Is it considered child abandonment on my part because it has been 2 years, even if he is the one denying contact? BUT since July 1st the kids have only been with me 14 nights out of 46 nights. IM DESPERATE TO GET MY SON BACK. Hi, heres my situation I am the step mother to a wonderful 11 yeat old boy. Not to mention, X-wife that he has assault charges with; when they were together. Make sure you make a copy to keep for yourself. first of all she has to have that medication so she can keep her food down!!! Legislative intent is that, absent showing of immediate physical danger to child, parties to custody battle are not permitted to steal children back and forth. The mother has kept minimal contact with my step son. My daugthers friend skipped school and was with my daugther and another friend. Even though I am 10 months behind Steph, I would push that fact look for a lawyer that would give you a free hour of their time and fight the issue. You have something in PA that can work to your advantage far greater than just a court order. Is there anything I can do to let the ex-wife know that this woman was not only lashing out but telling stories i.e. Son is 14, quit taking his meds, and I dont want to be in violation of law..I have primary physical custody. Mine went to the school today and picked up my kids and took them to Minnesota for 10 days on MY Labor Day weekend (already preplanned and paid for/its our court ourdered holiday EVERY year). She has done this to me for the last 7 yrs. What happens if my daughter runaways at 17 with her 16 year old boyfriend they decided to drive his truck to washington by following us. Sadly my son is the non custodial parent and the ex does everything to include holding my grandson for ransom, tells my she needs extra money when he gets there and if he does not give it to her she does not let him take his son for his visit. This is a nightmare. He does not allow them to call me on any day. The mother has now changed her residence and we dont know where she lives. I mean after all the state can enforce child support but they cant enforce visitation? She ended up going with her dad that day. Steph, I know this is a 4 year old comment, but in case you havent gotten help yet: he needs to petition the court for custodial interference and failure to adhere to the court order. My ex-sister-in-law has taken my child and Luke out of state she thinks that she has guardianship but the papers were just filed with the court there was never a judges signature but in the guardianship that was filed was Her and my brother as co guardians but moved without telling us and now she has blocked all contact with my side of family. Will there be any consideration and help for me? Its a tactic these piece of garbage, dorrito moms use to further alienate and control the father of the children. She is also very jealous of my relationship with the kids as I am very involved with their lives as well as my two children. Also the new guys job may require relocation at some point and the ex will do everything he can to stop it he actually told me to take him to court if I wanted to take my daughter on vacation to China. (THANK GOD!) 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. 720 ILCS 5/10-5.5. In Florida many lawyers volunteer their time to community service for their licensing and benefits. We have them about 40% of the time. I said if you will not help me I WILL CALL 911. After going through a complete investigation the police had no corroboration to the story and sided that my son was coached by his father. Can I now go for full custody? The father (never married him) and I established paternitiy/child support in 2000 in Marion County, Fl. It could all be empty threats to get a rise and if not they broke the law and dont feel guilty filing. Now I dont want her to see them until I take it to court. Please help, I feel like Im at a dead end. You will need to look up and familiarize yourself with the Florida Statutes Section 61 in particular (this is something for everyone to look up your state statutes and familiarizer yourself with the laws of your state with respects to child custody). Im sorry you got upset. I moved to WV with my mom back in june-August of last year and my son father moved to Weirton.. me my son father his sister and my mom we wrote a paper statin I would have primary have the custody rights and his father could come see him when he wanted to.. Its been 16months since my son father been around.. Now all of a sudden he wants to show back up in his life We have a custody order through the state of pa.. police waited at their house finally his girlfriend should up. Their parents did not meet requirements to get the children back we want to take the necessary steps for the children to be in a place where there are loved and wanted. into pre school you are doing him a service and let him take you too court he will be laughed out and probably have to pay your lawyer fees. Last time this happened the officer told me he wasnt going to enforce the order and nothing happened, this time i advised them i wanted to file a police report according to O.C.G.A 16-5-45(B)(1)(C) and demanded an escort to retrieve child which two officers refused and one obliged, went to get child she was conveniently with paternal grandma, officers told ncp to show up at 9pm with child and i have her finally after 3.5 hours of pussyfooting!! Because she is the one I was replying to. Let it go beyond six months and it becomes their jurisdiction and you have to go there. Hot water heater you are using it now its your bill, pay it. That is what the judge will look at as well as finalcial stability and stable home and will make a judgement accordingly. This is also a crime in a few states, however, it is rarely enforced. A child needs their father in the lives just as much as their mothers. The following visitation weekend, my son tried to take the puppy home in his bag to save it. I dont have that kind of money I need all the advice help an pointing in the right direction I can get. 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? She is more concerned with having power and control over them. The only thing we wouldnt agree on was the transportation and summer vacation but she got a court hearing without us being there and we received by mail the court order signed stating that my husband have to do all transportation . I have contacted the school as of this week nd found out that the trip is not sponsored by the school, my ex refuses to give me any information and the school is with holding all information this matter. Lets say you want to take your child to dinner for their birthday their is nothing stopping him from inviting himself to the activity and you cant make him leave unless an altercation happens. For example this weekend I went to pick up my son and my ex mother in law (who is always confrontational with me) started yelling and swearing at me and refusing to let my son leave; when I arrived at her home she continued yelling and refusing my son to come outside to me. CPS investigated, found nothing & ordered him to return her, but it took a week. He has never been to my house, even though there is always and open invite for him to see his son. He also brought her back to me after 7 hours with a very dirty diaper in that 7 hours he changed her once and the diaper was so dirty and soggy that it took several wipes and a little pressure to clean it off of her! Isnt this custodial interference? 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. 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 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 also sounds controlling and at least emotionally and verbally abusive contact your local domestic violence hotline and they can assist you with legal help and/or access to a lawyer, I should know my hubbys ex here in wa is making all kinds of false restraining orders crying on demand in court getting help for false domestic violence when we have not been near her or her house since July 2102. information about caregivers and guardians, Complaint to Establish Paternity (CJD 106), Affidavit of Care and Custody (OCAJ-1 TRC IV), Complaint for Support-Custody-Parenting Time (CJD 109), Request an immediate child custody or parenting time order, Filing Financial Statements in the Courts, Motion to Waive Attendance at a Parent Education Program (CJD 444), Request for Limited Issues Settlement Conference (CJD 114), Support, custody, parenting time, separate support, or paternity filing fee, Filing for child custody or parenting time in Massachusetts. Allow your children and your ex-husband to have this time together and dont waste time and money fighting about it in court. I sent multiple reports to DA, in court judge told me I didn`t file the right motion for contempt`s form. Back in 2017, I met my love on a dating site and immediately, we got tal https://t.co/DonALL76SS, Kat Patrick said: My friend has joint custody w/ his ex (who is the spawn of Satan) and she is the Cparent. I filed charges and reported the matter to the Courts. You will need to bring the issue before a judge at that time. How do I get the police to see the severity of the situation? The dad allowed the mom to keep baby for last 4 nights but now wants her back. to stop. Can someone be sued for custodial interference and if so, is there a statute of limitations on it? Forward to an email account and print. Its not worth it. You see, I say my daughters fight because to me it is all about what is best for her. I know I can file complaint, the Question is: Has anybody ever done this and do they actually prosecute? "A child may be a member of a nontraditional family in which he is parented by a legal parent and a de facto parent. 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!!! Their flight left as scheduled yesterday, and there are other airlines and flights available today. She spoke to her sons father and he stated that he was not with them, but he refused to tell my daughter where their son is at. All while she got evicted from house for failure to pay she could not afford had no job. Remember if she screws up it is not your problem, it is hers. My daughters mother did that no shes a fugitive on the run and has no contact with her daughter and maybe when she gets out of jail in 5 or 6 years after therapy shell get to meet her daughter again We teach our children rules and that if you break them there are consiquences now why should it be different for you and what kind of example is that for them and lastly what gives you the right to seperate those children from THERE father. He pays child support regularly, but she is upset he has, what she calls the other family I dont know who we are suppose to talk to first, do we call cops to file a report and get a case number? But since he has not seen the children, bring that to court (have specific days & times documented where he missed his parenting time). 6 year old grasp too much of the situation that it is sad Why did mommy have to go to judge and say I cannot be around you guys I told her I wanted to??? She refuses to let me have contact with my daughter and at this Time I have no paternal writes due to we where not married and i was incarcerated during my daughters birth. I donot want the police to be involved if I donot let the kids go there this weekend and I have a feeling he will call them over to my house. We finally got custody back to us. lol! My question is in Michigan what will happen if at the end of my two weeks when she is suppose to go back to her Dads and she doesnt want to? My daughter suffered 23 years of severe mental abuse Until 2 years ago when our local Cps took an they have no family in Louisiana except my mother in law who is an alcoholic. I would just document every time They will look to see how important this issue is to you. My baby daddy is on the run from the law and wants to sign the birth certificate then turn himself in right after , but he is with a girl that has 12 kids smokes weed a d has threatened to take away my child when he is born. The bad thing is you have to go to Court and do everything needed file a petition, serve the other parent, wait for a Court date, present your case, and if you win the other parent can be put in jail or whatever code your state has for the offense. I had to file a missing persons report for our son once when she took off. Often it seems that there are two sides when in reality there is only one side. Custodial interference in the first degree. Who will help her? They have no filter as to what they talk about in front of my son, including very inappropriate terms and innuendos. what about the mothers going through this my kids dad has refused me all visits for four years. These are all valid interferences that the law cannot inhibit and provides for. I hope this helps. The state needs to leave peoples personal affairs alone. 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. If one cant afford the child support owed, better get another job, it was your decision to have a baby, and brought the child into the world, children dont ask to be brought into this world. Custodial Interference by Relative - Boston Crime Lawyer . I know in NJ that both parents have to provide for the children and if she has been in collage for 10 years the father should file a motion for child support to be lowered. The reason I gave my 12 year old for the divorce was me and your dad just dont get along I didnt even tell her there was a restraining order, she found that out from him. My daugthers Principle has also had to contact the Sherriff because I came to the school to pick up my daughter on my schedueled court ordered visitation and my ex was there to stop me from doing so, stating that it was Halloween and he wanted her. also he has sent threatening letters by mail and threatened me over the phone, his family is crazy and they have no respect for me or my child,i am a good mother and have taken care of my child since day 1.what do you suggest and in alabama what are the factors that are considered when it comes down to visitation rights with the noncustodial parent? Each time my ex picks my daughter up she states that she will return her on Sunday. 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. This is required by law to be heard in an expeditious manor (1-2 weeks). The step-mom who married a man with a not so nice ex. Dyane, You have committed kidnapping or inter-state interference with custody or contempt or all of the above according to your own words. Nikki, a Custodial parent cannot keep or deny a child from the non-custodial parent just because the child support is in arrears. Until they cooperate you pick up the child per your agreement. Does that qualify for kidanpping or parentAl kidnapping??? She comes up with excuses periodically to prevent my son from seeing his father. What can I do if I was never served papers notifying me of custody? We finally divorced in Aug 2009. She threw a lamp at him, then made him go to school with the black eye that resulted from the lamp being chucked at his face: and then my sons father filed a police report on her for doing that. Well, it turns out that when my grandson is on his fathers week he is not in the care of his father, he is with his fathers parents. old is in inimint danger, how can a mother who has not seen her daughter or talk to her in 7 months now what her ex to follow the divorce order. the baby is 19 months old. Call the police and tell them you want to press criminal charges for interference with custody by showing them the Order. can the father still keep the child if he is not the custodial parent? Under this federal law, which each state must adhear to, both parents must encourage the minor child to adhear to the order set forth (obiviously not telling them that only encouraging them to make it work until other arrangements can be made through the court system). I have already notified the bank with my complaint. and during their visitation time they are responsible (unless otherwise noted on your court order) to take the child to school or pick them up. All I know is that this horrible ordeal is a great injustice not only to O. Sr., but also to O. Jr., who has a right to know his father. Since he now wants to see his kids more often, dont try to prevent that from happening. Can I say no to her getting in my car? Unlawful visitation or parenting time interference. After the first visitation, my son was only 4 at the time, he came home and called me all kinds of foul names, spit on me, punched me, and told me of various and graphic ways that his dad was going to kill me. He had been trying to find her for years. Its important to know that joint physical custody means that both parents have custodial time, but does not necessarily mean that the custody arrangement is 50/50 (see: types of custody). is it grounds to lose custody..hawaii..kids in maryland. We have joint custody i have physical custody and he has visitation, he has not excersized his visitation in three years or had any contact with the children in the last 3 months. The father is finally fed up and let the mother know that he is going to enforce the decree from here on out. thanks. It hurts me to see my daughter hurt! She also has said she is stopping visitations because he is wetting the bed, having trouble in school now, and seeing a psychiatrist because he supposably was in his room trying to tie a rope or something around his neck and was asked how he was going to kill himself when he threatened it to her. Is it parental interference if there is no court order and we havent been here 6 months? If she would have brought him in network there would have been no out of pocket cost. When he picked him up from my parents, my son ran in terror into their house..screaming and crying that he did not want to go..so he just strong armed him into the car. we were divorced in California. If it lingers too long the judge will look at it as culpable neglagence and ignore you. This took place in late January. In that time he met his ex-girlfriend, S.R., with whom he has a 5 year old son, Jr. O., with. I contacted my ex and have begged him not to let her go. We have a 3 years old son. She has not been at school and she needed a medical procedure that was missed due to my ex not returning her back to me. She has put Randy in jail 3 times. Those are my kids, im the father, why isnt there any laws to help me. Make sure you obtain copies of the reports from both departments. Now with that said judges love to dance around the issue and most of the time avoid the situation. (again i am nice and if he gives me the money i will drive the 4 hours to get my son). referee granted her custody she didnt do a visitation order because she I sent them to Louisiana in 2008 to visit and he got temporary orders without my knowledge. 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. she wants to come live with me. I moved hrrenin april and the kids and him came at the end of may. Unimaginable and unbelievable. My son lost custody of his only daughter after the mom went out and got pregnant with someone elese childshe left the state (Pa) and took the child to Tx and never told himwe went through the courts, the whole process.and the mom got custody and was allowed to move back to Tx even though both fathers were in this state.The mom has not followed any of the origonal court order stipulations.The mom statrted taking her to a psychologist (she is only 3) because she said that her behavior was bad,but has not told my son anything regarding any findingswhich is in the order that she has to.so I feel for the non coustodial parent it is not right that the other parent can get away with this stuff and the courts just look a blind eyeto fathers. How many visits will he have to ignore the medicine and return her dirty before something will be done! In order for Massachusetts to protect the innocence of . Today, she has been trying to call and speak to my grandson, ask him about his day at school, check on him, tell him she loves him, and the grandparents wont answer the phone. I dont think its appropriate to share the details with the kids, so I didnt talk to either of my daughters about what was in the restraining order. 2 months before she left the hotwater heater quit working and had it replaced and stuck me with the bill. Since we live in 2 different states, custody and visitation was not in our divorce decree because the state Im in has jurisdiction over the children and our divorce was filed in the state he lives in. Couples are empowered as both parties work together to arrive at an agreement concerning assets, child custody, and finances. I hope this helped you out a little and if I can help any more just let me know. 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. Save voice messages or text messages. Good luck! (2) he knowingly takes or entices from lawful . They are on my mind everyday. You are also saying to her father that he is being replaced. Whatever. I have forbidden this but she left with him anyway. My wife and I still married but in a weekend that I was on a business trip, she left home and from the emails and texts that we exchange she is telling me that she is not going to let me see my son until she want to. And is this a form of custodial interferance? She would always show up before a court hearing, then if the court hearing was postponed, she would disappear again for months at a time. WHICH IS THEIR JOB! looked thru the windows and he had packed everything up and disappeared with my Can a costodial parent not give you access to your child with a court order of visitation? He asked us at the first of the year to please find a way for him to come live with us. Now hes telling me I cant have my vacation time Because it wasnt given to him by may 1st. I am currently in the process of going to court for joint custody of my daughter. The order instructs that she MUST inform me on all matters about the children and work with me in the best interests of the children. I have him 5 days a week and he has him 2 but still demands me pay child support If i mention dropping child support and working our schedules like adults he gets mad and tries punishing me saying he will take my son back and go by the papers.. Baby for last 4 nights but now wants to see the severity of the time going to enforce the from! 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The order mothers going through a complete investigation the police had no corroboration to the Courts, custody!
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