me and my ex are separated rhere are no papers filed on custody. I had to pay extra to send a lab tech to my exs residence to collect hair samples and with my daughter effectively non-cooperative the tech was only able to get a small sample of hair, that will possibly be an insufficient amount for testing purposes but most likely she will test positive as well. He says he will see them and wont, has no vehicle, lives with the child molester who is bipolar and has another friend who is bipolar and I copied her blogs to show her mental illness is not in control. She has to abide by a Judges order or she can be put in jail or possibly have her custodial rights taken away.I would document the days you didnt get to visit with your child and I would go file a contemp order against her if she doesnt let you see the child on the next scheduled visit. Give a check, never cash. 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. It will be an uphill battle but he has to show that she is and has violated the order. Good luck! Someone called DFACS on me and I failed the drug test, my husband and I placed our kids in his sisters home because we thought she was a great person, mother, friend, etc. Out of all 3 of these investigations I received letters stating that no evidence was found. On several occasions I have also, within the past 2 years, had to call our local Sherriff to order my ex to obey the court order for my weekend and summer visitations . We finally got custody back to us. I recently sent him to Fl to visit his father ( I am on the west coast). It was agreed between us for me to keep our son in Wyoming for the rest of the school year due to the fact he is in trouble and will completly fail the second grade. My ex came with his psycho aunt to my moms neighborhood, posting wanted posters for my son and I, with his number to call if anyone had seen uslike we are dogs. Shes interfering with custody? What are my sons rights in this situation? Both parents have the right to maintain a healthy and close relationship with their kids. If a TDo has been filed and the other parent is not abiding by that Order, for instance I have not seen my son in 10 days. My ex will typically hold our daughter many days after the scheduled visitation. They live in different states and there is no custody papers filed with the courts. I know I can file a criminal complaint per N.J.S.A. You will need to know where he lives as the parent must be legally served with the court documents. Does this in any way constitute a forfeiture of custody or void the physical custody? The feedback will only be used for improving the website. The non-custodial parent can also bring an emergency motion (submit a formal request) in the family law court to have the order enforced. Aurelia Marie Spears S.S.N. My 14 year old granddaughter who has been living with her dad totally for the last 19 months has been ordered by a judge to visit her Mom every other weekend. im afraid he will run off with my daughter because there has been rumors. He constantly threatens to move out of state, and even out of country, with my daughter. Her ex has domestic violence on him from while holding the baby on her 1st birthday trying to hit her mother, she recorded it, high on heroine, driving with her baby! To answer your question fairly more information must be gathered. Usually this will be 6-12 months to give the parent an opportunity to clean up their act. Every time they go to visit him, there is always drama upon their return. They refuse to let me see him? My question is this, my ex-husband got remarried and moved to another state. There were WAY too many issues to list here but bottom line is I had had enough and I left. Angels Dad is 100% right! In order for Massachusetts to protect the innocence of . Is it illegal that he went behind my back and filed this paperwork before getting court approval. (?) I just wants son to see his great grandparents before they pass on, they are 84 years old and I just want our so. Can I get in trouble if I dont send him over there? How can this be changed. No Judge believes children dont want to talk to their parents, so you have an advantage that the situation appears as contempt and nothing fair or logical or in the best interest of the children. Both parents have the right to know about any court hearing because you are filing the motion against the other parent and in NJ both parties have the right to defend or deny the motion brought forth. We go to every parent teacher , IEP meeting or speak to the teachers. I had a syncopy episode and hit my head. The case was obviously closed, and the case worker even stated he was a weird. Once you have been charged and found guilty of custodiaol interference can you receive joint legal custody of your child? paid him thousands but could not keep up. 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. Saturday morning, he called my daughter & said he wanted to go into work, so he wanted her to come & pick up my grandaughter. 3) Will my psychiatric hospitalization negatively affect the court order regarding custody/visitation? I have spent hours searching the net and cant find a definitive answer to this. Not only that, he has not let me talk to them on the phone. What an inconvenience HE ACTUALLY HAS TO MAKE AN EFFORT AND DRIVE TO SEE HIS KID? changed my entire life and everything about how I parent. It clearly states in our divorce decree we are to share holidays and breaks but she has my daughter thinking she dictates when she can come or not. 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. Will my cousin be jailed if he returns to Arizona? I do not have a criminal history and I have done nothing wrong. Includes sample forms. She never gets involved in school , or doctor appointment , never call during the week to see how her son is doing . I filed papers to go back to court for contempt. Not sure of so many things it is hard to answer your question. He refuses and wants me to keep our son here which is not financially feasible with us seperate. That mean 4 hours to drop off , 4 hours to come back . This is why courts will often have a general guideline about how to determine custody cases, but not mandatory statutes. People have witness them at certain bars and they are usually there around 11-11:30 pm and stay a couple of hours. The process of determining the custody rights of a separated or divorcing couple is a challenging and emotionally charged issue. My ex-spouse withholds visitation even though our divorce decree states we have joint custody. We have not lived in the state long enough to file for divorce or cuatody. But remember that state laws vary widely. You need to start taking steps to assert your parental rights now, because the longer you wait the harder its going to be. We also have joint decision making over the two kids. On their site, the 189th General Court of the Commonwealth of Massachusetts addresses the penalties a parent may face for parenting time interference. You may also be referred to other types ofalternative dispute resolution. In addition, for past 3 years.everytime she comes home shes in tears (countless recorded video/convo).he never wants to go back because hes mean to her. ?you said it honey yasss! Do you want your kids or the money. I left detox and went for emergency surgery. Can anyone understand my pain?? My question is whether there is ANY recourse for this situation? I might add that his father had a past meth habit years before we met that he has beaten (apparently briefly). Fathers play an important role with their childrens lives. It is required by both parents to encourage a minor child to go with the opposite parent regardless of their wishes according to the court order established. My son was very upset and keeps telling me he would cry at daddys and want to come home but daddy would say no. Then we went back to court last year and I got to have him for standard visitation where I get him every other weekend and some holidays. She moved from place to place to place for over a year. are you seeking custody as well? ) or https:// means youve safely connected to the official website. However, in January of this year she wrote my wife that she had lost her job in December and without even seeking another job here, moved with the kids to Topeka, Kansas secretly, without permission and without giving notice to anyone, including the childrens father or the Court. He committed perjury with DCF, he abused my daughter and I by willfully causing us stress, and maybe even defamation of character!!?? Because the father isnt working to pay the support that probably isnt being used by the child but used for mom, who is oh-so busy, likely getting her nails done with that child support money? Court orders state each party is to notify each other of any changes. or do we contact a lawyer first? This is available from the. Save any messages or conversations with your children. You may want to (if you havent already) start documenting each and every time you ask to call him, and are denied, or each time he asks to call you, and is denied. 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. You have set the precedence that YOU pick up the child. This time, however, my girlfriend went to pick up her daughter and her ex left the neutral location because he said she took too long to get there. His new residence is 3.5 hours away. After being served with processprior to the issuance of temporary or final order determining custody or parenting time rights to a minor child. She does not pay the daycare, does not pay her bills and obligation to her lease. Will he be deported after serving time in jail? I am thinking he should come back home July 27 if we go by the signed documents. Are you saying that your kids have been with him for 6 years and you are now fighting to get custody or are you saying that he instated a custody order 6 years ago and recently dropped the kids off for visitation and he refuses to get them back? i am the custodial parent of my 6 yr old son his dad gets him everyother wkend but wen he picks him up he spends a cpl hrs with him then leaves our son at his partents and goes over to his girlfriends for the night so i think its pointless for my son to go with him and my son hates goin i was going to not let him take my son on his visitations anymore but i dont want to get in trouble. filed a contempt of court order and filed charges ( which got a call from the detectives and the plice dept that said the d.a. What you are describing is called parental alienation. 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). He disregarded my plea. Summers and vacations when me and her werent fighting he would come and stay with me. Hi, heres my situation I am the step mother to a wonderful 11 yeat old boy. I have been told that many times from those I have tried to get to enforce a court order as well as friends in law enforcement. 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 .". Okay, say you have both a protection order and a child custody order, which one do you obey by? It is possible that the child is playing both parents and in MOST CASES it is best that the parents discuss these situations without involving the In-laws due to the fact..it is extremely hard for them to be bias in situations such as this. It turns out that the parental interference otherwise truly called Parental Allienation has gotten so bad the kids want nothing to do with me and the GAL and court costs are rising by the day. It is only july now. go to Google and type in (your state) statute and up will pop the intire state statute for where you live or which state holds jurisdiction. You are just another SCUM-BAG, lazy, ignorant, money-grubbing rat with Doritos crumbs stuck in your cleavage, you piece of garbage. Try to remain the bigger parent so that your child doesnt grow up and resent the childish behavior that parents exhibit sometimes.Do what is best.the court will also be watching what messes parents drag into court and how childish their behavior is.if she is not breaking any court ordersand if she is trying to be present in the childs life let her..the child probably loves to be around her mother.dont you think? Now that I gave you the facts I will give you the questions which they will ask and you need to think of how you will answer with the childs interests first in mind. We also have a Right of first refusal should the other parent be unavailable for 4 hours or more. The order does not give her authority of allowing or taking the children out state either. He wont let me in the house to get anything. 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. We have 2 children and we filled out the timeshare as to holidays and summer visitations. A fine of minimum $1000. Hello! She gave us the kids for 1 month and she told us we had to bring them back July 5th. Now your legal action. Your daughter must be going through stress because of it. Also in NJ we only see the commissioner the first time the motion is filed after that its always a Judge. He came up with a huge story that he told our daughter that she needed to stick to, however the police talked to both my ex and our daughter. i still go to get my daughter however she is no where around. Take a deep breath. I dont want to come between you and your father, I just want us to have a mother-daughter relationship. This is I wonder why? 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. Well after two I was getting nervous because Symone was not answering her phone, and then Branden took off from the bus stop(park and ride) to downtown around two thirty. 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! In Connecticut, a person commits custodial interference in the second degree by (1) taking or enticing a child who is a relative and under age 16 from his or her lawful custodian with intent to hold the child permanently or for a protracted period when the . Thank you for any kind words of guidance! The bottom line is a judge doesnt care if you have a written mutual agreement as it does not count and the police will not care if you are a father with a court order for visitation as they will not enforce (typically a woman) to turn the children over for visitation. First and foremost, this means . PLEASE HELP How are we to protect our children if the laws are not enforced. This is called the home state rule. Indiana my dear friends, go figure. So, you have to know everything that is going on yourself. it makes no sense. Well her bday was 2 days ago and I asked if I could see her at least 5mins to take her balloons and so her brothers could see her too (since theyre not allowed at the visit at chat house) they havent seen her since June 2.. Well he refused to let me see her. This was missing from the Obamas Fathers day speech. My husband and his wife did not get along with my cousin and his wife. He showed up at the designated visitation spot and sat in his car for 15 minutes on the phone and when I tried to call him and signal him to get out of the car and spend time with his daughter he did not answer so I left. If you admit it, apologize and offer make up time, paying for transport, etc. Marie, if the Court ordered him to have visitation you can not interfere with it no matter what he did in the past or what you are projecting can happen in the future or YOU will be guilty of a criminal offense. Kept him from me. 2) How will it likely impact the impending court order? My husband said that even if we are married and I take the child out of the house (even just for coffee around the corner) without his consent or without him knowing where we are he can charge me with kidnapping and abandonment. What will happen in my case could you please help me with my questions. This has been going on for months. Next business she was in court filing for sole custody. Will hubby be held in contempt of the court order? My ex has since gotten remarried and expressed his desire to have custody of our son. within 48 hours. Also she is not allowed to have any achohol 12hrs prior and during but i found out that she has been. What can I do she has No right because she isnt the paper she has No custodial rights. She moves 4 hours away (one way). If she refuses the child it is contempt of Court (the Court gave the Order so the contempt is against them and that doesnt stand well with them) or if the Court Order is clear then it is interference with custody and the sheriff/law must enforce it by you showing the law/statute in your state for interference with custody. When the xgf left the relationship 6 yrs ago, the child stayed with my bf and has remained in his care. I put the kids in school and they been there for 6 weeks now. Sweetcajun, I dont mean to be disrespectful, but what eutopian socity do you live in? Your goal is obvious to blow things out of proportion and take away his child and keep all the money. parents bought him a high priced lawyer. The 12 year old refuses to come to our house because we dont allow him inside by himself for an extended period of time and we dont allow them to watch anything on tv that we dont approve of (rated pg or g, depending on the show). so my husband is in jail now for interference with child custody were in TX. He he was back with the mother of his children and the way he was then I would never of helped him come up with the money to file for custody and he knows that. I have finally HAD ENOUGH!! Right upon leaving the U.S.A. his ex wife filed malicious charges against him- threatening to take the child out of the country and he lost by default. Please help, I feel like Im at a dead end. In other words, you would be telling the court that is something you would not do. There was just a contempt against a parent with five counts, including interference with alternate weekends in the summer. I asked my children where is their dad my son tells me his in the store. 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. Does it mean everything about issues with the kids are shared? 06-2013 it took everything in me to forgive the possibility of David molesting Caleb, I am writing you in desperation. I was granted visitation with my kids every weekend, Saturday 4pm to Sunday at 6, and split holidays. (Phone book or court referral is a start on learning about how this works. i have 1 for youmy ex took my kids from me 2 years ago to another state. He went back home and refused to bring her back. Does the grandparent has Custodial Rights to the child in the (last said) custody papers? 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