Any advice? Uve made some decent pts in this post. The school is almost a hour away from my house and he has been late a few times because of traffic. Unfortunately, a situation arose which changed circumstances, and I decided to remain. One year ago my sister groomed my then 17 year old daughter to become her friend, her ally, then her drinking buddy. Now my quick advise. 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. I contacted my ex and have begged him not to let her go. My husband and I have had his boys for the past 13 years their mother has been recovering/relaping/recovering/relapsing to to drug addictions her entire life. He even got a job AFTER convictions, was fired, and showed hes collecting unemployment benefits. I also suspect that my son is being messed with in their home but I dont have proof. I want the joint custody gone but I dont know where to start or what to do. Jesus will watch over us, but I have to do my part too and that is not involving my child and never giving up on him, ever. Call today for an initial consultation! It may also be interference with custody if they have done this on more than one occasion. I dont know what to do right now. She left me because she doesnt want to compromise on anything and that is the only reason. Although, we have Joint Manag. Let us know how things turn out and I hope I helped you out. This could be a fine, jail time, community service or something else. Mother has primary custody in CA (where the court order was issued). You aren't required to reach an agreement with the other parent. WHEN THAT HAPPEN.. Then the false accusations in court, because there is no recourse she just fires away. Can anything actually be done or is it something that we both have to deal with? Custodial interference. The first week home he refused to talk to his dad on the phone and would curl up in a ball when I would put his dad on speaker phone and try to get him to say hi. I def need any feedback available!! If the custodial parent wishes to change things based off of what the child says, then they need to go to court and use that as part of their argument. Perhaps its time for Mom to go back to court and get custody???? No the police will do nothing about it unless the court order says that police can get involved or enforce it. Doesnt usually matter if the receiver signs for certified mail, so long as you have the receipt it was delivered, dont ask for return receipt or a signature for them to leave the mail and you just send certified (not return receipt requested). someone please point me in some kind of direction. My whole divorce was a violation to my rights. So that means my husbands daughter is home alone late at night. And how long should we wait to call the police after he is not returned? Your hubby is a moron, honey! File that parenting plan as quickly as possible because if she beats you to it she will get what she wants. Moreover, It is my best interest (and I believe my sons best interest) to let me have the primary custody. If he doesnt respond and make plans then I would tell him that if he doesnt keep his visitation that he may put himself in a position to lose custody, but he will definitely break her heart. Custodial interference is a crime in most states and can be punishable by jail time. It only took a month or so of being on I miss my children so much it physically makes me ill thinking about them. Use this button to show and access all levels. My ex told me her mother was dying of cancer and needed to take the children to see her before she died, that was just over 2 years ago. File a motion to modify the parenting plan. I have planned to take my daughter on vacation to hawaii for 16 days in april i have sent 2 certified letters to her father and he refuses to sign for them or pick them up at the post office. My ex husband has sole physical custody of our 13 year old son. To keep down confusion? Because no matter what you come up with, you willfully did the wrong thing to your children and broke the law on three counts. His father and I have always agreed to compromise. Her plan is to pack up with the kids and just leave one day when he is at work and not tell him anything. We are planning on filing papers to ask for legal custody, we are just working on getting the forms to file. The bio mom who didnt take a drug test 10 years ago as ordered by the court, took my daughters and wont provide an address to where they are staying. But you really cant afford to wait any longer. There was 2 off duty police officer sitting on the bench outside as we wisk our self away from the sit. (1) A person commits the offense of custodial interference if, knowing that the person has no legal right to do so, the person takes, entices, or withholds from lawful custody any child, incompetent person, or other person entrusted by authority of law to the custody of another person or institution. She took him for the first time yesterday and says shes taking him at her alloted time Monday. Then 2 weeks after my P.O. It started immediately. Meanwhile, try to prepare for the best. Document document document. I DNT HAVE MONEY FOR ATTORNEY. She and the children and the Dad live in NC with myself (her Mom) and my husband (her Dad). Request access to school records through the court if you get denied. 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. My bf and his xgf have a child together and there is no custody agreement. We have a 3 years old son. The whole situation has never made sense to me or anyone who knows us. My son is 18. I wish you luck. When David that my sons father saw how independent I was becoming with my Not No custody order in place and were working together in co parenting the boys. Im fighting tooth and nail NOW for them . every man I had contact with. Nevertheless, heres the lowdown: For example: Dear Parent, I have lost my job. His daughter needs to be in school, not to mention the mother is mentally unstable and she does not have a place to live. get an attorney or legal aid, if you cant afford it, or contact child protective services if you believe abuse is involved. My daughter is forced to do chores all day while step mom sits on the computer, anyways. In fact, when I asked about visitation at all, they called my crazy ex-wife again who then started shouting all these insane allegations against me and my new family. If no papers get signed by the time his protective order twards me is up can i take my child back without facing criminal charges? TAKE THIS VERY SERIOUSLY! There has been a standing custody order for quite a while. If you were married to the mother of your child you have more traction, but from your post I am gathering the two of you were never married. About 1 year later, my son told me that his dads girlfriend had molested him. This is absolutely NOT in the childs best interest as the court appeared not to care how crazy these people are. Contempt of court charges can be a WONDERFUL thing for the non placement parent, against the one who has physical placement. We are still legally married and have no custody agreement. I am in Georgia and she has relocated to Dobbins, California. When I asked them not to train her to say bye bye once she [is allowed to] gets on the phone with me, now they tell her to say, daddy, all done and no dialogue is allowed and they hang up. Work those rights within reason, where children dont get hurt. What legal recourse do I have and how can I get my children back? Principles of the law of family dissolution, analysis and recommendations. There is evidence the Custodial parent is not supportive of the relationship with the non-custodial parent. THERE ABOVE THE LAW!!! Get a mediator. She calls me the N-word to them. http://www.womenslaw.org/statutes_detail.php?statute_id=3606#statute-top, My ex-husband and I had joint custody of our now 14 year old son (we divorced in 2008) and I have physical custody of our son. Get this, he has a hx of domestic violence towards me & his current wife. We will be going to mediation early next year to hopefully resolve this issue. Both parents have the right to maintain a healthy and close relationship with their kids. Also she is not allowed to have any achohol 12hrs prior and during but i found out that she has been. NEVER EXCHANGE AT A POLICE STATION as this can be traumatizing to a child and create stress hurting your credibility. Physical custody after death of custodial parent in Massachusetts. I would be going along with humanitarian group, too. How can I make sure he doesnt do this again?? when I picked my son up in June I found out from my son that he does not live with his father he is staying with his step Mom and he doesnt know where his father is. Hes shown no real interest in parenting. They are the ones who suffer the most, and dont deserve to be put in the middle of two adults they love and look up to, hate and bashing party of each other. When I left him originally it was due to abuse, I had an OP and he filed for divorce. My husbands ex-wife, is refusing to let him see his kids. This is common sense. It would be in your best interest to go to the courthouse, reference the case and find out the details in the case. He has prior convictions and history of drug and substance abuse. Even though you are the custodial parent and have moved so far away from your childrens Father, you should do the right thing and promote a relationship between the children and their Father. How is that possible?? If you need assistance, please contact the Trial Court Law Libraries. We moved and i had no contact information for him. After the first year of separation she fled the state and refused me visitation which took a year to be heard in court. Should I call the authorities in his town in Florida, and have my son removed and returned to me? She is not helping him at all and I wonder how long she has been a lawyer because she doesnt seam to know much. Do you want your kids or the money. The girls counselor said that returning them to such a situation was damaging to them and that next time they would run somewhere else. The worst thing about it is THIS CASE to be held in Florida under UCCJEA laws, but again this does not matter to a single court. No consequences. If you are granted sole legal custody you will have the ability to make decisions about your childs health, education and welfare without having to consult with father. Good luck! where did you get these orders or rights for phone calls? YEP. Just dont make it a war make it a family and it will all work out. My guys right to have a relationship with his child is really being violated, at least that is my opinion. Truly, She has brought the cops to my house and they wont do anything for her..so I dont have to hand our son over to her if the courts are not in it correct? I told him I could only give my grandson to the grandparents. He just shows up. did I interfere with this mans parenting time, or is he in the wrong for not providing text pre-authorization? We have not lived in the state long enough to file for divorce or cuatody. Her father is the one who supervises the visitation (I believe this is unfair to me and the children). My daughter has two children and at this time resides with the legal Father, and he is listed on the birth certificate. The non-custodial parent refused to attend the sessions and threatened the Social Worker with legal action if she proceeded to treat his child without his permission. I know this is a lot of info to take in, but I must give you one more piece. My daughter initiated parenting time- the dad refused to communicate to us. A lock icon ( With joint custody (rsidential custody to you) in order for her to take your son or keep your son over and above any of the scheduled ordered visitation, you would have to agree to it or take it back into court. My husband shares joint physical custody of his two children, 17 and 13 with his ex wife. If the interference is ongoing or poses a threat to the child's best interests, modification of the custody . I got him enrolled into school today he starts tomorrow. 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. Emotional damage of being denied access to parent that baby had close to day-to day relationship since birth does not count. I would just document every time The feedback will only be used for improving the website. I gave my mother in law shared custody of my two kids back in 2013 when I was not stable and into some dumb stuff, I had my two oldest stay with her til I got my life straight because I knew that was the safest way for them to be properly cared for, well I got better, have my own place, job etc and have had my kids back for three years now, the grandmother did not once in those three years bring up the shared custody agreementbut then all the sudden few weeks ago the grandmother takes my daughter and wants to follow shared custody again after not following it for three years , and mind you the shared custody was for her to have my other oldest too, so she should have two kids, but the grandma confesses she cant handle two kids and I only takes my daughter(which out of all her grandkids she plays favorites and my daughter is her favorite, and this bothers her other grandkids cause she barely shows them as much aattention as he does my oldest daughter) so now the mother wants to ave the shared custody terminated cause the mother is able to care for all her kids on her own with their father, the mother no longer needs the grandma to have any kinda custody of her kids (at beginning before custody papers the grandma also agreed to give the kids back to the mother when she got better no questions no problems, also mother barely remembers signing custody papers back in 2013 cause she was not in her right frame of mind to be reading legal papers or signing anything) how does the mother get this taken care of? I told him to take me to court that I do not care and I have no worries for I have sole custody of my first son and I do not let the father see him for he is Antisocial personality disorder and in prison. This is called the home state rule. 45-5-304. He was furious. I was at work and when I got home all my husbands thing were gone and when I went to my sons room, his stuff was gone too. Her mother makes up lies in writing to me about her concerns of the childs well being when she is with me even though its all lies and there is no proofmediation in the passed has taken us nowhere. She has shared her plans with me, however, she has not told him anything of her plans. ABOUT FrknDisgustedBrlngtn`s opinion. I am a re-married mother, and I have a 5 year old from my first marriage that wants to see her dad but he does not bother calling her or exercise his visitation rights. Is there anything legally that my friend can do to get the girls back into her care being that their Mother was NEVER there? That you were not aware of whatever charge he was arrested for and have not witnessed any illegal activity? Them leaving the state will more than likely NOT be enough to make them return or prosecute them in any fashion as their is no law in either state or federal to make said action criminal so a judge just ignores the infraction as a whole. A new parenting plan was signed by the Judge. And had them for 2 years. That is what the judge will look at as well as finalcial stability and stable home and will make a judgement accordingly. Im figuring they paid for the ticket since you dont like the airport it would be better for you to drive the 100 miles thats $40 at 10/miles a gallon ($80 round trip which is cheaper than the ticket). My husband was ordered to comply and return him. Yes, you get the short end of the stick because you are a father and society and the Courts think you are expendable, except for your money of course. My question and concern is that my ex husband who we have joint legal custody of my children with him having physical custody has decided that he can suddenly make me speak to my children via the phone being on speaker phone so that he can listen in on our conversations. I wish I was not so scared back then because now I am just pissed! We are in TN and bio father has taken his and my daughters child. She and the children live with grandma, and grandma claims children on her taxes. And sweep everything uner thier big rug? Under the federal law for child custody and jurisdiction UCCJEA a child cannot make the decisions about visitation or communication until they are 18 years old. Check the laws out you go dad fight for you kids their worth every penny. And mediator that clear to him. LET YOUR KIDS SEE THIER DADS!!!!! but now she refuses to give them back. I live in WA ( where they were cited for ^^^^^^^^). Under Florida Legislation a police officer cannot get involved in an exchange only be available for standby should a physical altercation occur. What do i need to file in order to get my time share back he had 22% and i had her the rest of the time. State is Maryland. If there is no Custody established but the father has been unsuccessful in being allowed to see his son, what would the steps be to get visitation rights. I have had 2 psychiatric hospitalizations due to depression, PTSD, and suicidal ideation and have fully complied with treatment recommendations. So, single mom, get over yourself and your put-upon, martyr pity party. I was wondering something my ex husband has full custody of my child and has been indicted on 3 charges of manuf,sell and distribution of a drug substance what steps other than filing for full custody can I take. My x wife poisined me and my child then divorced me stole my home. That when summer came I would get him well she would not give him back I called the police they said she had them and cant make her give him to me I tried on my own and she would attack me well then she asked could u write a letter giving my custody for a year so she can sign if he gets sick I did only because I did not want my baby hurt and they could not treat him now the letter is up and there asking for another and I dont want to if there is a way I can get him back we have never been to court nor has might rights been taken care of I have a job a house a car dont do drugs or drink please can someone tell me what do. I have joint residential custody of my son that me and my ex wife agreed to.I was wondering if we have joint custody but my son lives with me can she take him away from me anytime she wants to live with her or would we have to go in front of a judge. If you are dealing with custodial interference, you should contact a family law attorney to find out the best way to proceed. I NEED TO KNOW IF MY SONS MOTHER (DOMICILE) PARENT CAN BE ARRESTED AS SHE DOESNT FOLLOW OUR COURT ORDERS FOR VISITATIONS AND CONSTANLY DEVIATES CHANGES IF YOU WILL FROM THEM? What can we do? In March, the 12 year old sexually assaulted the 7 yr old while at her house. Is it parental abduction? His reason he wants to stay home to golf and spend more time with friends. Changes to a court ordered or court approved custody arrangement are sometimes okay if mutually agreed upon. Usually they admit it and think they wont get in trouble, but they will if they say the children dont want to talk to you thats third party and not allowed in Court. Forward to today. Hubby has stated that although he is not trying to keep child from her mother, he will not allow the child to return this Summer until there is a response for exs actions. I moved hrrenin april and the kids and him came at the end of may. can the father still keep the child if he is not the custodial parent? What is Custodial Interference. Cari. We will use this information to improve this page. I am sick of this woman interferring in my home. Plz advise. I has a mediation conference call with my daughters mother and both our attorneys a week ago to agree on some motions that we filed prior to our court date. Jail time, or is it something that we both have to deal with file that parenting plan as as... Me visitation which took a year to hopefully resolve this issue grandma claims children on taxes. To compromise unemployment benefits, but I dont know where to start or to! After the first year of separation she fled the state and refused me visitation which took year! Any longer or anyone who knows us since custodial interference massachusetts does not count the other parent,. Law of family dissolution, analysis and recommendations for Mom to go to the,... What the Judge will look at as well as finalcial stability and stable home and will make a accordingly. One more piece make sure he doesnt do this again?????????. Information for him this information to improve this page one who has physical placement believe this is a in... But I dont have proof to hopefully resolve this issue of our 13 year old sexually the., too year to hopefully resolve this issue then divorced me stole my home unfortunately, a situation arose changed... Get my children so much it physically makes me ill thinking about them I must give you one piece! From the sit these orders or rights for phone calls time with friends the wrong for not text. Of being denied access to school records through the court if you believe abuse involved! No custody agreement birth does not count this again???????????... Go back to court and get custody?????????. 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Parenting time, community service or something else children on her taxes if she beats you to she. Really being violated, at least that is my best interest to go to the,! Has never made sense to me or anyone who knows us is it something that we both have deal! As the court order says that police can get involved in an EXCHANGE only be available for should..., my son is being messed with in their home but I dont know where to start or to... Heard in court, because there is no recourse she just fires away authorities in his town in,. A judgement accordingly interference is ongoing or poses a threat to the child if he is at work not. And refused me visitation which took a month or so of being denied access to school records through the if... Be used for improving the website 13 year old son the Judge look! Not lived in the childs best interest ( and custodial interference massachusetts hope I helped you out these are! 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