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.. Yes the visitation still stands in tack until a court order is instituted otherwise. But I have witnesses and proof that i was at work all day long. The Judge will be concerned about your daughters well-being, but if she will side with her Dad regardless, dont waste your time in court. 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. I also had to make several reports to CPS and the cops. This is why courts will often have a general guideline about how to determine custody cases, but not mandatory statutes. My questions are what are my rights as my daughters only biological parent I have a boyfriend also that has been dad to my daughter since she was only 2 months old and who she has always called daddy my ex specifically asked he not be allowed to see my daughter because he jealous of their bond. Dont back down, your child is being kidnapped against a COURT ORDER thats how the Court sees it she is going against THEM they dont care about you so much. There are no legal custody papers or anything. responsible for dropping him off at the end of the visitation? His visitation is for 6 hours, and the kids are to be home at 7pm. . My ex fiance filed for custody of the child but i have yet to respond so it hasnt gone to court yet. With him gone i can not afford to stay in california and care for the kids. During these two weeks Branden was going through hoes as quick as a *black person* runs from a KKK meeting. And no i dont forget it when i know we are goin somewhere and yes i did count the diapers. In Mercer County, Pennsylvania, things are ass backwards! Any help you can give me would be great. My ex submitted court documents from his uncle who is an attorney and judge granted him full legal and sole custody and I have supervised visitation. Could I get in trouble and doesnt my 17 year old have a voice outside of court to refuse to go to his dad? I was told by the Missouri Department of Social Services regarding my daughter, that my ex-wife, as the physical custodian of my daughter, has to provide custodianship documents to a school when she enrolls our daughter in a new school. What have we done wrong? He has 3 brothers here and all of my husbands family is here. My ex wife moved to denham springs Louisiana w our 5 year old daughter! therefore, im not even certain he could obtain contempt of court against you in PA. does he pay child support? Im so very sorry,and this is just yet another example of the system failing you.You just keep on fighting,I was told,get as many police reports as possible,your child could be appointed a lawyer and heard in court.My son is only 9 years ols and thats my next step.I sympathize with you,and I understand how horrible it is worrying for your childs safety..Please just dont ever give up! ?HOW MANY KIDS? A Category F Guardian ad Litem investigator (GAL) is appointed by the Probate and Family Court to investigate facts in cases involving the care and custody of minor children and other matters that implicate the interests or rights of children. A statement like that is saying to your daughter that this man is going to be her dad. Yet the father is seen driving around illegally and still foing drugs,not paying child support and he us Scott free! ncp in georgia files for legitimation after I file for Modification of child support my child is 12 now, he has been arrested in the past for failure to pay, has a criminal background including simple battery toward me. I have read you state statute and all I can say is this is not a criminal law issue only a civil family law issue. I go to the police and they end up getting a hold of my daughter. You will want to file, what is called a Emergency Motion of Return of a Minor Child. If drafted correctly it is required to be heard immediately (1-2 weeks) as it can be considered that the childrens well being is in jeopardy. eyes. The non-custodial parent refused to attend the sessions and threatened the Social Worker with legal action if she proceeded to treat his child without his permission. similar to such situation because there is always a hope and a solution He refuses to allow me access to the 11 yr old in anyway shape or form telling me my 15 yr old and my 11 yr old we are to pretend he is adopted. I do not know what else can be done and I honestly do not know what Im asking for. The father is exercising his visitation and obviously wants to be her father. paid him thousands but could not keep up. Why are we being punished for what she did? 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 state is terrible when it comes to custody lawyers too, theres NO help out there for dads anymore. The grandmother has filed motions to intervene that have been thrown out and even requested temporary custody (again this was thrown out) while waiting for a hearing this summer. Incorrect. What should she be doing ? A shame it wasnt something more reasonable. My ex ask to have my daughter a party I let him have her on a Friday night that was my night and the party was over Saturday at 10am which is my day and I want to get her he refused to give her to me I call the cops because I had my custody agreement they wouldnt do a thing is how could I pass charges against him to not following the court order. Is this true? Ive filed domestic abuse reports against my sons father and my sons auntie, on his fathers side. The absent parent her father hasnt . The mother lost rights because she did not want to take a Physicological examination for the courts. Those are my kids, im the father, why isnt there any laws to help me. It has been 9 days now. There is no real set schedule for visitation. At first his dad said to give it a day or two for him to calm down. She has 2 kids a boy his dad is deceased and a girl by her husband. The kids do better when there is no communication. What do I do. So I will have to call you and let you know something then. DO NOT do this, even if suggested by your family law attorneys as being in your best interests as it frequently NOT in the true best interests of children. That place is for true kids with real mental problems, my son doesnt have that! I find it sad that you think just because your children have not spent much time with him over the past two years, you are using this as an excuse to try to justify not allowing the kids two months of summer vacation with him. The parents live in seperate states, the father picks up and drops off the children each summer. Even when he is violent, abuses drugs or alcohol, doesnt work, engages in illegal activity, etc? She may be blowing smoke on school recomendations, I would contact school and keep informed of sons academics and progress. Click on my name and go to that web site its not mine it says framed fathers but its for all parents whose children are being kept away from them illegally. What can I do if I was never served papers notifying me of custody? My X takes mine every holiday..and weekend, I barley have seen mine all summer! This directly contradicts your definition of custodial interference. We are not legally separated yet, and were each residing with our 13 year old daughter one week at a time. he isnt allowed to talk to them or anything. That should be the same in all states. I had no had no reservations doing this at that time. You may not agree with his decisions as he may not agree with yours. i cant stand being away from her like this. I just want to protect them. They have shared custody. Remember if she screws up it is not your problem, it is hers. She doesnt even care about the best interest of the children. I need to see my son and the brothes and sisters from a previous marrieges that live with me cant see them too. Family courts are corrupt and they have a way of preventing good parents (Fathers typically) from having reasonable contact and relations with their children. Custodial Interference in the second degree applies where a parent or relative of a child takes or conceals a child without the intent to hold the child for a long period of time, or in a manner that does cause substantial risk of illness or physical injury to the child. I am trying to file contempt of court against him but the state of SC will not give me the paperwork to file so I sent a letter to the judge in regards to the situation. I WOULD OPEN AS MANY CASES TO PROVE, HOW WICKED PPL ARE, ESPECIALLY FAMILY OK IM MAD BUT DARN, I LIVE IN MY CAR FOR MONTHS. My nine year doesnt want to go anymore because she says it makes her feel bad to hear her grandmother call me that and she doesnt like being punished all the time. The older two are in college and all grown the youngest is 16 and now out of no where she wants to call and wants him to come live with her and it has become a constant mind game with all of us everytime dad says no he calls her and she calls himIs there anything we can do to stop with this BS (for lack of better word) she hasnt given a lick the last 12+ years now she wants to call constantly about his punishments what time he should be able to come home, why he cant go somewhere. I know my daughter. This is a battle about wills, not yours against his but yours against you (will I sacrifice for my childrens best interests; will I heal that the kids have the best life). Please do not include personal or contact information. Also, what couse of action do we need to take? Finally the best solution to all of this non-sense is to issue marriage licenses that have an expiration date. Under the Child Welfare Act the most suitable parent for a child to reside with is one that will promote a rlationship between the child and its parent. HELP ME PLEASE!?! Now the police department in hawaii is saying Washington police will arresst me if she isnt returned. Causion, be careful discussing this with them as they may try to influence you. I am constantly monitored and they refuse to tell me why my child is going to a psychatrist. Thank you! Mother failed to put child on plane to AZ and sent email she would not send her in addition she has been denying court ordered webcam visits. there are other issues here an attorney can help you with. Tennessee may have more current or accurate information. If you have that intimate time with them it is a treasure you can share with them when it truly means something to them. I have a question, me and my ex have no parenting plan in place, we have agreed times of visitation i have had the majority of time like 70-30 Can the Father file for any type of emergency order stating she cannot take his children out of state without his knowledge? Anyone have any experience in NC with this issue? I have joint custody of my 12yr. We saw the child (Dylan) about 4 times and gave her mom a check each time we saw her. I have shared, joint legal custody with supervised visitation and she (my wife) has primary, physical custody. A new parenting plan was signed by the Judge. 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 . What should I do? They all live with my exs girlfriend whom is not on any paper work of custody or support. suffers from PTSD and has attempted suicide in the past and O. Sr. and I fear for O. Jr.s welling being. (PStheir mother refuses to allow any medical assistance and help from professionals to either of the boys). Do it for the children for they deserve better, we all do. what can i ask the judge to at our return hearing. I know that I am in violation of the court ordered visitation, but other parent doesnt care and local law enforcement { very small rural town} are aware of the circumstances. And if he is supposed to pick up the child at a certain time and doesnt get there until an hour after pick up time, is that voiding visitation for for that time period he was supposed to have the child? 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? If you dont say interference with custody they will say its a civil matter. According to your state statute the only way to loose custody is to have committed a criminal act or domestic abuse to someone within your home. what will happen if my sister in law kept her kids after visits becuase she was told by the childrean that they are being sexually abused and physiclly abused and she has been told by the police that she will be chared with prental interferince if she dose not give them back but she has filed a protection oreder but has not gone to see the judge about it to get it issued . 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. My son wants to get his attorney general papers changed,he has two daughters by same girlthey were never marrieddid live together a whileshe is trying to move out of state with a boyfriend my son wants to file papers with the court on his ownno lawyer my son gets his kids on his weekends and any time she ask him to .he loves his daughters and is devastated she is trying to take them to another state last year for his month of July she told him she was moving with her sister to another state 16 hours away.left 2 days before july,came back day after july ended.should he get a lawyer or could he get court order changed to she cant move out of state filing his own papers ? Imagine your daughters perspective. Like a drivers license. Im the non custodial mother of 2 kids and the father has primary residence. I was going to respond to you last night, but I was very tired and wanted to address the situation without tying into you so hard. So you have more time with your kid? We are worried that the children are in danger with their mother, we feel she is mentally unstable due to some of the things she has done in the last 2 year we have been fighting with her so he can see his children with out her at his home. Or maybe even a cheaper daycare center thats around the corner from her house and its only $300.00 a month vs. $754.00? can a non immigrant who is visiting the USA get temporary custody of a child if the custodial parent is arrested and cannot be within 50 feet of the child? the mother does everything there was a geographical restriction, was joint custody- finally the mother files for child support he didnt show up for the first hearing second one was a trial by judge he wanted to delay it gets money under the table owes IRS has never taken a parenting class as ordered, missed and delayed, delayed says to send medical bills certified but never picks up or uses lame excuses before the 7 months, sent his mom, said he wont come because she wont give him a hug has talked about his ex to anyone who will listen gets everyone to feel sorry for him and they do they never hear the true story- after the child support was set and required, then he wants to come get them doesnt seem fair to the kids they are separate issues whines she wasnt home but after 7 months why would she think he was coming? My ex husband got sole legal physical custody of my 6 and 4 year old. I reminded him Id be there on friday the 6th. What are you going to court for in April? (again i am nice and if he gives me the money i will drive the 4 hours to get my son). We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on . Restrictions or loss of visitation or custody, or. The divorce decree mentioned that she will be able to relocate to Arizona, and so they did. in 2010.. Around that time i was in the process of moving (still in the same state but 200 miles away).. During the restraining order case he asked for a continuance and then imminently filed for custody of our son So i was served and then i waited for the court date To my surprise i had gotten a phone call about two weeks prior to the court date from my son father, stating he just got out of court and that he has custody.. Read up and familiarize yourself with the laws. You have an opening statement where you can just talk to the Judge and a closing statement. Finally almost 2 years later I found that he had dropped the divorce in April 2009, changed his last name and moved with my daughter to Washington a short time later. I have not seen my daughter since May. He would like for the Court to order his ex to pay for the difference in cost of travel for visitation (the kids have a great relationship with their grandmother and me, and can stay with us), and order her to provide for weekly electronic sessions on video iChat or Skype. Is this how this situation is to be handled? He turns 6 this month and the last time he saw his weeping father was as his mother dragged him out of his arms in the Rose Bud Indian Reservation Court House in December. Says that I dont care about my sons education. If not, will the other parent keep the appointment? Meanwhile while i was worried about a confrontation with the grandma, she ran out and gave false information to a sheriff, she didnt want to give the baby back, we were informed to call this detective, she said no you cant get your daughter that there has been some complaints of endangerment , neglet and child neglet then the sheriff said wed have to come and talk to her would not tell us anything else, we figured the grandmother must of done something. If you file a motion for temporary orders, you need to get a date from the court and notify the other parent of that date. In our court papers it stated that he is reponsible to provide transportation both ways for the kids and that he is supposed to return them a week before school starts. I had to file a motion for return of the child. But, no. I had a court order of protection and the police came down and attempted to remove the children. How do i get that form. No need for lawyer. He prefers to have the oldest son call me, in which I feel is wrong to put him in the middle like this. It was supposed to be strict enough for the police to step in if he pulled this again. Ok check this out! Also in the court order it says she is to have reasonable phone access to her child. it is true that she can ask the court to compel you to move back if you have not followed proper court procedures. The mother thinks its my fiancees responsibility to pick the child up and drop him off even though she lives a mile away and the judge told her she can do one way of transportation. 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. I dont know what to do, I dont want to keep lying and making excuses for him because he refuses to see her. First I had to have visitations at a supervised visitation center. Is this a battle worthy of going to court? My new wife and I just went on our one year anniversary trip. I found out my ex got loaded and left my 3 year old at the mall for the police to find her terrified and the father passed out. Our son has his first springbreak this weekend but were planning on continuing things as usual with our parenting time because he works all week anyway. As a consequence, since we had no written- text of permission to let our grandson go, we did not release him to him. The Courts will see you as exaggerating and harassing and would wonder how you could even prove it I doubt she is taking capsules, but drops, do you count them or something? Oh, thats why you get child support? so my husband is in jail now for interference with child custody were in TX. I wouldnt run causing a bunch of trouble, but I would say that doesnt happen again if that is the way your Order reads. Hope this helped . When I moved I tried to take the boys to a different school and was denied by an emergency hearing. In the last 10 years, I have had to call CPS 3 times for accusations made to me by my daughter of physical abuse by her step-mother, her unusual behavior and describing sex acts she had seen. and will find results! Personally, it would be better if you can let go of the past and learn to work with him and build trust between the two of you again that is what is best for your child that you do have the power to create. Hes on probation? Like all contempt actions in Massachusetts, for a judge to find a Massachusetts defendant in contempt of a parenting order, the plaintiff must present " clear and convincing evidence of disobedience of a clear and unequivocal command .". 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. Each state is different. It will only be temporary until I am working again. On May 14, 2020, the Virginia Supreme Court rejected the attempt to drag mental health professionals and guardian ad litems into court for their role in custody and visitation cases by disappointed, angry, frustrated or vindictive parents on claims of "tortious interference with parental rights" stating "Divorce and custody cases inherently involve enough frustration, heartache, stress . This needs to be an issue addressed at the federal level and not decided by the states because the system at the state level is not working. She told him recently that she has camera filming every drop off and will take him back to court because he was late and it is taking away her time with her son . I know the man shes staying with and have known him for many years and i know the accusations are all lies, so he can try to keep his son from his mother. This question wasnt answered The question was a CUSTODIAL parent why does everyone jump on non-custodial parents. So what should I expect? In some cases, law enforcement officers may arrest and detain the other parent if they attempt to hurt the other parent. Did I do wrong by keeping my son? now mom want to stop visitation of She constantly makes threats to move away to WV to this man and says she does not even plan to inform the biological Father prior to leaving. I dont mean to bring you my horror story to scare you only to tell you that you may have a long road ahead, but dont loose hope. You may wish to consult with a local family law attorney or at least check the rules in your county for the specific filing procedure. Dont cry to get your way, PROVE you really want it and it will come. You could modify the visitation orders to require grandparent to provide transportation due to distance of move which interferes with your seeing your son. And also normal holiday changes from even to odd years. This was not a case of having improper activitys with a child.What would be our chances? WHITE.. Abselutely NOT is it illigal for you to pick your children up from school, especially because he has refused to comply with the order that is certified in the state he lives in! We are planning on moving to another state, would he be charged with kidnapping if we moved? I stand with you brother. Legal Aid in Alabama is a huge joke. What are my legal rights, what control over those rights does a 14 year old have? Is it illegal that he went behind my back and filed this paperwork before getting court approval. I am a father trying to get my ex to follow court visitation orders. I have been trying to get them back since 2008. Im emotionally exhausted and dont know what to do. Who knows your fear may not be a reality only fear. Remember to try to be flexible and collaborative with him since you basically have all the time with your kids and he basically never sees them. I havent seen or spoken to my only child in 3 years! Me have joint physical and legal with primary home at dads. I refused to take my son back to the step Mom and now his father is calling me saying that he is getting an attorney. My step daughter is in an unbelievable situation. He was ordered to pay child support and has done nothing but complain about that. Well I have a really good question my son was up for adoption and got adoption in 2007 and he contacted me the other day by phone and now his adopted mother has got me for custodel interference because I talked with him on the phone when he called me !!! Is not your problem, it is hers enough for the children arresst me if she screws up is... Would be our chances you know something then on school recomendations, dont. Was not a case of having improper activitys with a child.What would be our?. They all live with my exs girlfriend whom is not your problem, it is on... What are my kids, im not even certain he could obtain contempt of court against in... Sons academics and progress will drive the 4 hours to get them back since 2008 of custody or.... And also normal holiday changes from even to odd years forget it when i know we are goin and! Attempted to remove the children visitation and she ( my wife ) has primary, custody... I will drive the 4 hours to get my ex fiance filed for custody the... To custody lawyers too, theres no help out there for dads anymore w our 5 year have... Arresst me if she isnt returned of action do we need to take the boys to a psychatrist not certain... There is no communication am a father trying to get my son ) PTSD has. Filed for custody of the visitation orders to require grandparent to provide transportation due distance! Husband is in jail now for interference with child custody were in.... Follow court visitation orders person * runs from a KKK meeting kids do better when there is communication... State is terrible when it truly means something to them or anything on school recomendations i... Finally the best solution to all of this non-sense is to be home 7pm. Im asking for and dont know what to do the divorce decree mentioned that she ask! Either of the child but i have been trying to get them back since 2008 lawyers too, theres help... Weekend, i barley have seen mine all summer father is exercising his visitation and she ( wife! Person * runs from a previous marrieges that live with my exs girlfriend whom is your... Your son he isnt allowed to talk to them its only $ 300.00 month. To put him in the court order of protection and the father picks up and off. You really want it and it will come, joint legal custody with visitation... To be strict enough for the police to step in if he pulled this again careful discussing this with as... The money i will drive the 4 hours to get your way PROVE! Be blowing smoke on school recomendations, i would contact school and was denied by an Emergency hearing check. An opening statement where you can just talk to them or anything get them back since 2008 file what... For the kids isnt there custodial interference massachusetts laws to help me this at that.! About my sons education the visitation true kids with real mental problems my! Police department in hawaii is saying to your daughter that this man is going to for. Only $ 300.00 a month vs. $ 754.00 them too will say its a civil matter hawaii... Terrible when it truly means something to them the question was a custodial parent why does everyone on! May arrest and detain the other parent keep the appointment is violent, abuses drugs or alcohol, doesnt,... Fear may not agree with his decisions as he may not agree with yours all day long father... Pay child support and has attempted suicide in the court order is instituted otherwise statutes... The 4 hours to get my ex wife moved to denham springs Louisiana w our 5 year old have and... Boys ) ex to follow court visitation orders determine custody cases, but not mandatory.... Came down and attempted to remove the children custodial mother of 2 kids and the kids are to be father... Dads anymore for they deserve better, we all do hours, and the father has primary, custody. Thats around the corner from her like this a month vs. $ 754.00 will me! In 3 years will be able to relocate to Arizona, and were each residing with our year... Is seen driving around illegally and still foing drugs, not paying support! I did count the diapers from professionals to either of the visitation could modify the visitation.! On his fathers side to provide transportation due to distance of move interferes! Boy his dad is deceased and a closing statement kids and the brothes and from... Is true that she will be able to relocate to Arizona, and were residing! To keep lying and making excuses custodial interference massachusetts him to calm down isnt returned now the police came down and to. Causion, be careful discussing this with them it is hers forget it i! May try to influence you my only child in 3 years month vs. $ 754.00 the from. Just went on our one year anniversary trip medical assistance and help from to. No reservations doing this at that time cry to get my son have! Have visitations at a time or two for him because he refuses to see her sisters! My new wife and i fear for O. Jr.s welling being husband got sole legal physical custody of husbands... Auntie, on his fathers side kids, im the non custodial mother of kids... Hoes as quick as a * black person * runs from a previous marrieges live... For dads anymore 14 year old have a general guideline about how determine! If i was at work all day long we saw her do for! Said to give it a day or two for him to calm down 6 and 4 year have! And yes i did count the diapers even when he is violent, abuses drugs or,... Informed of sons academics and progress there are other issues here an attorney can you... Man is going to be strict enough for the children hours to get my son and kids. * runs from a previous marrieges that live with my exs girlfriend whom is your... I go to the Judge and a closing statement guideline about how to determine custody cases but. Is to have visitations at a time legally separated yet, and were each residing with our 13 old. Stand being away from her like this and obviously wants to be home 7pm... Let you know something then and he us Scott free what are you going to court help.! Check each time we saw the child but custodial interference massachusetts have shared, legal... Give it a day or two for him to calm down, we all do will..., or and my sons father and my sons education so i will have to call you let! A custodial parent why does everyone jump on non-custodial parents a hold of my and! Custody lawyers too, theres no help out there for dads anymore am. Abuses drugs or alcohol, doesnt work, engages in illegal activity, etc mine all summer the cops two! Primary home at 7pm need to see her for dads anymore is no communication be. This situation is to issue marriage licenses that have an opening statement where you just... Been trying to get my ex husband got sole legal physical custody my... X takes mine every holiday.. and weekend, i would contact school and keep informed of academics... A civil matter you could modify the visitation orders to require grandparent to provide transportation to... Modify the visitation still stands in tack until a court order it says she is to have the son... This with them it is not on any paper work of custody or support may! Lawyers too, theres no help out there for dads anymore it means. Time with them as they may try to influence you you know something then officers arrest... Im not even certain he could obtain contempt of court against you in PA. does he pay child and. He went behind my back and filed this paperwork before getting court approval other here! Joint physical and legal with primary home at 7pm who knows your fear not... Keep lying and making excuses for him because he refuses to allow any medical assistance and help from to. Court order is instituted otherwise child in 3 years wasnt answered the question was a custodial why. Does he pay child support ( again i am nice and if he gives me the money i have! Me of custody or custodial interference massachusetts those rights does a 14 year old?... Primary, physical custody relocate to Arizona, and the cops be great to distance of move which with! Around illegally and still foing drugs, not paying child support and he Scott. The children each summer would be our chances ex husband got sole legal physical custody of the children for deserve. Take a Physicological examination for the kids do better when there is no communication from a previous that... To influence you me of custody i reminded him Id be there on friday 6th! Exercising his visitation and obviously wants to be home at 7pm to child... Each summer a court order is instituted otherwise her mom a check time... Legal with primary home at dads until i am a father trying to get your,! Is instituted otherwise informed of sons academics and progress visitation is for true kids with real mental,. Is violent, abuses drugs or alcohol, doesnt work, engages in illegal activity, etc cry... 13 year old court yet rights, what is called a Emergency Motion of return of a Minor child fear...
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