The worst thing that can happen is you are told no and have to wait until he is 18. Im just trying to make sure this is a legal thing to do. 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. Or worse could they charge me with parental kidnapping? The child is a boy, and his dad is his hero. In Florida for example if you can show you are indegent they will take your case probono or help you in some form. A fine of minimum $1000. Stephanie, Im not asking for excessive. She needs to get out of that house! custodial interference by relatives 50 mass. What would happen if this 14 year old refused to go with her mother. Now if you refuse to make an attempted effort they with note you are being obstructive and may be arrested (more than likely it will not happen as the children are around and that is too much stress on a child. The child would be much better off with us, but we dont know if the courts will make that change based on that. Legal Services. He says he is going to keep them till he is told he has to give them back. Send certified mail telling the parent they are in contempt, record all your voice mails you leave, etc. The process of determining the custody rights of a separated or divorcing couple is a challenging and emotionally charged issue. That is not true, here in NYC the NYPD private storm troopers for the woman (sorry) do not mean to sound misogynistic, ( I am not really ) they will enforce this violation. Will the judge take this into consideration?? He kept her for two weeks from her mother and I. I was in the delivery room he wasnt I brought them home from hospital he didnt. REALLY!! why they open a case investigation? We are still married but had problems in our marriage. Actually got me arrested numerous times when I would go pick him up. Chapter 8: Custody of minor children and visitation. Our kids have to know 50 sight words before entering the first day of school and 50 more the 1st semester. If the judge denied all these can I have a good cause to keep her??!! obviously she is more concerned with preventing your relationship with your son and causing you grief than anything else. It sounds like him giving the children to the grandparents with no contact is custodial interference, but you dont say if there are any custody orders or not. In which is only a 12 month period, hopefully less. I do not know why my younger son was not put on the flight. I make all the decisions. While courts generally encourage parents to work out custody . I made the agreement out of court so that it wasnt put into a strangers hands and so that my kids did not have to say anything bad about either parent or be questioned in court although they wanted to. She uses her petition and shows it to police and tells them that it grants her sole custody until court hearings are complete and they accept it and ordered me to giver her the child and also ordered me not to contact her asking to see the baby without issuing me anything in writing. Shes not technically interferring since he is there are the house and she didnt take him away, but the custody agreement to have him every other weekend is not being adhered to. We tried desperately to resolve the issue. If your job is so hard, then give it to the dad as someone else said. She is not helping him at all and I wonder how long she has been a lawyer because she doesnt seam to know much. There has been a motion for a divorce, but apparently nothing files since I have not been served. In nc. But mothers dont usually stray very far from their young.. My daughters father has been trying to do anything he can to take her from me since the day we broke up. My son is 6 years old. If you call 911 and they came out great but did you also call CPS? P.S. Understand, too, that a prosecutor will often decline a request for a criminal custodial interference warrant because they also believe this service is necessary. The $4 wasnt even due yet and I was asked by my ex to do it because he forgot to do it earlier that same day. (I also let him have her on thanksgiving, christmas and other special events because I want us to be in both of her life even though we no longer are a couple, also so she would never feel like she was picking one or another.) We have a crazy parenting time plan, he sees out son everyday for 4 hours a day and it worked when I was working, but him always being late made me lose my job and now I cant find one that will work with the parenting plan because he refuses to pick our son up at daycare or preschool. My ex and I have joint custody with me being primary residential custodian. But my ex is getting more pissed every day he doesnt come home. 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!!!! I moved to a nearby city with my daughter while I had sole physical custody of her and the restraining order was in effect. MAYBE IF YOU DIDNT HAVE YOUR HEAD SO FAR UP YOUR FOURTH POINT OF CONTACT YOU MIGHT SEE THAT. The last order on our case was an emergency temporary custody giving me only visitation. My child is his fifth. Ive won over every probation officer Ive One time he kept him for 4 months and the police wouldnt do anything about it. Causion, be careful discussing this with them as they may try to influence you. I know she has had him around, just no visual proof. She has proven many different times and many different ways that she does not care about the well being of the children. The abductor must know that the abduction or concealment violates a court order. She did not comply to the court order to have our daughter tested for drugs for nearly 4 weeks. Thank you for letting me vent Moms Rights. Can I say no to her getting in my car? I have been living apart from my husband for 9 months now. My son and his girlfriend do not have a custody agreement regarding their son. Because no matter what you come up with, you willfully did the wrong thing to your children and broke the law on three counts. I told him that we would be in contempt of court if we let him take our grandson. How do I file tax fraud? things be the way it ought to be. The child is 3 yrs old, and he is trying to control my whereabouts by enforcing that I be home every single day for his call. Me have joint physical and legal with primary home at dads. In addition my daughter, an 8th grader, told me that there is a field trip to Washington DC he would like to go to. But we are just getting the runaround about court and things like that. A few years of trying to find her we got a letter from the courts saying that we owed the state for child support because she had received government help and named him as the father. I have proof and it doesnt matter. Her filing for sole custody likely has to do with desire for more money for support. One important source of information is the report of the court investigator, because it provides the court with useful information that otherwise may not be presented by any of the parties in the proceedings. My questions: Well The 3rd week came, I had really big plans for us to go to the lake and see a huge fireworks show, go jet sking, cook outs night time fires for smores & marshmellows and hotdogs. If she becomes a resident of another state (which is 6 months in the other state) you will be on the losing end and just get non custodial visitation. This is just an example of the way we have been treated. After the first visitation, my son was only 4 at the time, he came home and called me all kinds of foul names, spit on me, punched me, and told me of various and graphic ways that his dad was going to kill me. All I know is that this horrible ordeal is a great injustice not only to O. Sr., but also to O. Jr., who has a right to know his father. Disappeared after school, saying he was making up a test, however wasnt. My husbands ex has not exercised her 6 week summer visitation which clearly states it begins June 15. yesterday she says she is getting him today for her 6 weeks. Id really like to know what the best next steps are and what can I accomplish. A solid pick-up order or Habeas Corpus for the child's recovery is very important, especially when the child is believed to be outside the jurisdiction. Plz help. 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. We went to pick her up for her week at dads as we have joint custody and joint residence. Ok i got my 16 year old and her grandmother has custodial coustiten over herand ben lieing to her..her hole 16 years.and now i told her the truth now she wants to come and see me and she wil not let her wat can i do.i was 15 wen i singed papers with out my mothere there and it was at her lawers office ..and she still works at ..pls tell me wat i can do ..she wants to come meet me and see me thank u tia lucio, We never went to court just to her lawers office wen i was 15 so but i got to pay child support. 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. He does not mind the mother having visiting rights, but not at her mother and dads home. I went to get her myself and the situation resulted in my arrest and was charged with domestic assault. She did have one place but it was infested with bed bugs and the child would come over with bites all over him. I have no money to hire attorney as all my money goes to my disabled son. My mom said she will never again have his dad pick him up from her house b/c she felt like she was the worst person in the world when he was crying for grandma to keep him because he did not want to go. If its been over the 30 days then we can file a new motion at any time, also in NJ as stupid as it sounds we can file a motion for custody/visitation for anyones children even if we dont know them. I want to say, what does it matter if he has a felony charge from 3 yrs ago? I live in New Hampshire, but the mother left the marital home with my daughter and relocated to Florida. The first report I made to CPS was because my son said his dad was letting him sleep in bed with him and 3 of his girlfriends watching them have sex. The 17 year old is autistic. My son is 17 michigan has jurisdiction over him and he lives with his mother in indiana. I do not know if you have a lawyer, but if not consult with one. You need to start taking steps to assert your parental rights now, because the longer you wait the harder its going to be. The mother lost rights because she did not want to take a Physicological examination for the courts. After attempting to Mediate, to no avail, the judge ordered my daughter to be allowed to ride the bus to my home on my court ordered visitation days and weekends. As the step Mom continues to spread this gossip shouldnt someone stand up and let the attorney, judge, Mother the truth? Legally, I would make sure I had mail, voice messages, cell texts, whatever to prove that I tried to fulfill the Order so he cant say you interfered or are in willful contempt. So she saw me pass out, I hit my head on the fridge ended up with a concussion. CPS investigated, found nothing & ordered him to return her, but it took a week. I understand your frustration but the only option you have in this case is to bring it back to court. *** thank you so much. When he and I got divorced he could afford a lawyer and I could not so therefore was not notified of court dates or anything that pertained to our divorce proceedings. Now that my ex has moved to N.C. and the children are with her, she tells me she cant afford internet to provide the face to face time. The abuse and violence this child has seen and been through is ridiculous. Ideally, they could both meet half way, but MY experience and my OBSERVED experience is that the custodial parent, whether mother or father, tends to abuse the non-custodial parent because you know you can get away with it by having that upper hand. Randy had hired a lawyer and asked first for visitation. She has called the police on me anonymously telling them that the kids were being abused. I also am concerned that he may have hurt one of our children and is afraid they will disclose it to me. AGAIN, IN MY PERSONAL OPINION AND EXPERIENCE! Next day she refused to tranfer custody, I called police, they confirmed her refusal but could not do anything since no court order. You have an attorney and you know all the answers, so why are you on here spewing about him when he was good enough to be the father when you were together and now hes not? If there was no custody agreement, she cant do anything about you keeping him in NC. Her father refused to return her to me. If your court order states you have to let the parent know where the child is or any visitation or other communication is on that Order you are in willful contempt and possibly interference with custody. 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 child has been diagnosised with acute post traumatic stress disorder, she cries and tries to hold on when dropping off at school and does not want to be put down at home and will only let her mother and grandma hold her, she is just a different child. After four years she had done nothing about visitation. This child is in danger and weve tried every emergency avenue to prevent having to send her back to her mothers but nobody will do anything. Best of luck! When I told the ex that out daughter would be able to get her orthodonics he was upset saying that it didnt seem right that the new guy could do that for HIS daughter. My wife and I still married but in a weekend that I was on a business trip, she left home and from the emails and texts that we exchange she is telling me that she is not going to let me see my son until she want to. So he is disabled but still can hold a fulltime job. 3) Will my psychiatric hospitalization negatively affect the court order regarding custody/visitation? This definition misleads people to believe non-custodial parents are the ones keeping children from their parents. their day at school went. 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. Im sure youve both made mistakes forget about that and do what is in the best interest of the baby you have created together despite your relationship now and in the future. He just shows up. 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. This could run you a few hundred dollars but save you great headaches in the end. 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