Can the Father file for any type of emergency order stating she cannot take his children out of state without his knowledge? She refuses to let me have contact with my daughter and at this Time I have no paternal writes due to we where not married and i was incarcerated during my daughters birth. I have our daughter. Do I have a case? CAN I file a motion to enforce that order and request that I have primary physical custody of my children here in KY?. (She is now 2). The person that has custody of a child has the right to accomplish many tasks, has certain responsibilities and has the power to engage in various activities. You may wish to consult with a local family law attorney or at least check the rules in your county for the specific filing procedure. Being nervous and not familiar with legal proceedings and laws, I didnt do a very good job of course. Utah law states, A person who is entitled to custody of a child is guilty of custodial interference if, during a period of time when another person is entitled to visitation of the child, the person takes, entices, conceals, detains, or withholds the child from the person entitled to visitation of the child, with the intent to interfere with the visitation of the child.. Also, just call him. I have been informed that this can be considered dissolved immediately upon my request for the return of my child. I have since filed paperwork to establish a custody/visitation motion in Maricopa County, AZ. As I said your best bet is to try to work it out with your ex and if that is not possible then court is your alternative. Now 2 years later she has refused to abide to the visitation being in contempt, falsely accused me of domestic violence (mind you I havent seen her in 2 years or talked to her in one), have seen my kids only 4 times since she took them and she has asked a judge in Illinois to eliminate all visitation and communication (which they did not have the right to hear as they did not have jurisdiction) and so graciously gave her everything she wanted without cause. We got a home on land contract and paid on https://t.co/VRmQOB70Cj, DerekJR321 said: I also had my attorney file an emergency petition to return my kids. I almost feel your heart beating in mine But, no. That is not what the order states. When I asked him where he had moved to he would not reply. Any help you could pass along would be appreciated. Chapter 61-65. The police in TWO jurisdictions wouldnt help, they said its a family court matter now. well I had nothing to do, so I just sat and waited at a park and ride. Child support is paid to her, visitation is regularly denied, police reports have been filed. In this instance, the court may order parenting time for the de facto parent. Best of luck! I intend to petition the court on this matter, and maybe even contact local law enforcement to give them a heads up on whats going on. He went back home and refused to bring her back. You may be asked to meet with a trained court staff person who will try to help you and the other parent come to an agreement. It may also be interference with custody if they have done this on more than one occasion. Custodial parents have the majority of the time with the child anyway, so why is it that the custodial parents are bitter and vindictive towards the non-custodial parent and seem to always make it as difficult as possible for the non-custodial parent to spend time with the child? Far worse it will stir her up where she may trump up charges of domestic violence or child abuse so be aware. she has reflux because her father and i both have issues with and the doctor knows this ans stated thats why she does it has nothin to do with ME!!!! ex husband or lover urgently? I informed her early in the morning east coast time that I wasnt bringing him today. They dont want to live with me. It has not even been 2 weeks and my 16 y/o says he wants to stay there. The Custodial parent has offered a Cruise for Spring Break to the child without discussing with noncustodial parent. They WILL not let him have the phone I pay for and REFUSE to answer my calls to speak to him. Wowsounds like youre tired of paying his child support for him..huntyjust remember that the things men do to their exs is sometimes doomed to be repeated on you.if he has a type then that means you are it and so is she.be more constructive and stop tearing the other woman down because she gets your husbands attention.just be quiet it has nothing to do with youaccept that and you will be better off because in the end it will wind up being what he tells you himself.dig?dont take on his battles if it doesnt require.. Take her ass to mediation. If you have an order that is signed by a judge that is the only thing both parties are bound to. he has taken her from me not to have to pay me. He recently changed it to after work if she was in daycare. Since this has not worked she has twice told the courts I have abused my kids because I came to see them as laid out in the court order. Now, its as though she does not want to be around me! They still wont let me see my daughter that I raised since birth for three years its been 10 months now the judge has done I believe three hearings its almost like nobody cares if they would read it its plain as day it starts with Jeffrey Cason and Sherri Moore a 3yr old and a newborn into a case history of Jeffery Casanova his wife and a 1,3,&6 yr. old then in the back it goes to conclusions of me again Hopefully, he will get himself together and be a good father. It hurts terribly that I cant see him more often, but try to teach him values of love and understanding when I do get him. I have him 5 days a week and he has him 2 but still demands me pay child support If i mention dropping child support and working our schedules like adults he gets mad and tries punishing me saying he will take my son back and go by the papers.. So sunday was the 2nd supervisied visit and he is to give her medication for bad reflux and both visits he hasnt done it and i have reminded him both visists of it! The judge didnt care and didnt listen or take anything logical into consideration. she lives with her dad she sleeps on a couch my daughter has no room of her own or a bed to sleep in the mother has no transportation or income. I have taken my ex to court 2 times within the 3 three years. My 14 year old granddaughter who has been living with her dad totally for the last 19 months has been ordered by a judge to visit her Mom every other weekend. SHES REALLY ALIENATING HIM FROM ME AS WELL? I just wish there was something i could do. 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. My ex lives off and on with her grandmother who has been diagnosed with cancer and is in no shape to care for a 4 year old little girl. From the abundance of the heart, the mouth speaks go back and read your own words. He says he will see them and wont, has no vehicle, lives with the child molester who is bipolar and has another friend who is bipolar and I copied her blogs to show her mental illness is not in control. He did this in the past with his current wife. 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. Do not include the child on the OP if there has been no violence towards the child though.. that will just look like your abusing the system.. best thing though is to get a lawyer at this point. My mother, since she doesnt see her grand kids as much (maybe once a year), agreed to have them for a few hours and they had a great time. Dcf has now informed me that they will not be giving me a kinship custody because of my son who doesnt Louie got arrested at my home. You should consult with the child protective services in agency in Washington. Try to defuse issues rather than assume there may be an issue that will not exist. Law,police,court orders,judges, DA-they all are full of shit. Aloha! Work fast, send certified letters, leave messages, record them, send texts, etc. YOU obviously dont and that is not going to make you look like a good mother in Court. She has physical custody, we both have shared legal. Document document document. Why ? We had moved from California in December and since the move his ex has broken the order several times. Lots of mothers that do not look out for the better interest for the child often say well they need their mother. do you mean to tell me a redneck can buffer all these people? Especially when they are the ones who set up the days and the location plus the time that for these visits. Regardless your best hope is to hire an attorney to keep her in line and get a court order. Now I bring this up to tell you it may get worse. Resources for parents who are separated, divorced, or never married each other (not specific to Massachusetts). In Connecticut, a person commits custodial interference in the second degree by (1) taking or enticing a child who is a relative and under age 16 from his or her lawful custodian with intent to hold the child permanently or for a protracted period when the . Heard nothing which was very strange boys dont like going usually get called to come get someone early. Regardless of the child's age, the court will only consider the child's opinion along with all other factors. My husbands ex wife goes out with her current husband to bars and leaves the 13 year old daughter home alone. 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. It has been 9 days now. (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 . They told me to go and wait until he was transported to the jail and then I could get him out. MGL c.208, 28 Care, custody and maintenanceMGL c.208, 28A Temporary careMGL c.208, 29Minor children, foreign divorcesMGL c.208, 30Removal of child from stateMGL c.208, 31Shared custodyMGL c.208, 31AConsideration of abuseMGL c.208, 32Bringing child before courtMGL c.209, 38Visitation and custody orders; consideration of abuse toward parent or child; best interest of childMGL c.209BUniform Child Custody Jurisdiction ActMGL c.209C, 10Award of custody; criteria. 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. You should inform the court about the domestic violence and emotional abuse. Does this in any way constitute a forfeiture of custody or void the physical custody? I am concerned for our childrens safety. For the 1st time since I was 15 I was sober and functioning! My ex didnt let my younger daughter see how mean he was to me, so she probably believes I lied. If your job is so hard, then give it to the dad as someone else said. Dont like them, dont talk to them. EQUALITY is not pot luck, accept all it or receive none of it. My 9 yr,. He probably scared that girl off, if shes smart. When the children visit the father, there are never any issues, the kids have fun and are better taken care of then with the mother. My ex-wife has Primary custody. In other words, when a non-custodial parent does not return his or her child to the custodial parent from a scheduled visitation, or when the custodial parent refuses to allow visitation with the non-custodial parent in violation of the courts order. What exactly is joint custody? i have offered him to come see her and he refuses everytime. I have no other options but to leave and move in with my sister and her family. I have seen my daughter 2 times and she is only 3 years old. Standards for Category F guardian ad litem investigators, Executive Office of the Trial Court, January 2005. He kicked the 17 yr old out when he was 15 and never told me. And now they have served me papers and charing me with Custodical Interference. What are my sons rights in this situation? Nolo's essential guide to child custody & support by Emily Doskow, Nolo, 2021. 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. i cant stand being away from her like this. He is also a convicted rapist. What happens if the court ordered visitation conflicts with school hours? Perhaps its time for Mom to go back to court and get custody???? When we got along prior to her moving again in 2007 I was always to be refered to as a friend when she would bring him to visit even though she told him who his brothers were. When i was awarded 2 weeks with my child she reported her mom for sexual abuse, i took my kid to the police station then child services took my child its been 4 years they wont allow me contact with my child and they want to take away my parental rights. My cousin is still out of the country with the child and never returned back to Arizona because of those malicious charges. He was furious. He filed for custody and took the baby, against the mothers wishes, to the next county to his mothers house. 4 years ago I was divorced and immediately served with an order of protection spent my daughters birthday in jail because I called her mom to ask to meet an hour later than previous scheduled and before I new it probation and classes when the only violence Ive ever exerted was at 12 yrs involving a BB gun and a bird that still bothers me, my ex had every court tactic you can think of and my court min are the longest in the state of Arizona anyone has ever seen and after pumiling me to a severe depression she then tried to terminate my parental rights all together. As things went within court her attorney and she ram-rodded a court order claiming shared parenting with regards to her taking care of the day to day matters and restricting me to only 3 days of visitation per month at 8 hours per day. So we filed papers to modify parent child relationship. In the paperwork attach a copy of the plce report and request immediate temporary custody. 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 . They can also leave their home and Law Enforcement can not force them home, simply check their welfare. That time, he called CPS & told them that my daughter was always dropping my grandaughter off in dirty diapers & she had a horrible diaper rash. What have we done wrong? And a half years I now have my beautiful little girl and Im the most proud father in the world and on her 1 st day in her new school of 1 st grade it wasnt her the cried as she told me its ok daddy and ill tell you yes there is 100 thousand mostly funned by family and that sucks because even now I want my daughter to have contact with her mom because thats her mommy ofcourse not right now and yes I have anger but I know thats nothing to due with my daughters right to know her mother but I can definetely say this as a fatherless child myself there is no dollar amount you can ever put on missing your kid grow up so to the dad who is giving up you will live to regret it and if your conscience lets you do that then you probably wouldnt have been a good dad anyway but for a dad who and my story is way more crazy then I had the breathe to put down here but Ive never met anyone thats been closer to death several times and though unfounded her mother had hired a hit on me and thankful he was arrested before he got to me and I kept on believing and willing to fight and kick and tell everyone I could and I made it and I tell you as my tears start to roll as I say this it was worth any pain or heartbreak or blah blah but right now Im the happiest Ive ever been and I will never stop being my daughters daddy and to you other dads dont give up on your baby because love and I say LOVE will win in the end. They cant do that without express order of the NJ State court. I wasnt aware enforcing court orders was a nuisance to the police and I an pretty pissed that 3 officers have threatened ME with jail when i havent committed a crime, why not threaten the POS who causes these reports in the first place?? The ex has said there is no way he will allow me to trake her to China as he feels it unsafe he said the same thing about her going with her French club on a planned trip to France. He filed a motion to find her in contempt, but the motion was denied stating that in his divorce decree it states that no motions can be heard in family court without first going through conciliation. Can I keep my kids for fear of safety? 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. Well, Last year he had he first week of break with the agreement we just switch off. My daugthers friend skipped school and was with my daugther and another friend. If they dont help you, call the FBI and report a kidnapping, because when an Order says the child is to be there and they are not it is considered kidnapping!! My husband has contacted the police departments in her town as well as ours, both have stated that they can do nothing until we get the court paperwork from the judge that she is in contempt of court. Someone please help. So last 11 years has not tried to seek any vistation til we went to court May, June, July; cause he always try to drag it out and I got more money and later got his income tax check. YES YOU WOULD.In the judges eyes it would be mean to both the mother and the child to do that. I have emailed my ex-wife 4 times asking if she would allow our daughter to spend her Spring Break with me although its not my planned visitation this year. Can i be criminally charged if i have a job amd have no time to drop off my childs glasses? i was wondering if i had any sort of visiting rights as a sibling to see my brother who was taken away by the state in 2005? Neither of which has even told us what to do. If the parent with the child has left the state of jurisdiction how long have they been gone? Check your state code. What court has jurisdiction? She is threatening to take legal action if I do not return her, my daughter who is soon to be 15 wishes to remain with me. childhood not bad not greatbut while reading my story aloud I was choking To answer your question fairly more information must be gathered. I would do a search under state statutes or code, during my search at your expense you can request that the criminal background check be done on any adult living in his home and this can be included in the case for custody because you are concerned with the safety of your child. this man a chance and i ordered a LOVE SPELL. Ironically all of this is occurring during my every months visitation. Can I file charges on him for non custodial interference? You will need to weigh out which state you would have the as stance in and file there. one has nothing to do with the other. The mother is on welfare and is now suing the father for full custody and child support. What is in your childs best interest? I was wondering that if my Ex and I have Joint Legal Custody if she can change daycare without me knowing and then tell me afterwards and is this vialating my custody rights? The school has misdiagnosed my son (I am a teacher. That even though it was inappropriate, it was not illegal, you have to be freaking kidding me. My ex~ husband did not take a court ordered hair follical drug test, but yet he was still allowed to have visitation, even though his live in girlfriend got nailed with having a needle and a spoon, but since on the court records it has a different address than his, there was noting I could do, unless I was able to prove that she is living with him.Then, I got wind that he attempted to steal an air conditioner (yes, you read that right lol) from Wal mart, and then the very next day he went back to try to steal ten DVDS.Still I couldnt do anything legallyI got sick of thisI played by the courts gameI did everything I was told to do, and his contempt for Not taking the drug test was going unpunishedso I refused to let our son go. But, this is the way he has been treated the whole time. Even when he is violent, abuses drugs or alcohol, doesnt work, engages in illegal activity, etc? Hed begged me many times before and I was so fed up that I didnt take him back. And Im sober now so thats a huge plus!!!!! My ex is intimedating me with my son,he is not going by the court order of visitation,he is threating me with drug tests,which I can pass and he is doing drugs himself.He carries a gun and Im affraid for my son and myself. Research. Take it all with you to court showing you have evidence that you are not able to see your child because of the other parent. If the parents aren't married, the father must first establishpaternitybefore seeking custody of his child. Please, someone offer some help! I would drive there 2 weekends a month to spend time with him. Take her social security number off of here!!!!!! what can i ask the judge to at our return hearing. If you need assistance, please contact the Trial Court Law Libraries. It would seem to me, but Im not a lawyer, that he has to be with that supervisor or else it isnt supervised?? I want to get her back what do i do. Im not a lawyer or a psychologist, but I have volunteered with battered women for 20 years. Peace be with you. In Massachusetts, to press the charges on a defendant as custodial interference by a relative, prosecution needs to prove a total of five things. Dont let them scare you off with threats, you already gave him up for adoption, dont give up on him in any other way if at all possible. Your sons needs and desires are what should be important to you both biological and adopted. Yes I have a question my ex girl friend has custody of my 4 yeyar old daughter at this time I do not a have any parental rights due to when my daughter was born we were separated and i was incarcerated. We have since moved to WV. We have not lived in the state long enough to file for divorce or cuatody. Legal Aid in Alabama is a huge joke. I am the mother of the boys. I havent heard from his mother in 3 years. I (mom) have custody of my daughterher dad has visitation on the 1st, 3rd, 5th weekends. 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