me and my husband have been fighting tooth and nail for my step kids.. there mother my husbands ex is the custodial parent but yet she gave them to us weve had one child since nov. 2007 two children since april 2010 we all live in franklin ohio the kids grandmother (who has no rights to them AT ALL) lives in cali. After all what does this show or teach our children. However she is constantly fighting with me and calling me all sorts of names and talking down to me in front of my kids. Being a mom or dad is more than donating a sperm or just giving birth. He said no it has to be supervised visitation by a professional only so you have to wait for your visit on Saturday I left it as that.. Well today I get a call from chat house that he canceled my visit.. I dont text back unless its directly about our son. If this doesnt work out, your son will contact you when hes old enough. What can she do? Is she explaining why she is keeping the child(ren)? She is threatening to take legal action if I do not return her, my daughter who is soon to be 15 wishes to remain with me. hey referred me back to family court. Many school districts have jobs for paras and for para subs even being a sub gets your foot in the door. Can the grandmother be denied visitation due to the biological mother having active warrants, the visits are to be supervised with the mother by the grandmother. And the father matters and has irreplaceable value? Its frustrating because I would never put my kids in harms way. I feel work is much more important especially since Im the one who provides all their clothes, school supplies, etc. I dont want my kid to not know his father but neither.of us can financially support the children here in california and he can go to school anywhere. Is he neglectful of the children? She states to this date, even her lawyer stated it, I am a wonderful father. *My concerns are 1. So the next day Symone came and she packed everything into her truck, during which I was feeling uncomfortable, because she had watched mine and bs son the night before, and had neglected to bring him with her now, because theres not enough room for all of yalls things and the carseat then she informed us she had an appt. About a week after the order was granted, he and his mom took my son from daycare and refused to return him to me. The joint custody papers were mailed to me and they had the wrong lastname on the visitation and child support aggreement so can this order be appealed in order for me to be the custodial parent since the children do live with me eventhough we have joint custody? And for what? You can file both motions which can give greater validity. Can you advise me in my first step? You have a home for your children where you are and I know you will find work and all the support you need turn your focus to make it there if only to give your children stability through the divorce and to save up money. 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). What can my son do? Have you entertained the notion that MAYBE, just MAYBE, if the mother brings the boy to his father, she is carrying a BIG message of support and encouragement in that visit being necessary and important to the boys life? 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.) My spouse of 20 years and I are divorcing in Tennessee. this man a chance and i ordered a LOVE SPELL. Unless he has a court order stating that HE has sole physical and legal custody, you can take your child wherever you want, whenever you want! suffers from PTSD and has attempted suicide in the past and O. Sr. and I fear for O. Jr.s welling being. The problem is that after he made arrangements to leave NYS I moved to SC. I have been paying child support faithfully except for recently, as I am looking for work right now. Go in to court and ask to take a drug test immed.file a temp restraining order on him for safety due to his drunkennessdoes he have any DUIs.document in a notebook every time he keeps her with out your consentso what if you withdrew affection from himhe abandoned you and child every weekend and then abandoned you both to the effect of being inebriated with alcoholif there is drugs either you or him or you and him have him drug tested as well call your local legal aid office. What can I file to protect myself from custodial interference? You will need to file a relocation notice as well. Plus when I look up to see if I have an outstanding restoration fees and there are none!!!!! He will contact me, tell me I can see him, and then three days before I am going to drive 400 miles to see him he tells me no. I also moved to improve the quality of life for my son and to get him specialized treatment for his disabilities. All I can say is persist with the courts, learn as much as you can and get an attorney who can fight for you. She will be 16 in nov. can she just come live with me? I contacted my ex and have begged him not to let her go. How do i deal with a school that refuses to release records to me when a judge has ordered that i have access to school and medical records. He bodly now calls since he moved out of state telling me that he wont pay but I am in violation if I dont let him speak with his son twice a day. I wouldnt talk about the divorce or him, just talk about her and show her that you love her and she is more important than the adult issues between you and her father that have split up her family. Section 26A: Kidnapping of minor or incompetent by relative; punishment Section 26A. My daughter is 6 months pregnant and the stress is tearing her up. I have done some research but there is a lot of contradictions even with lawyers. Blair Parker. and the cops, the sheriff, the court, the da all say we cant do anything? ?you said it honey yasss! Im just trying to make sure this is a legal thing to do. It the end it is the best for all involved because the child comes out the looser otherwise. I agreed. She wanted him at her house on the Friday which is impossible since he has school and my husband work and still she doesent care she would still want him there on the Fridays since the court order state Fridays or Saturday morning. 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 even has a convicted child molester for a father (his two boys grandfather) who she drops the children off to for day care!!!! My daughter suffered 23 years of severe mental abuse Dont say anything about gas and what you cant afford this drive/exchange is for the child and you will make them feel guilty no matter what you think you are saying, okay, so please dont do that! 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. If there has been a custodial agreement going on two years, and the one party has only gotten child less than half the time he should have been(all logged)what would i be able to do? 2 weeks later he asked me to move in with them because he couldnt care for the child like I would. My ex her family shuffled back to Suffolk County empty handed. Which was insane because I could use public transportation. She asks if we will be ok with him not coming if he doesnt want to, to make him happy. Click on the web site connected with my user name its not my sight, but it will help your son learn from others in the same situation. My daugthers friend skipped school and was with my daugther and another friend. They are court ordered in a very specific parenting plan. Im scared and the tickets are already bought, my family is just so upset that this is happening, and I am put in the middle of it all. 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. I told him I contacted her counselor and informed him of what he was doing with Cheyenne and it was harming her. The first one to create drama WILL be the first to get their hand slapped! A .mass.gov website belongs to an official government organization in Massachusetts. 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! He does not want to lose contact with his son, when he comes home he wants to continue with his visitation rights and be involved with his son. Trust me it will go a long way with her. Thank you! Not only does she use my daughter as a shield. Our visitation order is loose, we deliberately wrote it up that way because we knew we were leaving the state. I am considering moving out of massachusetts to upstate New York with my daughter who is 16 yrs old. I have to hire an attorney another prob couple thousandive already spent 22,000 in 10 years on this jerk for what? Abandonment, in most states, is not only grounds for custodial reversal but also grounds for criminal prosecution. Than my sister 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. Is it parental abduction? Dont let the connection become about possession and control or fear and dread let it be love and hope. I also know that in NJ the courts make one or more parents pay for insurance for which they add $200.00 a year in the support order but if the child has state insurance then you can have the courts take the $200.00 a year removed. im trying to make an effort here but the bus only goes so far into fairborn. The 7 year old states (to his mother that he hates her and doesnt want to go with her, yet we force him so that we dont condone the breakage of the small bod he has with his mother. State v. As a consequence, since we had no written- text of permission to let our grandson go, we did not release him to him. Talk only about the child and only what is necessary. All the work we did with her , for him to send her back. Divorce trial is on Oct 04 here in KY and the judge issued a crminal summons for her for contempt of court ordering her to be present on Oct 04 with the children. The father is exercising his visitation and obviously wants to be her father. Also he makes him stand in a corner if he doesnt finish all his food. My children and I have other people who help with their everyday life (grandma), schooling (daycare), etc where their life could go on uninterrupted. Father has been wanting to return to Arizona with child but he is afraid of the consequences. I do have visitation rights every Saturday. Someone please help. Now theyre calling it custodial interference which is a felony because i flew her out of state. My 16 year old has rarely spent time with the NC (non custodial) father. 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. I told him to take me to court that I do not care and I have no worries for I have sole custody of my first son and I do not let the father see him for he is Antisocial personality disorder and in prison. This is for your daughters protection. She has been in an off and on again relationship with another man that lives in WV. I just want my kids back. When I showed up he hugged me and wouldnt let go..not even to hug his step siblings or dad goodbye. And he would get her Mom and thurs til 7pm. S. Calhan, co.80808 on/or before 8-24-2008 I went to court 3 month after to get custody of her. Can someone who is not related bring a 17 yr old across state lines without parents permission? By teh way- she has heard nothing from CPS at this point. I have a court signed divorce settlement between my exwife and I. How do we protect him and fight against the mother, which courts typically side with??? If you have been facing different challenges just because your former spouse cannot adhere to the visitation or custody laws, its time to consult with a good family law attorney. even with joint custody law enforcement has stated to me that they do not enforce visitation issues. father has been molesting him probably his entire life. Hes not scheduled to be back before 8pm on Sunday. Save voice messages or text messages. Is it against the law for me to go to that state and pick my children up from school and bring them back home with me. You need specific dates, times, and incidents of violent or inappropriate behavior. we decided to meet her here 20 min away from our house to avoid any hostility and yet she says we need to meet her half way to her house! Even if I showed them my sons birth certificate, SS Card with my name CLEARLY listed as the father and my own documentation, Im still SOL . How do we proceed to make the law be upheld by our state attorneys office. If so SHAME ON YOU! Davids family gave testimonies to the judge insisting I was a danger. Apparently according to my daughter, they have been living in Hawaii since May, last time I saw her was on January and I have always thought they were in Arizona, since thats where they have been living for the past year and a half or so ( I am not entirely sure at this point). I send meds and he still wont let her use them. So I freaked out calling both of them until seven thirty, at which point I called the police for kidnapping on Symone. Since then he has seen the Va. for meds because he gets seizures ever since they did a biopsy in the side of his head which caused his seizures and migraines. Now a year after given that order I have seen the inside of a court 3 times as much as I have my children as she has dragged me into court in Chicago now to ask a judge to not give me ANY visitation or communication ever again only on the grounds of abiguous commentary and accusations. What should be my strategy to increase my odds to get the custody? My son is incarcerated for a year and wants to write to his son and call an talk with him, he has visitation rights already in place. It is not reasonable to expect to burden one parent with HUGE travel expenses just because the other parent moved. Most police will tell you Take it back to court. He was granted custody even though of his domestic violence charges. When I had my check book and could have written a check for the 620.00. Him being arrested at your home makes it appear that you fraternize with people who deserve to be arrested. He was in the Military. So much for the paper the laws and court orders are written on. not a dwelling either,,wouldnt child support look at that.I only get $300 a month for them,,,he works at Walmart,,Im wondering if I can get some back pay and if child support overlooking his asset,,can someone give me some advice? The Massachusetts Court System's jury instructions are written statements that explain the jury's role and laws that apply to the specific case. 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. I just found out through my mother (who lives in southamerica) that she arrived to Peru last Saturday. For about 5 visits in Total I have not had transportation to go pick him up. These requests, although expensive for the mother, seem reasonable in consideration of her disregard for Court Orders. (Plus I felt it was to risky not to have legal representation.) It can also occur when the parents have joint physical custody in this case, even though the parent taking the child has physical custody rights to the child, he or she is still interfering with the other parents scheduled custodial rights. He has been asking his mother for over a year to let him come live with us. You can only control how you respond to him and his decisions. Son is 14, quit taking his meds, and I dont want to be in violation of law..I have primary physical custody. I know my 16 year old does not want to talk to me but, I know for a fact that my 10 year old would love to talk to me. So now she doesnt see him on any certain days or his weekends. 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. I finally found my son back in You may need to file what is called an Emergency Return of Minor Children with the county which will require you to wait and return, but you need to file a kidnapping charge to give yourself traction on this. Joint custody, is 50/50 physical and legal, therefore keeping the noncustodial parent in the loop, such as schooling, doctors, behavior, etc. His ex leaves with the child at 2 months old (now nearly 5 years old). I was just asking because school hours are from 8am to 3-4pm and he is not allowed over nights. someone is active. I never abandoned my son.. had my son at age 15. Is there anything that can be done to make sure the children are physically and mentally ok? I am a mother of 3. I filed a contempt of court order. Chapter 8: Custody and visitation provides an overview of the law regarding child custody and visitation in Massachusetts and includes relevant case law. There was never a warrant for her. 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!!!! Last week my step son told his mom he was going to live with his dad. How can they not go by the court order and get away with this every time? Parental alienation starts this way and the mothers typically make the experience painful. Open PDF file, 17.53 KB, for 6.400 Custodial interference by relative (G.L. My childrens dad refuses to give my children back after spending the summer with him but theres no custody order what should I do? She attempted suicide 3 weeks ago, and did not take her custody time with our son since then, which was fine by me. 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? I am the sole primary custodial parent. At this time your best recourse is to file for contempt, but if there is slander, which is written there is a great chance you can win on that but that is your best hope. 2C:13-4(a) Interference with Custody (including Parenting time) is a criminal statute hence the 2C, I must file with municipal clerk. Youre all that matters to me. An analysis of FBI child-abduction investigations in the past 3 fiscal years (FY) indicated that custodial-motivated abductions have increased from 9 percent in FY 2010 to 50 percent in FY 2012. Then a homeless shelter, hotel, a drug house, and back to another homeless shelter. 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. Please, someone offer some help! I will not be able to afford to pick up _____ on Sunday nights beginning on date (2 weeks from now). He does this everytime. He said he wont be at the meeting point on the court ordered date. I moved to a nearby city with my daughter while I had sole physical custody of her and the restraining order was in effect. Its all a ploy of his to get back at my daughter. 2. Is there anything in writing as far as a parenting plan or court order on who has custody? therefore, im not even certain he could obtain contempt of court against you in PA. does he pay child support? that what my 11yrs old had told grandparents and his mother. My ex-wife, the custodail parent, planned a vacation to Mexico over this Memorial Day weekend. I went to get them and he had papers ready to charge me for kidnapping. Her filing for sole custody likely has to do with desire for more money for support. My husband and I have custody of both kids through the Superior Court but the Navajo Courts gave Custody to my sister, We were never served paper work on it and we do not live on the Navajo Reservation my Husband is not Navajo To know know them. My husband is a lieutenant in the US Army and accepted orders to work in Louisiana until Sept. https://t.co/A8PjuWngPR. We tried to file an emergency ex parte but the same judge denied it. Normally, you cant vary from the Order without both parties agreeing, depending on the language of course. BUT, you dont want him to feel like he is a prisoner that is not allowed to even talk to his biological mother if that is what he wants to do. Ok look thats offensive to the dads that are in there kids lives. year old son and put him in a foster home, and with no evidence cps was forced I asked him if he told the dad he didnt like that and he said yes but he just kept on mom. Gotta love a combative and irrational parent. I hope not as the judge is partial to a mothers behalf. i am waiting for the paternity results for my child. All her Drs appts etv. Beware with this though because if you are doing something to prove the other parent wrong or out of spite, what cones around goes around. Is he violent? Is this true? 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