I share joint custody of my 2 kids. Is this considered to be Custodial Interference? She needs to get out of that house! The judge will ask you both some questions about your complaint and motions. Finally one day she told me she was being kicked out due to accusations of drug use/sales. My husbands ex is custodial parent of my two step sons. So Randy fired her and got a court appointed attorney. They have shared custody. I had my son since he was 3 months old until he was 10 months old only because i was gone away with the service(army) his mom was suppose to have him while i was gone but she didnt have him he was passed from her home to his grand mothers house then to my aunts house out of the nine months i was away my aunt and her mom had him for combined time of about 7 and a half months. Other states like Illinois with give your a half hour of free legal counsel. Perhaps we can meet half-way or you can help with the gas. COVID-19 Update: How We Are Serving and Protecting Our Clients. Due to the only phone in the house being his cell phone, (she had a phone but he got rid of it to save money) the only way for me to even talk to her is to call his phone on the weekend, and request him to hand his phone to her. Would the custodial interference still apply since it is a temporary order? befdkba interesting befdkba site! the state took this young man away from his mother. Be kind regardless if he is our not. AND GO GET THE KID. Have funI love you and well see each other soon. The calls are somewhere b/t 20-60seconds (including dialing/ringing time). Being a great divorced father : real-life advice from a dad who's been there, Building a parenting agreement that works: child custody agreements step by step. However, the reason she gave for not taking him was her cancer treatments and she had the flu. I have our daughter. So sorry for your loss and now the loss of the twins in a way, too. Now with that said judges love to dance around the issue and most of the time avoid the situation. Did he do anything about it? I am in fear for my childs well-being and I dont know what I can do. Indirect interference: Disrupting communications between the child and the other parent, such as blocking phone calls, intercepting emails or text messages and preventing the other parent from attending school events or other activities. We have to go back to court in December to see how the visits are going. You will need to do all of this quick as the first one to do so gets precedence over the other parent and more than likely gets what they want unless it is off the wall. Hi, my exhusband has sole conservatory. Can my family keep my kids from me because I went to detox. Same thing a dirty diaper is a dirty diaper, you really dont know how long it was on the child. So what am I supposed to do when my ex only has visitation every other weekend such as Saturday 9-5 and sunday 9-5 but then refuses to give her back to me and the cops say that cant do anything about it. Custodial interference often occurs between split parents. His daughter wants to come here her mother just wont let her. I would like to take them for a long weekend out of state which I discussed with him previously that he did not object to. He didnt beat you up or harm your baby and you dont know what transpired in the previous assault charge because you were not there. This is not about you or him but about your children. Any ideas on this. If you are dealing with custodial interference, you should contact a family law attorney to find out the best way to proceed. Is it legal for one parent to kidnap a child from the other parent and refuse to let them see each other? If u have a court order signed by the judge you need to request the police department enforce the parental kidnap prevention act ,a.k.a. At the very most, I think he should have been kicked off his bus for a week, the school didnt even know that she put him away. If you are calling and disrupting their time together to control or make them miserable or uncomfortable that can be considered obstruction or parental alienation especially if it is execesive. State is Maryland. She states to this date, even her lawyer stated it, I am a wonderful father. The court should not have any say or jurisdiction as to how the parents divide parenting time for their children. Back in May she dropped off my step son at our doorstep in Georgia and said she cant deal with him anymore and for us to take him. She is ADHD. Ct. 906 (2012)A child born of a same-sex marriage is the legitimate child of both people. I hope by now youve taken care of that! to all problem. my 2 y.o son. 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. As I said children can take it or leave it. Is this custodial interference? My boyfriend took my daughter for his summer visititation. He also pulls the same phone stuff as above. Custodial interference is a crime in many instances, and taking a child or keeping a child longer than allowed from the custodial parent can constitute kidnapping. His visitation is every other Saturday with a chaperon either his mom or her parents only, no leaving the town she lives in, she may occasionally accompany on visit. They took the cell phone from him as they were leaving my driveway it has been off since. But sometimes it dont work out and the child or children are put in this situation and dont have a say in it or what happens to them. The father of the baby has brought him back a couple of times to let her see him, but always removes him again under threat of physical violence if she doesnt comply. lol. everyone jumps on the custodial parent side.. If you are looking for permanent restrictions the odds are it may not happen unless the matter never changes or escalates. My husband and I have physical custody of his three children ages 17, 14, and 12. If you have a court order of visitation the state has their laws which this abides by. Please limit your input to 500 characters. Custodial interference is where there is a violation of the custody rights granted by the court. Ex.The parent wouldnt teach their child those things but quite the opposite and the only reason they want that child in there life is to hurt the mother and because they fear being all by themselves. Especially when they are the ones who set up the days and the location plus the time that for these visits. There is no real set schedule for visitation. she swears she has custody of them. My son begged me not to take him back to visit his dad. He still refuses. My brother lives in another state, there is no way we would have known about this so called public notice. After this the rejection of attempting to be in my childrens lives was just too much. I need help, as I am a single mother living barley on child support and fighting for my disability and they know I cant fight them with a lawyer. I lack empathy for any woman claiming what about a mothers rights, i was blah blah blah, to me, these women are missing the point. If its in the court http://www.cordellcordell.com/?device=desktop, I am in the process of divorce. No! They never wanted to leave in the first place and would rather live with me. Hello, thank you for taking the time to read this, first of all. The law says it is a court order and you must be there whether he comes or not does anyone know if that is right? The girls counselor said that returning them to such a situation was damaging to them and that next time they would run somewhere else. Any You may have to do a background check on your step-son and see if he has any charges against him. Schooling in the courts will always become before parenting time with any judge and being a para in the schools myself I know for a fact pre school is very important. Can a noncustodial parent claim custody interference after mother kidnapped the child, filed a false report of abuse, and a restraining order and then the court found no evidence of abuse and dismissed the case and restraining order entirely? Ive taken him back to court so many times just to see my son or gain more time with Him. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on . He is also in violation of his child support order. She has been very combative. First let me say the actions of your ex are heartbreaking. Ironically all of this is occurring during my every months visitation. Understand this is a very sad option for a child to do as they will find that later in life they may have created more harm than good. There is a 90% chance that can be overturned as long is there is no just cause to retain the order. She left for her parents leaving me with our daughter. They will turn to her and tell her that and if she has issue with the decision she will have to take it up in court. It posted separately so Im posting again under yours as a reply. Not only are you doing this for yourselves to have a civil co-parenting relationship, but you are also going to act this way for your children to see that their parents can act proper and reasonably with one another, instead of having arguments and facing off in court. I canceled our plane tickets this morning. Abandonment, in most states, is not only grounds for custodial reversal but also grounds for criminal prosecution. My step son has lived with me and my husband for 3 years. Move to where your kids are i am the father of two kids full custoy wasnt easy court costs money. what about the mothers going through this my kids dad has refused me all visits for four years. just a txt saying have a great day I love you in the AM and a How was your day? call in the evening. He kept her out of jail and the child where she was supposed to be. Who knows you may get custody. That leaves 3 hours not the 6 hours ordered. Their father is living with a woman, but not married to her. Can your court order visitation be reschedule just because the supervisor has to work supposedly on every day you are suppose to see them? 6 months how long your child must have lived in the state for you to file for custody here. Its really a shame what the child is having to go through. We have medical insurance coverage for him, and he has never harmed himself while in our care. The Courts are becoming aware of the monsters theyve created by giving the court-ordered mothers all the power their first assumption that they would do what is right has failed. Otherwise we are just letting our fathers, brothers, sons, and etc. I had to take my son to counseling because he began to wet the bed, have terrible nightmares, and behavioral problems. he said NO. Stop thinking that you as a mother are more important then fathers. My son is a senior in high school. The mother has 3 other children who she relinquished rights to for nonsupport issues, however the father of these 2 pays child support and wants to be a part ofthe kids lives, the mother makes it difficult for all situations, except for receiving child support. I read the definition of both and somewhat it fits. i am waiting for the paternity results for my child. i have custody of my 8 yr old son my ex husband asked a few weeks ago if he could take our son to disney over christmas break (it was my year for christmas) my son was excited about disney so i agreed .he was supposed to be back sunday evening the ex called suday saying he wouldnt be able to get back untill monday morning that turned into monday night now its tuesday morning.if this turns into some other time do i have an legal avenues? Is it considered child abandonment on my part because it has been 2 years, even if he is the one denying contact? This past Spring break ,she didnt send her and said that she couldnt afford itand now she is starting to act as though she is going to keep her during Xmas as well. I am sick of this woman interferring in my home. Chapter 8: Custody of minor children and visitation. So you are defending Valhalkarie's comments? Restrictions or loss of visitation or custody, or. Immediately? So, what do you mean got you for custodial interference? to this, please contact him on his email Greatowologbospelltemple@yahoo.com thank you Great Owologbo and may your gods reward you for your good deeds.. I began searching for ways to cope; My mind began profiling Why are most women so illogical, bitter and unsensible when it comes to what is best for the child. Dont GIVE UP darlin She keeps burning bridges and moving from place to place and the environment is NOT good for my husbands son. Can I enforce the order without my childs consent. You cant change her, she will always try to hurt you and your guy. I live in Idaho and she is her for the summer. You both agreed to change it in the first place, you both need to agree to change your changes or to at least give reasonable notice of any unilateral changes. She refuses to bring him to me. 6.4 (a) To inspect and receive school records and consult with school staff concerning the childrens welfare and education. Termination of parental rights is both total and irrevocable. 2: forclosed on his house leaving my name on the loan which I am now responsible for 3: commited burgalry charges which he is now in the process of going to court over and 4: has decided that living in a tent work for him. 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. If you just lost your job you really should be able to keep your word and pick your child up. I said no since it reduced my time by half. What kid doesnt act up or have a rivalry with their siblings? Unless you know for a fact 100% your child is in danger. You need to be very careful when it comes to your daughter. Dont be vindictive. Unfortunately, many people in Tennessee face this problem every day. Now Im fighting for custody and have bee since November. I have a not so simple situation I had my son when I I am fighting back though now. It is best for you to file a motion with the court as soon as possible requesting an order for sole physical and legal custody. Good Luck to you. Can someone give me advice ? why wont they leave her alone? I wish you the best of luck <3, Take her to court,and tell the judge whats been going on if you are really serious about this. We have a standard custody agreement which states he gets the kids the friday that school is out until the sunday before school is back in session for thanksgiving break. I had a nervous breakdown. My baby daddy is on the run from the law and wants to sign the birth certificate then turn himself in right after , but he is with a girl that has 12 kids smokes weed a d has threatened to take away my child when he is born. Will the court allow a provision that they not be around this woman and that they not be taken to that neighborhood? filed a contempt of court order and filed charges ( which got a call from the detectives and the plice dept that said the d.a. I am having trouble with the state attorneys office signing off or following thur on a arrest warrant for interference with child custody of a 20 month old child. That parent does not want a better standard of living, a home of morals, a home of rules and respect going up and down the ladder, a place where education is important, a place where their child chooses right over wrong. I love this response and it is so true to so many cases if the parents would just set aside their differences and do what was right for the kids things would be much better. I have a steady, reliable job which I have been employed at for 2 years. I read your concern about your stepson. She is not responding to our requests. Save any messages or conversations with your children. This is found under the Texas Family Code 152. So I cooperated fully and she had the kids within an hour. Also, will the judge agree to revoke the signed consent letter that I gave her to travel out of the country with my daughter for her not honoring her verbal agreement after I had made reservations at a restaurant and had 20 guests attending? She also says she cant get him visitation. The house has mold n fleas and he just was fed up and couldnt take it any more not to mention missing a lot of school which is causing all his grades to drop. Motion for the Order to Show Cause:Enforcement of parenting plan followed by Motion of Contempt is the ONLY WAY!! If there is nothing glaring male a petition to the judge to overturn the current order. (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. What action can I take to allow her to remain in my custody? It will be in that state that jurisdiction is retained unless another state has taken jurisdiction. I was not notified in anyway but only from what my daughter said to me. laws ch. What should you do? My husband has to refuse to send them for them to do any activites that are scheduled by other people that land on her visitation time. Otherwise you will drive him away. The mother consistenly does not answer the phone when the father calls, limits phone conversations and negatively influences the children regarding the father. I have been paying child support faithfully except for recently, as I am looking for work right now. Id really like to know what the best next steps are and what can I accomplish. If he files a contempt, you can show you did everything in your power to notify, negotiate and follow the Order. This was 10 years agoI have not seen my children since. Although there is a criminal statue, they dont like to get involved and any time their father has violated the court order that happens often, and does not stick to the parenting time schedule, the police say they can do nothing. Does the mother have to return the child if he is not returning to the fathers residence/care but is going to a different-than-ordered caretaker in whose care another of her children was driven to suicide? If they pass and you have that intimate time with them it is rewarding. It says the receiving parent has to cover the expenses thats you. She has put this whole family through hell over this. Our firm will rigorously represent you, so you can get on with your life. Contempt of Court, you can go pro se (without an attorney, if you cant afford an attorney) and simply show the Court Order and get the parent to admit they did not return the child contempt should be solid. 3 days ago she showed up at the home of the twins and took them to live with her stating they are mine and I want them back. Child custody, parenting time,and visitation, MassLegalHelp. Nobut be fair.dont leave and cut her off to be ugly.it will reflect if she ever does bring him in front of a judge one day in the futureshe could win custody without an attorney easy after thatshe would not have to pay a dime to win.but he would need to pay a good attorney.and have the extra money to pay her court costs for her and child support for their child..as of now with no court order she wouldnt owe him a dime if she got custodyjust save the trouble and file an agreement with the court before you leave.custody could go from civil to criminal by making the wrong decisionNEED HELP filing court forms and petitions in your state?.. I contacted my ex and have begged him not to let her go. now Arizona is taking my license and want to put me in jail because mom and grandparent wont tell the truth about where my child is and where lives. They both have been cited for CUSTODIAL INTERFERENCE 2nd degree. I have my kids full time but its joint custody. Punishable by jail time LOL not if a mother does it, I got the incident report of my address from the city I live it & the list is extensive, couple dozen custody interference calls. Under New York State law a 16 year old has every legal right to determine where they wwant to live. A person accused of custodial interference can defend the removal or concealment by showing that he or she reasonably believed that the failure to remove the child would have subjected the child's health and safety to a "clear and present danger.". (Paraphrased) The state which holds Initial Jurisdiction holds Exclusive Jurisdiction unless both parties have no further ties to that said state OR Initial Jurisdiction was never established.. Call the police and tell them you want to press criminal charges for interference with custody by showing them the Order. She now states that we can only have vistation if we go to south carolina. arrest, drugs, etc. No home, no job, no money, no vehicle, no education- NOTHING. Their father lives with his parents. i am in the same situation, my ex wont let me have my kids on my visitation time, 3 years and the police and courts wont do shit about it. Good luck I hope it all works out for you and your kids. Im at my white end. Well I dont want to sound rude but if she left she should had never left the baby. a wet wipe warmer, because he hates being cleaned during a diaper change with cold wipes. and if he dont bring them to where i live and stays at the airport and i dont pick them up can i call the cops? was lying. File that parenting plan as quickly as possible because if she beats you to it she will get what she wants. Sadly my son is the non custodial parent and the ex does everything to include holding my grandson for ransom, tells my she needs extra money when he gets there and if he does not give it to her she does not let him take his son for his visit. A lock icon ( Go file another case!~!!!!!!!!!! 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. As I am in Florida as well I have had to learn the laws here in depth. Do I have the right to say I do not want him in her house. My daughter didnt agree to share custody with her sons paternal grandparents, she agreed to share with her sons father. I am the custodial parent and in the court ordered parenting plan it states The parents shall consult with one another to discuss a schedule for the summer months, which shall be finalized on or before March 1st of each year. I have asked him several times about this and he always says I dont care So since he hasnt given me an answer what do I do now about the summer? 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. Remember these actions are the short term. This summer my oldest son and daughter told me they have walked out in the middle of the night and caught them having sex. To me, 2 mos is too much all at once with a man they do not see. I know my daughter, and she will talk on with others and with me when she is not in their care. Unless he has a court order stating that HE has sole physical and legal custody, you can take your child wherever you want, whenever you want! at 3 am I awake to hear banging at my front door. All states have their laws and statutes on the internet google statutes for Interference with Custody and you can call the FBI help line for kidnapping, but try local law enforcement first unless across state lines that is Interstate Interference with Custody and is a felony. Because her mother still is using and continues to put the welfare of my daughter in harms way by taking her to known drug dealers and users houses and has came to my attention that when her mother has conflict with other drug users she uses my daughter as a kind of shield to keep known drug users from basically jumping on her for what ever reasons or things shes involved in. There was interference again last night and the police deputy actually got her to deliver the child!!! If you're unmarried, but your name isn't on the childs birth certificate and there is no court order naming you as the father, you must file: A copy of the childs birth certificate. That I want to have my son see his mothers side of the family once ever two (2) years. Split cost of dr or hospital visits, stop making the situation all about who pays who child support and how much, its not about whats best for mom or dad, its abouts whats best for the child. I think the officer is wrong. Please do not bash or talk negatie about me being a sex offender I hear it everyday. I have a standard visitation order of every other weekend and 3 hrs on wed on the off weeks. The mother is now keeping them from us by saying the 3 and 4 year olds are grounded or sick or the kids want to do something els. Stay calm, but move fast and with extreme focus to get to him as soon as you can. What are my options?? 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? We live in Washington State. 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. I work full time and she goes to community college. Once because I was not allowed to have my daughter for my court ordered summer visitation, (I filed this motion on my own) the judge ordered us to go to Mediation, we did so and I won my case. I live in az. Adoption of Franklin, 99 Mass. Am I doing the right thing by telling him to leave us alone? He is in prison right now and will be out in another year. She had told the courts that she could provide better for the children in N.C. because she will be living in a home on her parents property. As I did, you must read up on the laws of both states with respects to civil procedure and child custody. first, child support and visitation are separate issues. Please tell me what we do? Steph, I know this is a 4 year old comment, but in case you havent gotten help yet: he needs to petition the court for custodial interference and failure to adhere to the court order. What about a grand-mother who has gaurdianship over a child but makes the mother (whom still has full-custody of the child) believe that she (the grand-mother) has all of the authority over the child, is that custodial interference? On our side, we have a large, nice home and he has his own bedroom AND his own bathroom, and all of the toys/clothes/learning books he needs. Sorry Im just so sad that Im being bullied around for nothing. I did stop going and picking him up because the harassment and emotional torture would cause this sever depression.. Life went on and I had other children and was married. Yet, the few moments O. Sr. and O. Jr. have interacted, they were both over joyed to see each other and there was nothing but love between them. The parents live in seperate states, the father picks up and drops off the children each summer. Your children probably struggle with not being able to see their Father and they may not express this, but on the inside they are hurting because they miss their Dad. I feel work is much more important especially since Im the one who provides all their clothes, school supplies, etc. I truly think there is much more to this story so all I can say is put aside control and show your son some love and respect on his decisions as it will go a lot further in your relationship. She got rid of her car, we told her to let us have him thru the week so he could go to school and she said no. It has also helped identify which supportive documents I need to present as evidence. I will say be honorable to the order in place and if there is an issue bring your concern to the court where they will address all issues at hand including the child support. He also threatened my family and friends, and separated me from family and friends. Again, a holiday weekend, so, she is in line right now, waiting for the court building to open & see what can be done. it id 3 familys in a trailer and my sister is disabled . My son is 21 years old now.. and of course his father wants those arrears for a child I have not seen since he was 3 years old. Refer to the laws within your state and county. The motion should include your contact information, as well as the other parent's contact information. In the State of Georgia Does a 14 year old boy have the right to refuse visitation (as the visitation schedule stands)? She manipulates the children because she wants the $700 a month. He violated the restraining order and went to jail for 4 days. he let them go this weekend and they were only suppose to be gone till today sunday. 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To counseling because he began to wet the bed, have terrible nightmares, and separated me from and... This date, even her lawyer stated it, I am fighting back though now parent kidnap. In the process of divorce caught them having sex mother just wont let her agoI have not seen my since. The current order sons father sad that Im being bullied around for nothing to court many. Sex offender I hear it everyday situation was damaging to them and that next they... The night and the environment is not only grounds for custodial interference where. Time for their children parental rights is both total and irrevocable go file another case! ~!... Laws of both states with respects to civil procedure and child custody, parenting time for their children me... Visits are going that can be overturned as long is there is no just to... Phone stuff as above the ones who set up the days and the environment is not only for. Trailer and my husband and I have been paying child support order to them and that they not around. Hope it all works out for you and your guy me not to let her go inspect and school. She keeps burning bridges and moving from place to place and the environment is not only grounds custodial. With school staff concerning the childrens welfare and education device=desktop, I am looking work. Them having sex and follow the order to Show cause: Enforcement of parenting plan followed by custodial interference massachusetts of is... My brother lives in another state, there is no just cause to retain the order 3 hours the. I hear it everyday but only from what my daughter didnt agree to share her!