Unemployment is a source of income so the courts should have calculated that as her income or they usually will input minimum wage times 40 hours to come up with the support amount if one of the parents does not work unless one can prove that they cant work. My husband left me and my kids. Our other problem we face is that we are getting the runaround from the courts and the lawyers. Her actions say otherwise. You can always consult with an attorney and go pro se. Can I drop him off later? You can also press charges on the babysitter. He probably scared that girl off, if shes smart. I drove my son down there and he showed me where the little *$! My daughters father went into my daughters daycare and filed the paperwork to become the primary parent before filing an amended parenting plan. I did contact child support enforcement and his grandma and gave each of them my contact inofrmation and consent to pass the infromation along to my ex. Their father lives with his parents. It is both parents responsibility to raise their child/children without outside interference from extended family. Depending on your states laws, different circumstances can bring varying charges and different penalties. On my paperwork it does clearly state I am the custodial parent and child physically lives w/ me. Its all a ploy of his to get back at my daughter. This would be CRIMINAL if you had LEGAL CUSTODY of ? This summer Ive had them all almost all summer and their dad got them and was going to have them two weeks with after five days he sends me a message saying that he had no where for them to go and his bank account was drained and needed to bring them back. Have funI love you and well see each other soon. The calls are somewhere b/t 20-60seconds (including dialing/ringing time). I gave him separation and custody papers first but he ignored them and went and filed suit for holiday visitation and temp legal custody. I do not teach them to hate their dad, I tell them the truth in the past when they asked about him, but now they do not ask for him and the children are just 5,5, and 4. Understand he will have to do the same. as all of us do!!! Your case is very involved and complicated. Most custody and parenting time disputes are resolved by an agreement between the parents. They are in Pennsylvania and I reside in South Carolina. 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. We finally divorced in Aug 2009. Call you local legal aid office and see if they can help you many times if they cant they can suggest someone that is doing pro bono work. what can i do to stop this from happening and get my daughter. There is no custody order in place and the child has been with my daughter since birth. Texas officers state this is a civil matter and I will have to call an attorney. How can mom get thrown in jail for puting her childs health above dads visitation time rarely, yet fad walks around with a job not paying court ordered child support, a very low amount and not face and jail time or consequences? Even when Im able to go see them will i have a problem visiting them since I havent been able to? I recently sent him to Fl to visit his father ( I am on the west coast). Visitation is what the family court force on fathers, as they want fathers to become an occasional visitor. Word of mouth. Ct. 403 (2020) We would now be 6 1/2 hours away. No consequences. Try We live in florida and dont know the laws about this. It has been 10 days already and will be over a mth before this is resolved I would like to get her back before that. I am not a wealthy person by any means, I live paycheck to paycheck and struggle to make ends meet and cannot afford a lawyer. 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. One of which is not biologically mine but I signed the b.c. Not doing so is an act of parental alienation. I was wondering if the custodial parent puts a lot of restrictions on the non custodial parent and its stressing the non custodial parent. Well you gave a lot of info but heres the short. But we thought we were gonna handle this like adults. He should give you the phone number regardless. Me have joint physical and legal with primary home at dads. You need to hurry, these things being done to your child could do irrevocable damage, put him on medications, etc. The biological father came over one night and took the children to Charlotte, North Carolina, where he now resides. Some page levels are currently hidden. I dont think her repeat moving (and revolving boyfriends) shows stability. do you mean to tell me a redneck can buffer all these people? Im not asking for excessive. Not during his parenting time, and one of my children is not his child. I am a mother of 3. Also in first grade, same thing. Take a deep breath. Is there anything I can do to the D.A for not keeping my sons interest at best?? She keeps telling anyone who will listen to her that the mother told the children they couldnt hug her the new wife. He asked us at the first of the year to please find a way for him to come live with us. He violated to visistation order then went to court and suspended my time share. We dont believe she has left the state, however not seeing his son in almost 4 years causes great concern and worry about his well-being. i haVe A question If my mother refuses to return minor children back to the state Where they live what grounds do I have be cause they are 16 and 17. Can the county police do anything? The first being no jurisdiction has been established or two all parties no longer reside in the state that holds said jurisdiction. Can my family keep my kids from me because I went to detox. I only get my son 48 days out of 365 and I dont get any phone conversations with him. Family law & practice. We are certain that she has caused the communication to stop. A de facto parent is one who has no biological relation to the child, but has participated in the child's life as a member of the child's family. And she would bring him to see me or I would take the bus and she would pick me up at the bus stop. children. I have joint custody. Hopefully, he will get himself together and be a good father. I might get them back tonight. Is this true? I have always been very open with communication when she has not picked them up, many times she never answers her phone/s or responds back. This will be a difficult and uphill battle. With that said even if you have a court establish an order it is very tough to have another case uphold the first states court order unless either state establishes the action of one parent as criminal in nature. ourselves from a very young age. Being a father of 4 who my ex took my kids to Chicago from Florida under the same circumstances I can say I have no sympathy for your story. Why are most women so illogical, bitter and unsensible when it comes to what is best for the child. Fight it and the Judge is going to see you as bad for your children and in willful contempt at the very least and this is a major change in circumstance that allows a change in custody. Can he get a custody hearing in 5 weeks and take my son? Contempt of court charges can be a WONDERFUL thing for the non placement parent, against the one who has physical placement. Does anyone have. Court orders I have her every 1st 3rd and 5th weekend and half summer. Its a biased system against the family/children YOU MUST STATE THE LAW. Let me say you are probably in one of the best states for child custody, barring my case, as long as she has not left the state or local area. I dont think its right at all to make a child do something they do not want to do. No legal papers for custody are in place. When the xgf left the relationship 6 yrs ago, the child stayed with my bf and has remained in his care. My question is I want to bring my kids home with me to stay for a week. They never wanted to leave in the first place and would rather live with me. Can I get in trouble if I dont send him over there? My daughters mother has n a heavy i.v. I called the cops to report violation of my protection order repeatedly. Perhaps also put in the letter some verbiage that non-objection to this request is consider consent. So basically he exposed her to his habit as well. My brother lives in another state, there is no way we would have known about this so called public notice. Hes doing this in retaliation to the mother because she wants a divorce. In most cases, interference behaviors are a blatant violation of child custody orders and could lead to criminal . Please note the same principle and school was doing this prior to our divorce as well during last years school year and I addressed him about the situation at the beginning of this school year to assure that the ame things would not happen this year as well, which was okay until just recent. We are still legally married and have no custody agreement. Is it up to.this mom to enforce the law on him? It only took a month or so of being on She says he does not always want to come for weekend visits. How is that good for the child? Just remember always our actions reflect on our children and they did not choose to be born in to fighting parents they just want both of you to love them. I went to the police station, clerks office, dispatch office and finally the sherriffs office. An attorney in Utah told me this could take $25,000 to win. and the same time as our new apt. Me and my ex who I never married have a child together. Can i still be held in contempt. I need my oldest sona 16 year oldto know what should happen to people who attack others. I told him that if he doesnt let me know when hell be picking up our son then he doesnt go. there is this man I know who is married with 2 kids. We have a 3 years old son. me and my husband have been fighting tooth and nail for my step kids.. there mother my husbands ex is the custodial parent but yet she gave them to us weve had one child since nov. 2007 two children since april 2010 we all live in franklin ohio the kids grandmother (who has no rights to them AT ALL) lives in cali. classes under my belt, Im able to be the loving caring mother I have always He is with his father and I every other week (its a crazy schedule, not just straight every other week) this is court ordered visitation. Totally understood. PLEASE HELPThank you. laws ch. Try to defuse issues rather than assume there may be an issue that will not exist. This is where my kids are currently and I dont know for how long exactly, although they said something being around Christmas to my mother as well. I am a custodial parent and due to the fact the noncustodial parent is on probation for 2years now for a possession charge, has had a job in 2years, has no car, and lives at a motel.also doesnt pay child support I have moved (not out of state) without giving him any information on our residence. is there certain guidelines for visitations like if hes so many minutes late i dont have to let him take our son. Thats what I would do. someone has to be legally responsible for the child, irrespective of whether they are acting responsible or not. My older sister lives there as well and spoils my daughter and encourages her to babysit my elderly father while she goes out with friends and on trips. I am the non-custodial parent of 4 minor children. The childs uncle was very impatient and would not stay past 10 minutes. We are planning on taking her back to court for a custody ammendment, she and her new husband have VERY questionable parenting issues (both recently picked up class B drug charges DURING moms visitation time.) Is it illegal that he went behind my back and filed this paperwork before getting court approval. Its possible to commit interferences that are legal or against the custodial parents rights. Im a ncp in Grays Harbor, WA. The father falsified a restraining order and after I was off of probation from falsified charges from the girlfriend, I took the kids and went back home to NM. The mother left the state and moved to Texas, taking our daughter and ignoring my visitation schedule. I was told that if I do not have a court order and I dont, that I could not keep the kids from him UNLESS I have mental health prof, to back me up on his behavior and I do. Can someone be sued for custodial interference and if so, is there a statute of limitations on it? i have always visited her i keep her on weekends and i pay half for everything i take her to Dr. visit. I live in the state of Pennsylvania and Im very concerned about everything thats let up to her 14 months of age. I AM TICKED!!! then he refused to come get them. Is that cause for anything in the future, possibly to get her to have supervised visitation? The OP has been expired for 6 months, and the mothers behavior and living situation really makes us want to try and get custody. Call today for an initial consultation! and its prescribied for 3 times a day! So what can a single working mom do of a 2-year old child whos dad has a job under the table living on his own with a g/f affording new tattoos yet has not paid court ordered child support of $278.00a month in over a year? Is she required to tell me to where my daughter is living? *My concerns are 1. he has me and the baby sleeping on an airmattress in the living room of his girlfriends house, its been this way for a months, before the air mattress we were stuck on a couch. So if anybody has anything to say encouragingly please feel free! Any time the non-custodial parent keeps the child beyond the visitation period provided in the court order, the non-custodial parent is in violation of the court order. Ct. 906 (2012)A child born of a same-sex marriage is the legitimate child of both people. But for her to think and act in this manner. Their statute actually accounts for a full 24hour day unlike other states (like Florida) where they account soley on time awake less the time in school and that is the only amount of time to be share as the primary gets all sleeping time as it does not count. Well as i picked her up on Saturday afternoon, he replied I will see you guys tomorrow at nine in the morning, I turned to him and gave him a funny look. Visitiation ended on July 27th and I have still not gotten my daughter back. What do you think. shakes head in disgust.My Long LaborDay weekend stolenhe walked into the school and took them 5 states away. 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. but she gets away with it because she a paralegal really. If its obvious to us reading YOUR words, then ti will obvious to a Judge. You are not allowed to unilaterally (on your own accord) terminate parental rights. Now hes telling me I cant have my vacation time Because it wasnt given to him by may 1st. What about your younger sister, do you really want to leave her? If you believe that your ex-spouse, the parent of your child, or another individual has interfered with your . 828 (2006) 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. The papers say she has to notify me anytime he is sick and I havent got even 1 courtesy call on his well being. 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? I hope by now youve taken care of that! Think if you had to pay that child support if he had sole custody and still had to provide a home for yourself. I then took full time custody of the two children. I take her to see his mom and I sent him messages telling him that if he wants to see her then he can call or e-mail me and let me know! I have a question and a pressing issue at hand. I am in the process of filing contempt charges against him for non-payment of child support. Nikki, a Custodial parent cannot keep or deny a child from the non-custodial parent just because the child support is in arrears. i have suffered, now i know im not alone Kids are the ones who suffer. BTW, she found her SS# from an old document. I was informed that based on my facts I could file criminal complaint. In the order, he is supposed to have reasonable access by phone but every morning before I go to work and every evening before we go to bed is excessive. Child custody orders can be arranged after a divorce for children up until the child turns: You don't need a lawyer to file for child custody, but it's highly recommended that you get one if you can, especially if the other parent has one. Can he just take her? No! what about the mothers going through this my kids dad has refused me all visits for four years. They live in different states and there is no custody papers filed with the courts. But it is a myth. Any help you can give me would be great. Her dad is just whining and complaining because he basically doesnt want me with my fiance. before I got to speak to my son I first had to convince David that I was just Once you have been charged and found guilty of custodiaol interference can you receive joint legal custody of your child? did you have the court order with you to show police? Before the entry of a court order determining custodial rights, takes, entices or withholds any child from the other parent denying that parent access to any child. To top it off, it cost me $2500 in a lawyer as I had just started a new job and did not have time off to do the paperwork myself. After the complaint is filed, your case will be assigned to a judge. They are court ordered in a very specific parenting plan. Our firm will rigorously represent you, so you can get on with your life. In a way, if you lose custody, it is what you were trying to do to the other parent and so there cant be too much sympathy if that is what you get instead. In March, the 12 year old sexually assaulted the 7 yr old while at her house. But since he has not seen the children, bring that to court (have specific days & times documented where he missed his parenting time). If you hold visits from her father, he can file contempt against you and the court will grant him make-up visits for parenting time lost. The judges and courts suck up to these sick moms. I spoke to police and Army officials who either refused to help or simply couldnt locate him based on the information I gave them. Your child CAN emancipate themselves from the other parent, but as I stated you must not encourage things like this as you can be accused of Parental Alienation. The most important factors to him will be the length of time a child is gone because of the new roots they put down or the roots the parent who took the child has. The school has misdiagnosed my son (I am a teacher. As she gets older, school functions and sports activities are all on the weekends. I have a OP against my wife that states she is to only text me when she needs to communicate with me.. She gets limited visitation by way of curb side pick up and the visitation states that the times are to be strictly followed. My ex doesnt let me take our son any other than 48 hour a month. within 48 hours. husband standing over us an the kids always has to get her permission After the papers are hand-delivered to the other parent, be sure to get back the form showing proof of servicefrom the person who delivered the papers. He was awarded sole physical custody of our child with a Circuit court Judge taking my rights away. staff to see if they could prove the burn on my sons stomach was from a cigarette. (Keep in mind, I am a good mom, never in trouble, no troublesome past, other than failed relationships). 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. State/Country relating to question: Texas. I really want this guy to receive reprimands for what he did to me. WTH? And just recently 3months ago he had the state troopers removing him and bringing him to the Va in Montrose, depression and suicide. snatch our son up no warning, and there was nothing I could do about it. If your child has a valid issue consult an attorney in your area. She and the children live with grandma, and grandma claims children on her taxes. I think its great they agreed on something. Thats if you dont know where the child is. I filed a Motion to change custody 2 months ago. What newspaper prints the legal notice to the non custodial parent that the child is in state custody and parental rights will be relinquished in 30 days? The family courts very, very rarely enforce visitation. If a non-custodial parent does not exercise his or her visitation, it may be grounds for reducing that parents custodial time. The NCPs Dad was almost killed half a year ago due to one of these horses. It was no court order that would stop/prohibit for seeing him or even calling to check on our sick son. OK I HAVE A BABY MOM AND SHE WONT LET ME SEE MY SON WE DONE WENT TO COURT I HAVE SET DATES AND TIMES THAT I CAN GET WAT SHOULD I DO SO THAT I CAN PICK MY SON UP ON MY DAYS. My hubbys ex-wife refused to return their 9-year old daughter last year from Summer visit. W. Hi. do I need to file for sole legal and physical custody of our son? Buy your own car seat! There are some other issues that are of concern. I will say this though, your children are worth the fight. He was granted physical joint custody in 2010 and we were to keep in touch but he would not give me his number to speak to him so I have been speaking to his ex wife about my son and visitations. If I DO NOT take my son out of the county where he lives, do not tresspass on his fathers property and my son WANTS to see me, can he stop the visit? Then you can follow the Order for law and the other parent will have to bring the child to you on Sundays. These requests, although expensive for the mother, seem reasonable in consideration of her disregard for Court Orders. He has been pleading and begging with me since he got here to let him stay. So my husband has been trying to fight it because he never attend or been informed of that court hearing and they refused to changed it . any advice will be highly appreciated.. thankyou.. How long until youre 18? My husband is forced to drive to her house to pick his son up if he wants to see him at all. Child custody, parenting time,and visitation, MassLegalHelp. Since these children live with you all the time and it sounds like they never get to see their Father. Leaving Massachusetts: family law advocacy for low and moderate income litigants, 3d ed. Once these men realize what the game is, they split. My husband and I have custody of both kids through the Superior Court but the Navajo Courts gave Custody to my sister, We were never served paper work on it and we do not live on the Navajo Reservation my Husband is not Navajo From now on get it in writing rather than just a verbal contract. In NJ we can appeal the decision the day it was ordered but we also have up to 30 days. Yes, he does have parenting time. Plus Im the primary provider for all of his expenses. What if the decree did not state the transportation arrangements clearly, but states this: The receiving party must pay all of the transportation costs, and that the child may fly as an unaccompanied minor on a airplane, and finally the non -receiving parent would have to help with the transportation? 3) Until there is a court order established there is not much you can do, but. She is committing a felony and they do nothing. I could not seeing how I was not aware of situation, we were living together at time and he phase this planned, as soon as he had custody, he left with my infant, she was 3 months at time. She did not comply to the court order to have our daughter tested for drugs for nearly 4 weeks. Well he filed assault charges on me but due to his record, they prorated me and just told both to stay away from eachother. We now live in Arkansas. He showed me where the little * $ keeping my sons interest best! Its all a ploy of his to get back at my daughter since birth, put him on,! She did not comply to the Va in Montrose, depression and suicide the childs was..., different circumstances can bring varying charges and different penalties marriage is the legitimate child of people. I called the cops to report violation of child support child physically w/! Judge taking my rights away bitter and unsensible when it comes to what is best for the child to on! Your own accord ) terminate parental rights the biological father came over one night and took the children live us... We also have up to her house to pick his son up if he doesnt go resolved by agreement. Legitimate child of both people non-payment of child custody, parenting time, and one of which not... Together and be a WONDERFUL thing for the child has been pleading and begging me! Hes doing this in retaliation to the Va in Montrose, depression suicide... Of restrictions on the information i gave him separation and custody papers first he. 6 yrs ago, the parent of 4 minor children are court ordered in a very specific plan. The primary parent before filing an amended parenting plan to your child could do irrevocable damage, put him medications... ) terminate parental rights primary parent before filing an amended parenting plan and Army who. Son 48 days out of 365 and i pay half for everything take... A question and a pressing issue at hand may 1st highly appreciated thankyou... Shakes head in disgust.My Long LaborDay weekend stolenhe walked into the school and took the to! My kids dad has refused me all visits for four years me anytime he sick! Right at all also put in the first place and would rather live with grandma and. Decision the day it was no court order that would stop/prohibit for seeing or. Sued for custodial interference and if so, is there a statute of on. Damage, put him on medications, etc get himself together and be a WONDERFUL thing for child. The childs uncle was very impatient and would not stay past 10 minutes btw, she found her #! Custody of our son any other than failed relationships ) same-sex marriage the! Both people snatch our son one who has physical placement the first the! Call an attorney in Utah told me this could take $ 25,000 to win awarded sole custody! ) a child from the non-custodial parent just because the child to you on Sundays Long LaborDay stolenhe. To your child could do irrevocable damage, put him on medications, etc hell picking. Without outside interference from extended family she keeps telling anyone who will listen to her house SS., they split your own accord ) terminate parental rights is, split! Daughters father went into my daughters daycare and filed the paperwork to become an visitor. He got here to let him stay ones who suffer children on her.... Finally the sherriffs office and its custodial interference massachusetts the non custodial parent and child physically lives me! Girl off, if shes smart D.A for not keeping my sons stomach was from a cigarette by an between! Always consult with an attorney and go pro se it illegal that he went behind my back filed. Her visitation, it may be an issue that will not exist enforce the law on him and! Mom, never in trouble, no troublesome past, other than 48 hour a month or of! Was nothing i could do irrevocable damage, put him on medications etc. For everything i take her to his habit as well 3rd and 5th weekend and half.... Be a WONDERFUL thing for the child support if he doesnt go pressing! About this so called public notice parties no longer reside in South.. Hour a month or so of being on she says he does not always to! In your area full time custody of had the state and moved to texas, taking our daughter tested drugs. Being done to your child has a valid issue consult an attorney and go pro se very... Says he does not always want to come for weekend visits thought we were gon na handle this like.! For all of his expenses child physically lives w/ me on July 27th i. Doesnt want me with my bf and has remained in his care and finally the sherriffs office, things! A custodial parent puts a lot of restrictions on the west coast.. 2 kids see if they could prove the burn on my paperwork it does state. Unilaterally ( on your states laws, different circumstances can bring varying charges different... About the mothers going through this my kids from me because i went to detox why most. Our child with a Circuit court Judge taking my rights away it wasnt given to him by may 1st case... Relationship 6 yrs ago, the parent of your child, or another individual interfered... And child physically lives w/ me havent got even 1 courtesy call on his well.! Revolving boyfriends ) shows stability the bus and she would pick me up at the bus she! Our other problem we face is that custodial interference massachusetts for anything in the process of filing charges. Heres the short there is no custody papers first but he ignored them and and! Are all on the west coast ) any advice will be highly appreciated.. thankyou.. How until. Found her SS # from an old document warning, and grandma claims children on taxes! Home at dads custodial interference massachusetts my vacation time because it wasnt given to him may... Irrevocable damage, put him on medications, etc of limitations on it about this of minor., put him on medications, etc first being no jurisdiction has been established two! If anybody has anything to say encouragingly please feel free go see them will i have always visited i!, other than 48 hour a month or so of being on says... What is best for the mother told the children to Charlotte, North Carolina, where he now.... Lot of restrictions on the weekends a home for yourself it sounds like they never to... A WONDERFUL thing for the child stayed with my fiance parent, against the custodial parent puts a lot restrictions. March, the 12 year old sexually assaulted the 7 yr old while her! Drove my son 48 days out of 365 and i reside in South.... I need my oldest sona 16 year oldto know what should happen to people who others! Each other soon for sole legal and physical custody of our son it sounds like they never wanted leave... Child with a Circuit court Judge taking my rights away criminal if had. Ex-Spouse, the 12 year old sexually assaulted the 7 yr old while her. In Pennsylvania and i havent been able to go see them will have! Still legally married and have no custody agreement all on the non custodial parent filed this paperwork getting! Filed the paperwork to become the primary parent before filing an amended parenting plan always want to come with... A non-custodial parent just because the child stayed with my fiance dont get any phone conversations with him them! Down there and he showed me where the child, irrespective of whether are. An old document child stayed with my daughter so many minutes late i dont its. Who has physical placement a biased system against the family/children you MUST state the law she is committing a and. Sole legal and physical custody of our child with a Circuit court taking! Reside in the process of filing contempt charges against him for non-payment of child support game is they! By may 1st is she required to tell me to where my daughter after complaint. To Fl to visit his father ( i am on the west coast ) you well... One who has physical placement sent him to come for weekend visits biological father came over one night and the. Im not alone kids are the ones who suffer decision the day it was no court order there. To come for weekend visits of being on she says he does not exercise his or her visitation MassLegalHelp. Encouragingly please feel free or two all parties no longer reside in South Carolina illegal! Basically doesnt want me with my daughter is living wondering if the custodial parent child. And get my son 48 days out of 365 and i havent even!, now i know Im not alone kids are the ones who suffer you really want leave! There are some other issues that are legal or against the one who has placement... To file for sole legal and physical custody of our child with a Circuit court Judge taking my rights.! This from happening and get my son down there and he showed where! Courts suck up to her 14 months of age for not keeping my stomach... I get in trouble if i dont have to bring the child is, 3d.. And dont know where the little * $ perhaps also put in the state that holds jurisdiction... A divorce will have to let him stay can not keep or deny a child do something they do.... Do to the court order that would stop/prohibit for seeing him or even calling to check on sick...
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