You should bring an action in family court to inform the judge that mother is not complying with the court order. we were divorced in California. she just had his second baby and she sent their first born to Alabama and didnt tell my brother about it. I know in NJ that both parents have to provide for the children and if she has been in collage for 10 years the father should file a motion for child support to be lowered. All rights reserved. She doesnt work and spends most of her time plotting on how to make his life miserable. If this is a continued ongoing problem a judge will more than likely throw the book at one of you. I have a criminal background although I am doing good now and have been clean for two years. He and his Father are both pissed because of the amount of support he has to pay and the fact that it has to be supervised and its bothering the schedule of his father!! I do not know the living conditions my daughter is in and Im wanting full custody of her. Anyone that disagrees with that is selfish. He does not want to lose contact with his son, when he comes home he wants to continue with his visitation rights and be involved with his son. HELP Especially now that I am unemployed, only because of te parent time plan I just wish I had the $150 to get the papers filed to get it amended so I can find employment . Since hes going to counseling, perhaps ask for counseling for your daughter or an evaluation of your daughter to make sure shes okay. I hope you were really seeking the answer and not just trying to come up with ways to interfere with custody. What about millions of Fathers who are MIA because of the family court system? 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. we have no custody papers and i dont have $5000 for an attorney.. how do i get him back? He violated the restraining order and went to jail for 4 days. Claiming she cant afford the gas. I would be going along with humanitarian group, too. Specifically, to let my son tell them that his dad had threatened to write your name in blood all over the walls and on another occasion, that his dad intended to wreck me off the side of the road when we had visitation exchange, stab me, cut off my eyelids, cut out my tongue so no one could hear you [me] scream and then kidnap my son so no one could find him. 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? Yes, i believe a child needs both parents, but its not always that simple. So what should I expect? So the question is Who is playing Whom? Prepare to share the child with the other parent. 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. Free Consultation: (617) 367-0450 Tap Here to Call Us ; . .My question is: How do I go about filing charges ( once again ) if I havnt seen or talked to my children in going on 2 years if they are residents of SD and I am in WA? Where do I go on both issues? He refuses and wants me to keep our son here which is not financially feasible with us seperate. if thay tell the truth I get custody if they lie the grandparents are contoling the child under second degree kidnapping. stipulation was that every time I did something that David didnt agree with hed This would be CRIMINAL if you had LEGAL CUSTODY of ? See, The Child Support Guidelines Worksheet (CJD 304) if you're seeking support. Domestic Violence went on and I got a No Contact Order, but still provide to allow her to see our son, but was in fear, as she never went to get mental health treatment. So the nect day was Sunday CPS called me. If they did, they would understand that any laws made to support our fight as fathers would support cover them as well. why its so important to state everything clearly from the beginning. Unfortunately, a situation arose which changed circumstances, and I decided to remain. In that time he met his ex-girlfriend, S.R., with whom he has a 5 year old son, Jr. O., with. How about this: I was granted an order for protection against my sons father (we were never married) after he assaulted me with a gun while telling me about these pyschotic dreams he had of killing me and he also raped me. He shouted, But I dont want to never see my dad again!, An investigation was opened, and I did I read Staceys response and she had some good points and well not so good. my 9 y.o had scaring in the rectum. I am fighting to get my daughter back home. My ex has sole physical custody and I have visitation/parent-time with joint legal custody (I know, pretty much the system standard), and the transportation arrangement is that we provide reasonable shared transportation for visitations. After my Facebook message was intercepted my girlfriend and I began looking into contempt. imagine but when I was losing Jackson, I needed help and somewhere to The abductor must know that the abduction or concealment violates a court order. What steps do I need to take to file charges ( once again ) for custodial interference in SD if I live in WA? I have not seen it done but it could be to your shared advantage IF you ate both on the same page which could help if she returns by reducing child support and allowing you to be part of the lives of the children. Lol dyanne, He turns 6 this month and the last time he saw his weeping father was as his mother dragged him out of his arms in the Rose Bud Indian Reservation Court House in December. 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. Ok check this out! I feel bad for them, and I dont want to send them. My ex contacted her a day before (maybe so that it doesnt seem like child abduction? Is it up to.this mom to enforce the law on him? I can help prepare paperwork to file to defend yourself in court no lawyerI am experienced in family law documents, and filing proceeduresi am also able to help file documents with the court to ask for financial relief.very good case for contempt to request relief..do you have a court order in place already?.email me please.. ahlilah@yahoo.com, how do I get my kids back to arizona mother has jamed out to cali and she has been served but wont return the children. Please advise. she breaks the law and no jail time. Conserv., which states we both can manage his healthso Im curious if I can do this, even though by the papers I dont get till 6pm Wednesdays, his appointment is at 3, so does that mean I have to use that time as our visit, or can i just keep him till our time is over. There is a great spell caster called Great Owologbo who A phone call is the only way I have to contact my children..we are in the process of filing paperwork for divorce/parenting plan. Its not just about Fathers fighting for parenting time/custody. My Heart goes out to you!!!! Tina even holds a special designation: she is board-certified in marital and family law. Its all lies. She claims she has no car and its the fathers responsibility to do both ways. If the police wont do it, then go to the magistrate judge or a Superior Court Judge and get a warrant if the Court Order is clear about your custody being interfered with. My daughter was visiting her father for a few weeks this summer, During that time, she called me to ask for her SS# so that her gma could open a bank account for her. The odds are clearly slanted against O. Sr. Even threatning to change their phone numbers. Does NC have the right to do that being that only paternity/child support (which hes way behind on) was established and not actual visitation? your question is confusing. I think I saw that when he is 16 he only needs 1 parent present- but I do not want to do it that way, but will if need be. We live in the great state of New York and here, the fathers cant catch a break when they deserve one. I am afraid her will go into the wrong direct at 18. ann. Thats why you have a Court Order its the COURTs ORDER and the Contempt is against the Court. Her mother even emails lies to me about her concerns for my daughters well being when she is with me. I was not notified in anyway but only from what my daughter said to me. According to my research, I have the right to call the police in his area and have my son taken. There is no custody orders of any kind between me and my ex-girlfriend. She has confirmed everything he brother said and is made to feel bad any time she says something nice about us but if she lies and makes up bad things about us her mother get happy and gives her attention. The Mother of my children and I have been separated for almost two years but she has never found any new significant other, consequently I am only dealing with her bitterness and ire. Posted on June 10, 2022 by Billie. Your best bet is to get a copy of the DCF report as they have closed the case without incident. who think that they are above the law. There is a lot more to this, but it gets too involved. The papers that i recieved in the mail stated that i shouldnt have any contact with her until the court date or it would result in the issuance of a warrant, however she keep calling and texteing my phone can she gte in trouble for this.My aunt and her mom said they will testify for me and we also have messages and multiple witnesses that conversated with her about me coming to get my son. If you have an agreement as established in your parenting plan to call at a set time, say like 9:00PM just before bed and that is interfered with that too is parental alienation. until October 2017. She also never tells me she doesnt want to see me, I only hear that through my ex husband and my older daughter. This, too, is an interference with custody rights. If the Court ordered the father to monitor the supervised visitation they had a reason and you have to trust that and obey the law. We are joint conservators but I am the primary custodial parents. If you have a Court Order that the custody time now is yours and they do not deliver the child at the appointed time and place, they have committed a criminal offense of INTERFERENCE WITH CUSTODY and Law Enforcement is bound to help you by putting a warrant out for his/their arrest. What action can I take to allow her to remain in my custody? THE 7 YEAR OLD CRUES WHEN HE HAS TO GO THERE, begging is not to make him go!!! In this instance, the parent removing the child claims to have interfered with normal custody rules because he or she fears for the childs safety. They dont want to live with me. What should I do? There may be exceptions to the home state rule when the child has lived in a different state with 1 parent. and also wouldnt that make them FELONY CHARGES FOR A SECOND OFFENSE IF FOUND GUILTY? Have joint custody. A .mass.gov website belongs to an official government organization in Massachusetts. My ex girlfriend and I have a 5 year old daughter Oahu Hawaii we agreed in person talking on what days each it worked for a while and now she has all this attitude wont let me see or know where my daughter is so can i call the police to report parental kidnapping or what can I do for the time to still be with my daughter cause the mother is telling her the new boyfriend is her dad and I disspeared.what Cani do untill we do custody through court? Against what I said, the gma continued to use her info and open a bank account under her name for my daughter. I have visitation but the bitch keeps denying me half of them. And now my daughter is telling CPS that she lied and that her step-mother never hit her! Even if i just have Visitations with my son. I am currently the Non-Custodial Parent, however i need to take my son the doctor, and his father is throwing a fit, and says that I dont have the right to do it on his time. Never got the opportunity to get deployed because he got suck from immunizations . I dont know all the details of the case where I am sure that there is much more. I have tried contacting him but I get no answers! My son is 8 months old..the mother had our son while in jail..she also was doing narcotic pain pills throughout the whole time being pregnant..just now getting out of jail only being able to see her son through glass at visitation expects me to just let her have the baby back in the drug atmosphere..no one has custody of our son..Im afraid if I give her our son she will not bring him back after all his belongings our with me and the people thats been with him throughout his whole life..he dont even know his mom??? He also treated my daughter very well and like his own since she was born in 05. But, you cant force him to buy the car seat you want him to buy and use that against him to prevent his father-daughter relationship/visitation. I cannot tell you the outcome as this could be a sticky situation due to jurisdiction, time, age and a mess of other things. I have two question? I presume she was awarded temporary custody pending resolution of the divorce issues. Make sure you obtain copies of the reports from both departments. Tonight my son was crying as i was pickin him up she shuts the door and locks it and wouldnt let me have him and told me ahe was calling law and that i couldbcouldnt have him until they got there which this is second time she has done this! My brother lives in another state, there is no way we would have known about this so called public notice. Especially when they are the ones who set up the days and the location plus the time that for these visits. Learn about the types of child custody and parenting time orders, who can file for child custody, and how to file or change child custody orders. 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