Parenting Classes state that 60% of the fathers go away within the first two years; 75% of bankruptcies are filed within 2 years of a divorce/custody battle. My question is if I where to just not give our son to him for his parenting time (a total of one (1) overnight and eight (8) hours)and I cross state lines, because thats where the reunion is, would I be charged with anything criminal? Thanks for your help. You could be showing yourself to be seeking reasons to prevent his custody and you could lose custody for this and thus child support if you continue. This will be very important as you will need to go to court. I just found out through my mother (who lives in southamerica) that she arrived to Peru last Saturday. This is not the first time she filed false charges on my daughter in attemps to get her to sign over custody, she never went to court as there was no evidents and the case was abandoned. You may be surprised to see he may give you what you want if he sees you kindness and can trust you again. I have asked for his counselors phone number (so I can find out if she did say I shouldnt come around and why) but he hasnt responded to my request. There is something wrong with this picture. Get this, he has a hx of domestic violence towards me & his current wife. This is absolutely NOT in the childs best interest as the court appeared not to care how crazy these people are. (or something else she enjoys. I was just wondering what I should do as for the conflict of time, not the conflict for me, but for the school hours. You are in big trouble, if the Judge has half a brain and heart. 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. Wowyou DO know how to type without ALL CAPS. My ex contacted her a day before (maybe so that it doesnt seem like child abduction? If you have a child that is mad and doesnt like your rules, (mad because he lost xbox and tv privleges) if an in-law interferes and the child will not come home can i get the police involved? I have joint physical custody of my son,she only has visitation rights which i can deny if she is not not sober or in the right mental state. Would my 12 yo step sons opinion be enough to change plans in OH? (b) A person who commits custodial interference shall be imprisoned . If he takes the child, he will be guilty of a criminal offense. 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. CAN SHE BE ARRESTED? Yeah I would start buy not calling the the father that if you wish to be the primary care giver of the child! After my Facebook message was intercepted my girlfriend and I began looking into contempt. He has weekends off, which they spend at home together, playing games, watching movies and using the internet) He is also overweight, diabetic, has high cholesterol, and has had 2 heart attacks, which he blames on me. He disregarded my plea. The case was obviously closed, and the case worker even stated he was a weird. stipulation was that every time I did something that David didnt agree with hed Will there be any consideration and help for me? Hes on probation? you are her dad. Well children need both parents in their lives but more than often on parent is actually going to destroy a child because they want the child with them just because that is what they want. It would still be going on if the child had not found her fathers phone number in her mothers wallet while she was passed out, we wouldnt have gotten to see her. The court should not have any say or jurisdiction as to how the parents divide parenting time for their children. I had 4 kids, got divorced, and kept child support out of it, we managed just fine to be mature about it, and EQUALLY SHARED EVERYTHING. 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. The father bought her a car, paid 3 months for an apartment for her besides taking care of his little boys financial needs and also making sure the visitation was agreeable with the mother! I called the school and the teacher said his dad picked him up at 10:30 that morning. She ended up going with her dad that day. His father is rarely ever even there. . You can request the court for a home inspection. My ex wife is refusing now to bring my son half way for my visitation time. So now my son isnt getting any We have a very happy stable home for him and are seeking the advise of a lawyer, however, we are broke and are getting a cheap lawyer. This does not mean one parent can tell a child that they must go because the court order says so. and its prescribied for 3 times a day! What do I do to protect my rights, And my daughters rights? All her Drs appts etv. I do not know the living conditions my daughter is in and Im wanting full custody of her. Im sure his lawyer will continue but I feel I should still appear for court Thursday Will it look better on me if I still appear in court wanting custody of my two kids. Forward to today. Okay, say you have both a protection order and a child custody order, which one do you obey by? Dont like them, dont talk to them. I cannot force her to get on the bus to go back to Nevada from Utah. If the custodial parent refuses to send the child to the non-custodial parent during the court appointed time (i.e. So now I have to wait for next Saturday to see her This is the second visit he has cancelled I didnt get to see her for 3mths due to the chat house not having any openings for a visit.. What can she do? Now theyre calling it custodial interference which is a felony because i flew her out of state. I should also add there was NO communication with his daughter while she was with mom. I dont want much I just want to be able to talk to my son or even get him extra day or two on spring break or a week or two during the summer when hes not in school. I cant file fraud charges I cant turn it in to IRS for fraud and I cant file kidnapping charges. 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. I do have visitation, its not much but it isnt enforced. Someone plllzzz help! Interference with parental custody may be punishable as a severity level 10, person felony, or class A person misdemeanor, depending on the surrounding circumstances. He has violated a lot but I never had money for a lawyer, now he is taking me to court. My question is can i file charges for interference with custody even after she was returned?? I found out through my mother. Custodial interference (also called custody interference) refers to the taking or keeping of a child from the custodial parent with the intent to interfere with that parents rightful physical custody. Long story short, my daughter was given her own room with zero supervision and became a drug addict. What teenager could resist being chauffered to and from school every day with morning Starbucks and afternoon lunches at whatever restaurant she chose? 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 . they said it is a civil matter and I have to take it to court. I went to his parents house and Request access to school records through the court if you get denied. He told me that his dad had choked, beaten him, and burned him with a cigarette on his stomach. This will be your proof to the judge that the other parent received the complaint. I will not be able to afford to pick up _____ on Sunday nights beginning on date (2 weeks from now). You will need to weigh out which state you would have the as stance in and file there. my kids are half Navajo. We are in Crawford County, Ga which doesnt know there own State laws so I took the liberty of looking them up. I left detox and went for emergency surgery. (1) A relative of a child under the age of eighteen or of an incompetent person is guilty of custodial interference in the first degree if, with the intent to deny access to the child or incompetent person by a parent, guardian, institution, agency, or other person having . There is no question that she will not heed the warning and attempt to manipulate and control the situation this weekend by refusing to bring him home again. Could I get in trouble and doesnt my 17 year old have a voice outside of court to refuse to go to his dad? You may actually get custody, child support, tax deductions and best of all your child. 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. We did this arrangement for 3yrs until the gf came in the picture. Shes been hitting walls everywhere she turns. before responding to any questions we ask the kids even if its about how He has not seen the kids since July 08. Well that Friday in his home town they were putting on a show and a parade. third, yes, you can file a motion with the court to hold your father in law in contempt if there is a written court order. She had him picked up on the CS warrant the day after Thanksgiving. The validity and types of custodial interference offenses depend on the relationship of the parties and any existing court orders. Anyway since 2007 I have been going to cour fighting for custody. Is this legal? My son and his girlfriend do not have a custody agreement regarding their son. Our legal aid does not help in divorce or child custody cases. Most think this ends much older than the reality which is typically 18 years old not 21 like some assume unless the child is handicap. My fiance of 6yrs (not my kids father) has a felony gun charge. Im so confused. THERE ABOVE THE LAW!!! My children live in Kentucky with their father and he sends them to school. Also familiarize yourself with the local and state laws. What will happen if custodial parent decides to call the police. I would suggest that you talk to a couple of family lawyers in your area and see what they say with what the criminal attorney is saying as I find what he is saying is probably not right. A sperm bank? The Judge over there REFUSED to return the children to USA stating the children are mature enough and their views are to be taken into consideration and that the older child(10 years old) does not wish go back to USA. She has lied on the papers she filled saying that i didnt provide finacial support but i have paper work showing proof that i have. My daughter receives no help raising this little girl and she does it all on her own with no State benefits either. what you do not want is a case that she is saying you have kidnapped the child, so please check your state laws. And if they didnt, then the Court would lean to your side if thats where you had to end up. Seeservice of process in the courtsfor more information on how this process works. She is involved in sports and hates going to his house. She is traumatized by the prospect of going back to Florida, and refuses to get on the plane. The state needs to leave peoples personal affairs alone. can my mom get into trouble? Do I have the finances to fight this case? My ex refuses to let us talk and has even kept her from coming on my specified days in court order. Status quo is every other weekend and one day a week. up What was considered normal as a child with few examples was in fact not Whatever the Court decides you have to follow, just like he would. Think about how you would use the courts and make sure you have documentation. They will advise you, as I will, to document each case of when she does not obey the court order as you may need to go to court. Have you not gone somewhere and not had the medicine and had to skip a dose or two? NOW,If there is a drug habit involved, is he under orders for frequent drug testing to make sure he doesnt fall back into that lifestyle while he has the child? When she gets home, she tells me that they tell her to say byebye and all done when I mama calls. Cuz my husbands parents have physical custody of our daughter and we only have the joint so we dont have to pay for babysitter right cuz its in there care? In this case, the father has sole physical custody, and the mother keeps refusing to bring their son home although it clearly states in the custody decree that she is responsible for transportation both ways. If the other parent keeps holding the child from you, file a contempt motion. He refused to obey the order and we are now having to defend ourselves after 70 successful exchanges on our part. when they give rules and is not been following for one of the parties and only they do is give hard time to the other side and when you call for help to this sources :police,court,DCFS,sheriff,lawyers NO ONE ,ABSOLUTELY NO ONE SEEMS ARE THERE TO DO NOTHING so how you can protect your child?from the other parent ;who can help you ? Getting my lover back is what i cant We do have an appt with his lawyer but not until Thursday (lawyer out of town). . I have full legal custody of my 16 year old daughter. Apparently you got stuck with one of the bad ones, but not all fathers are like that. She called about once or twice every month and never mentioned trying to see my step son. It sounds like youre doing all youre supposed to, though. then he refused to come get them. My 17 is refusing to go back to her dads in california. Its not just about Fathers fighting for parenting time/custody. The courts will see what an unstable basket case your x is.. Keep your head up and your arms around your child ..Someday this will be over with and you will be able to move on and be Happy while the x rots somewhere where he belongs.. Good luck to you and your little girl:). (Which is why I am surfing the net and came across this site). Will the judge take this into consideration?? Never once did I not. Failure to receive court-ordered child support is not usually a valid defense against a custodial interference charge. Peace be with you. Ashley Holter, 27, and Nicholis . I have a court signed divorce settlement between my exwife and I. My husband has joint legal custody of his 2 young sons. Randy had hired a lawyer and asked first for visitation. My fiance is divorced and has 2 children with his ex wife. Saturday morning, he called my daughter & said he wanted to go into work, so he wanted her to come & pick up my grandaughter. If a parent moves out of state with a minor child, it can interfere with the other parents visitation. Additionally you may call the local police to do what is called a well visit. Only then may extreme action happen. However after i got off the pphone with him on the 4th my sister calls me accusing me of being an alcoholic (not true) and says I need to move down there. They cant do that without express order of the NJ State court. Will her denying me of this right after she gave me her verbal consent be held against her when we go to our court hearing even though I did not sign the consent papers but both our lawyers were on the call when she gave her verbal agreement? In the divorce my husbands ex wanted them to put in the divorce that he would never contact her or anyone in her family ever again. He changed the locks and didnt tell me, so I busted window out and did get some of my daughters clothes and toys. Hope They are on my mind everyday. The reality is unless you have an advocate that WILL PROVE parental alienation you may not receive anything more than her getting warned unless she has done something grossly negligent and it works the judge into a frenzy. He constantly threatens to move out of state, and even out of country, with my daughter. What do I do. I had to file a missing persons report for our son once when she took off. The site provides advice and information in video form. then Branden finally called me back saying how Symone was fine, no Cash and her had not gotten into a car wreck, and she was just delayed because of traffic. He has supervised visits one day a week so he will only be missing two days. Let it go beyond six months and it becomes their jurisdiction and you have to go there. she violates the court order and keep track of it. No custody order in place and were working together in co parenting the boys. I havent seen or spoken to my only child in 3 years! The court will allow you to relocate because you it is based on a job and other things that will not be seen as trying to keep her away from the child. Every state abides by the UCCJEA laws and has state statutes that follow suite with some slight variations, but in the end the Federal and state laws will allow for a judge to have some slight latitude in making the final decision with respects to the children as each case is different (in my case well I wont go there). What state would I need to file for Custodial Intereference? im afraid he will run off with my daughter because there has been rumors. 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. 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. 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? We have taken all of the steps that the police the courts even the magistrate have been telling us and most of it is that we cant do anything, we can not do a missing persons report because they say Virginia doesnt do that!!!! their day at school went. My ex wife has her mother doing all her visitation at this points and barley spends any time with our son and he has asked a few times not to go with grammie because of these issues. He drafted the paperwork & had an attorney put his name on the paperwork. or will it be supervised? You could modify the visitation orders to require grandparent to provide transportation due to distance of move which interferes with your seeing your son. Mental games are always played. My older daughter isnt taking anyones side, but she agrees with me on the reasons for leaving the marriage and she doesnt like what her dad says and does. The question is what can be done about the mother not following the court order. And now they have served me papers and charing me with Custodical Interference. As a result of her actions I hired one attorney in Florida to file the contempt order and may have to hire another there and I dont have money for either. I wish you luck. What is upsetting is, my exhusband isnt going with them and isnt allowed to leave the united states. So he and I go there and they drop some of it After he passed away I had to go to court again for the arrests AGAIN and they were dropped along with anything else owed at all So can someone please tell me how they just got me on driving on suspended? Have a little more compassion and maybe think of how some us are feeling about this stuff!!!! Not to mention my poor mom, she is harassed and stalked by my ex and his entire family. My kids cant talk to her, she alienates them etc, they have mentioned that to my family, When does the judge say its enough? I called the hospital, they wont even let me see him!! He has tried her whole life to see her but every time he finds out where she is living the mother moves, changes her phone number and tries to put a restraining order against my husband. Why are most women so illogical, bitter and unsensible when it comes to what is best for the child. child that lives with mom can that happened what can i do to help my brother out? I have proof and it doesnt matter. Check my story which is a few stories above yours. In this instance, the court may order parenting time for the de facto parent. I have sole custody of my 6 year old son. Then she showed up in Jan. for a supervised visit and she left the property. To me, 2 mos is too much all at once with a man they do not see. I had him served with divorce papers AND a restraining order at the same time. I have residential custody of my son, hes 17. These requests, although expensive for the mother, seem reasonable in consideration of her disregard for Court Orders. Love the child more than any agenda to fight or control or abuse the legal system for gain. Its about mothers too who have wrongly had their kids taken from them from manipulative grandparents. laws ch. I went to the circuit clerk and he said I couldnt sign a warrant on her because it is a FELONY! Go file another case!~!!!!!!!!!! How should she proceed? We dont even know where she is and what they did with her. Even though I have sole custody, visitaion times are not spelled out..I can already see him telling the police that it is still his time..ect.. Questions: Is there anything I can do about getting her parents for (1) interfering in our marriage and (2) interfering with my rights as a father to be a father to my children who would like to see me more than 2 hours a week. My spouse of 20 years and I are divorcing in Tennessee. First stop demeaning who he is as he is the father of your children. I think it was rediculous to make a 3 year old wait almost 4 weeks for a hearing. NC said that since my child wants to stay in Fl then he will not send him back to me. We are really worried but dont know what to do and its the long Easter weekend. Or, a child could spend equal time with both parents but only one has custody and can make the decisions for the child. And I want to him to drive an hour further and I will drive and 1 and 1/2 hours further. Can the Father file for any type of emergency order stating she cannot take his children out of state without his knowledge? We love the boys. But, Im done with you Includes sample forms. EXCEPT IN MACON GEORGIA THEY THINK ITS STILL 1973. Abandonment, in most states, is not only grounds for custodial reversal but also grounds for criminal prosecution. 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! I agreed to letting her see the kids under certain condition. WTH? Also in the court order it says she is to have reasonable phone access to her child. About 1 year later, my son told me that his dads girlfriend had molested him. We had discussed him living with him and I was not comfortable with our kids being there with him living there. If they agree with you they will be the ones taking this to court on your behalf. my question is. When my son went to jail myself and my husband helped with the kids til the courts granted the mother custody. Under the law, this child has one mother and one father. The other parent may be present, and they may have a lawyer present. The child now does not want to go with me because she doesnt want to miss going to six flags or soccer games, or friends parties. I called CPS and reported this incident and took my son to the emergency room. Now the last nightmare my deceased fianc and I had at court is when I got into some trouble and for the safety of our daughter he went and took temporary custody! And violating a court order just hurts you in the end. Dont be selfish and controlling. I know he loves his father and he loves me too and this is what I try to keep sacred for him. Under Florida Legislation a police officer cannot get involved in an exchange only be available for standby should a physical altercation occur. Joint Legal Custody is in effect. There has been petitions and responses filed in my state (New Mexico). I have custody of my five year old daughter. If this situation was reversed my husband would be in jail the minute he was found, I am a father I have a13 year old daughter, your civil rights have been taking away from us most of all your GOD giving rightts have been taking away because of mothers games and the judge being bias.The mother has used my identity to get in my bank account in my verizon account.shes getting away with it. What are my options?? Join the cause for an intervention: Is this a battle worthy of going to court? I AM TICKED!!! Whats happening to them on very rare occasion, is happening to fathers everywhere, all the time! His house is dirty and sometimes stinks of cat pee, he doesnt provide nutritious meals and he doesnt turn the heat on very often. I know I still have a legal right to visitation whether I can pay or not, and he has not mentioned the child support as a reason not to see her. PersonallyHang in there, I know its difficult thats your baby you carried for 9 months hoping to have the father of your dreams for her, but this is what you have, try to work with it the best you can. furthermore, in my state you would be entitled to make-up visitation time for the time you lost in the summer through no fault of your own. The mother would get sole custodyand a SS checkshe would not have to visit with his family either unless the judge made her do it. Keep documentation of everything, and he may have his visitation rights terminated. My children and I have other people who help with their everyday life (grandma), schooling (daycare), etc where their life could go on uninterrupted. If they see an issue of child endangerment they will take the children, more than likely giving them to you until the case goes to court on a criminal misdemeanor. Does the grandparent has Custodial Rights to the child in the (last said) custody papers? or do we contact a lawyer first? Are you married? I would be going along with humanitarian group, too. On the days he is with his mother she leaves him outside the school and picks him up after 5:30 pm sometimes at 6 pm. How far does each individual live from the other? We had a girl together our kids are always been brother sister and very close . Im so sorry that you are going through this and even more so that your kids are. When there is a REAL CONCERN the Law will be behind you. I dont have money for a lawyed but would like a modification of existing order due to parental alienation and abstructing a parents rightful child custody. It is so damned frustrating. mother of 2 year old who.has full sol.custody and decision making, can not afford an attorney any longer. Thank you Fathers Rights for your comment. Sorry about your situation. Fathers are systematically eliminated from their childrens lives. 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. The father of my son.has had tempory custody of him.for about eight months now..the reason he has custody is becauae he called dcf on me ..i was ordered to complete some task before i could regain.custody of my son..right before i finish all.of my task he up and moved to.idaho ..he was living in flordia prior to moving..is it legal for him to up and move without getting the courts approval.because it seems like no one seems to care that he lefted..when my son was three i moved to georgia but had to get permisson from the court before i moved..just wondering if what he did was legal. Because she is the one I was replying to. control me. Its all a ploy of his to get back at my daughter. If you have a Court Order that the custody time now is yours and they do not deliver the child at the appointed time and place, they have committed a criminal offense of INTERFERENCE WITH CUSTODY and Law Enforcement is bound to help you by putting a warrant out for his/their arrest. NOT TRUE! His father had emailed me requesting an additional week. App. Does the fact my child is 16 y/o have any say in the matter? I live in Texas and when my son was 4 his father refused to return him back to me and I had to go get him which was over 200 miles away when he was to bring) and also me. There seems to be some information missing. If that is the case and either party is refusing to allow visitation they could potentially face Custodial Interference charges. this man a chance and i ordered a LOVE SPELL. 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. It is not my site. I presume she was awarded temporary custody pending resolution of the divorce issues. His father and I have always agreed to compromise. The school has misdiagnosed my son (I am a teacher. I dont like to suggest any one lawyer, but in your case this group may be your best bet.
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