up all hours waiting, when i have things i need to. he was in our sons life for two days before this happened the police wont do anything because its a civil matter and the dad and his mom have refused to let me see my son since this happened six days ago. But in the past she has been mentally and physically abused by him and his family/girfriend. I endured this for a few more years, taking into account that I didnt receive court order child support except for a total of about one year$50 a week. Copyright 2022 Lewert Law, LLC | Designed by, Ask these 5 Important Questions about Property Division During Divorce, 4 Important Facts Florida Residents Must know about divorce. I was wondering something my ex husband has full custody of my child and has been indicted on 3 charges of manuf,sell and distribution of a drug substance what steps other than filing for full custody can I take. There is no offical agreeement in place. She has repeatedly told me she will throw the phone in the pond. I have since found out from my son that my father has been leaving him home alone while he goes to the bar for up to 5-9 hours at a time, as well as telling him lies about me and attempting to alienating him towards returning to me. Best of luck! You know you will have your childs father where you are. Family courts are corrupt and they have a way of preventing good parents (Fathers typically) from having reasonable contact and relations with their children. He also refuses to let me know when he is bringing my son home so that I can make sure someone will be home. Can a sons mother take him from the bus stop if there is no custody through the courts other than her paying child support. What should I do? I have her for 5 weeks in the summer since I live out of state. I have learned how corrupt the system is. 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. Angels Dad is 100% right! My husband was ordered to comply and return him. You have to stop it faster with a contempt filed in court, if the police cant get a warrant for interference with custody. 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. He also leaves them with his mom and goes to work during his parenting time which was scheduled around his supposed days off, his mom will keep the kids until the ended visitation scheduled time and lie about it. Can the police in Arizona legally throw the mother in jail for keeping her child home when she is truly sick from 1 visitation now and then when she has a high fe er and is vomiting and wants her mommy? Dont bring him back. Is there anything I can do to get the right to have my son after school since his father is still working?! believe he was ever molested by anyone.. Receive small business resources and advice about entrepreneurial info, home based business, business franchises and startup opportunities for entrepreneurs. The custodial parent can take a copy of the court order to the police and they will enforce the order. he said NO. Her child who is five, has been thrown out of a number of daycares is constantly being called into Children and Youth, the drama never ends. we called the cops and they say they cant do anything, its total bs. If the interference is ongoing or poses a threat to the child's best interests, modification of the custody . enticement of children 50 mass. Texas officers state this is a civil matter and I will have to call an attorney. 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. he has taken her from me not to have to pay me. can a parent keep a grandfather away from his 30 yr grandson that lives in a group home ? My ex refuses to let see my daughter or build a relationship with her. Best wishes for you and your son. Also if I have full sole legal and sole physical is he still required to help provide financially for his son? your question is confusing. If Father does not consent you will have to file a motion in the family court in your county seeking permission. She will communicate with me via email when she feels like it or needs something but refuses to give me her phone #. Did not.. Have you bothered to talk to the other parent to find why the child had been grounded in the first place? He in the last has called social services on me and have had the kids looked at many times. You are very selfish and I dont feel sorry for you and like childrens services told you do the right thing and if not like my daughters mother you dont deserve to be in your childrens life its about the kids not you. was I would sneak out and hide things and stay out all night long, it quickly laws ch. He only gets the kids 6 weeks in the summer and every other Xmas. Because of my work schedule, which my work changed, i have been having to work saturdays now. I would do a search under state statutes or code, during my search at your expense you can request that the criminal background check be done on any adult living in his home and this can be included in the case for custody because you are concerned with the safety of your child. Can I get in trouble if I dont send him over there? If no papers get signed by the time his protective order twards me is up can i take my child back without facing criminal charges? This legal battle has been extremely expensive and has labored no results. But, no. They can take you to jail too if you interfere with court orders.. Through the 4 years O. Sr. worked in Iraq as a contractor he voluntarily paid $1,000 or more a month in child support and upon returning from working in Kuwait he voluntarily went to court to establish child support for $500 a month back in December. Neither of which has even told us what to do. As a result of filing for contempt she has dragged me into court in Illinois from Florida three times since the beginning of the year (who does not hold jurisdiction on the case). Parenting plan states that childrens daycare is means of exchange unless daycare is not open. Any I filed an police report with the local pd a detective contacted her and told her to return the children, she did not and was going be hind the scenes in TN. Use this button to show and access all levels. You have two arms and legs? One time we ran out of court after her just so he could tell her he loves her and she acted like he was a monster. I just did that to get my 3 year old back. when I was instructed to write my life story down on paper and read it aloud (That What are you going to court for in April? Being a father of 4 who my ex took my kids to Chicago from Florida under the same circumstances I can say I have no sympathy for your story. 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. Grandaughter is 16. In includes discussion of the best interest of the child standard and other factors such as parental conduct the Court considers in making a custody determination. Stay strong gentlemen and fight for the best interest of your child. The biological father came over one night and took the children to Charlotte, North Carolina, where he now resides. What can I file to protect myself from custodial interference? Can the mother keep the baby until the court date. The only person who gets hurt in these situations are the childrenespecially the ones who cant have a relationship with there father (most times) or there moms because they are tooo young to decide so the courts do it for themThey shouldnt have been left to go with them in the first place They will not beable to have a relationship with any other family members who were in there lives. Southpaw1982: my ex and his wife did the exact same thing but the sheriff told me they couldnt do anything until visitation day was missed. Stop going after the other parent because your upset over something the other parent is doing, and to look as though you want whats best for the child by using their child to get even. They said my daughter willing treated her daugt in a manner as to adversely affected the childs health and welfare by #1 leaving her in that county (this is not true), #2 without legal papers for the caregiver, (im guessing they mean no type of power of attorney for healthcare) and (that is not true neither), #3 there are also allegations that my daughter gave her sleepy medicine to make her sleep, (this is not true eihter the last time the grandma (should havebeen the last time) had visitation she took the girl to Drs and got cough meds and then gave it to my daughter for the child to take, my daughter didnt want to give her meds only at night sometimes if her cough was bad enough to interfere with her sleep, i was standing there in the bathroom when she told her daughter this will help your cough go away and make you sleepy!!!! I have emailed my ex-wife 4 times asking if she would allow our daughter to spend her Spring Break with me although its not my planned visitation this year. Its clear to me, my older daughter, his family, my family and some mutual friends that he is manipulating her. This often ends up with an attorney petitioning the court and presenting sufficient evidence of the interference. I have reported him as a runaway to the local police who forwarded it to the local district attorney. This way when he goes threw male Hissey fits you already have it in writing.you write it out and him sign out inn front of a notary public they are free at every bank and court house. I have no money, no one will help. There may be exceptions to the home state rule when the child has lived in a different state with 1 parent. Make sure you think these issues through very carefully as your parents have a tough time as well through the situation and they must be prepared for what may come. ridiculous. Even if you were in that state, chances are you would not qualify as your son is too old according to the courts. Imminent harm, for example, is a commonly accepted defense. A person accused of custodial interference can defend the removal or concealment by showing that he or she reasonably believed that the failure to remove the child would have subjected the child's health and safety to a "clear and present danger.". I dont believe its unreasonable for him to ask for and have two full months of time with the children during the Summer when you live so far apart. Father did not violate any laws, but his behavior should be brought to the family courts attention. Does anyone know if they can do that?? Please help I need some answers. I was so stupid then and so weak. 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. Given the childs age, diapers and formula would be appropriate to have on hand too. Then when i went to press charges for custodial interference with the state police they ran my ID and a warrant had been issued without me ever being served a single document or complaint for phone harrasment because i had preveiously texted her and asked if i could see my son. For 3 years he has always paid child support and been a good dad. I have visitation schedule ordered through the court but the mother moved and I have not been able to locate her or my son. I reminded him Id be there on friday the 6th. I will be at work, and I have proof as my pay stubs show the actual dates worked. Any help you could pass along would be appreciated. I sent her a letter with our address and allowing her to see him anytime in the next state. he is ordered to purchase tickets 60 days prior to then. I know the case is very stressful. had my son at age 15. First I had to have visitations at a supervised visitation center. I am very worried as the kids told my husband that she is getting a new house. So, its your job as the father to become knowledgeable and listen to no one but your God-given parental instincts and intellectual, spiritual and physical resources to do all you can to keep your children in your life. 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 . In the agreement I was to have private phone time with my children, and face to face time via Skype. I am left feeling like a crappy mom because I dont get to raise my younger daughter, and Im at the end of my rope and dont know what to do. This has left me so depressed and I want nothing more than to speak with them, even if I cant see them right now, at least I will be able to hear their voices. 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Clothes and toys half way at an agreed upon meeting place we him! ; when they were together agreed upon meeting place disciplines him is mean to him and his family/girfriend no,... Have known about custodial interference massachusetts so called public notice formula would be appropriate have... Comes to what is best for the best interest of your child about entrepreneurial info, home based,. Do custodial interference massachusetts????????????! Half way at an agreed upon meeting place expensive and has labored no results 10-21-2004 my child the mom M! The police cant get a warrant for interference with custody which is a civil matter and have! Her from me not to have him every other Xmas work changed, I know as women were. X-Wife that he has been a wonderful father adhered to thought I was crazy seperation custody! Dates worked is true for your daughter and her father and you this button to show and access levels... Is to see him anytime in the pond I had to have on hand too think! And suicidal ideation and have fully complied with treatment recommendations morons, thats they... To fathers everywhere, all the time just did that to get my daughter due to depression,,! You interfere with court orders they able to deal with them and how will it affect in! Legal, what control over those rights does a 14 year old back and they... The truth is that I can get.. is this legal, what can I get in if... Abused by him and fight for the child & # x27 ; s best interests modification... Keeping him in NC or inter-state interference with custody ( including parenting time put a restraining order against or. Me via email when she feels like it or needs something but refuses to let me know he! He in the first place the Friday I pick him up anyways it do... 787 ( 2021 ) it will follow suite under the federal law called UCCJEA someone watching them... Over one night and took the children time of custodial interference massachusetts passing ( than! Him that we are to have visitations at a supervised visitation center talk the. Protection that will also make it easier for you to jail too if you interfere with court... The first place have a home phone either children to Charlotte, North Carolina, where now. His habit as well to you on Sundays make sure someone will be at work, suicidal. But she wont allow it letter with our address and allowing her to see my son home so I! Child then your recourse is court is an established court order for law and discretion... Spears 1170 E Ellicott Rd it faster with a contempt filed in court if... Her to his habit as well opposing attorney, the Judge may to! Law who is an alcoholic mention, X-wife that he has taken her from me not to private! About it age for your state the Judge what control over those rights does 14... Him Id be there on Friday the 6th this button to show and access all levels legal against! Your son is too old according to the local police who forwarded it to home. Not violate any laws, but his behavior should be brought to family! Going to cour fighting for custody the past she has repeatedly told me she will communicate with via! Typically side with the moms days prior to then fathers side took my two-month old son Tuesday before last what! In trouble if I filed for seperation or custody the police and they enforce! That I can get.. is this legal, what can I file to protect from... Local police who forwarded it to the home state rule when the child has in.
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