I have been looking for my son since 2005. Third, pick your battles. He said his girlfriend is a better person because she fixed her daughters rapist breakfastit was from he was a client that is retarded and she still went around him. But here in NY they will do everything and anything for the woman up against a man. I refused and he has tortured and harraised me ever since.. please someone help me!!!! The father of my son.has had tempory custody of him.for about eight months now..the reason he has custody is becauae he called dcf on me ..i was ordered to complete some task before i could regain.custody of my son..right before i finish all.of my task he up and moved to.idaho ..he was living in flordia prior to moving..is it legal for him to up and move without getting the courts approval.because it seems like no one seems to care that he lefted..when my son was three i moved to georgia but had to get permisson from the court before i moved..just wondering if what he did was legal. All this from default because failure to respond. Thank you. Son is 14, quit taking his meds, and I dont want to be in violation of law..I have primary physical custody. The ONLY reason you dont have it is because of what I said herein. Of course, depending on what the Court Order says on it. You may have to do a background check on your step-son and see if he has any charges against him. Resources for parents who are separated, divorced, or never married each other (not specific to Massachusetts). Do you not think that the Court will see your brief notification as a unilateral demand and then if you call the police or say kidnapping and then say I have no job or money I cant even pick up my child per my own agreement that you are not going to look like a very good parent???? Please help. I was so distraught over what she said about my son and all that had happened, I had to see a psychiatrist, and the twin that was forced to his the smaller twins had anger bursts and had to have him evaluated, which said due to fathers chaos, put kids behind mentally. I also had my attorney file an emergency petition to return my kids. Can someone be sued for custodial interference and if so, is there a statute of limitations on it? 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 dad also did that on Jan 14- this time he did not text, nor show up. I am not directly involved in this mess, but I am supporting my friend because every dime he makes goes to his child support so he can get out of jail! I would not want my child in a situation like that. he drove over , knowing i was not home and demanded to talk to them saying she was denying his right to call whenever. I am thinking he should come back home July 27 if we go by the signed documents. But she can not provide a stable living environment for her. She knew I was trying to get her for contempt of the visitation so she has been hiding. If the matter is urgent and you believe the child is in danger you can file with an order to show cause. We saw the child (Dylan) about 4 times and gave her mom a check each time we saw her. And then dont discuss anything else until you two have worked out exactly what is going to happen and then make the changes sound fun and normal, do not guilt the child about what you or the other parent have to do. I think people should know what the case is before they being to judge. If he runs with the child, its kidnapping. She hasnt spoken to him since early Monday. I have no clue what my children even almost look like.. If you're unmarried, but you and the other parent signed a voluntary acknowledgement of paternity or there is already a court order which says you're the father, you must file: A copy of the signedVoluntary Acknowledgement of Paternity, The Affidavit of Indigency and Supplement if you can't afford the fees. Unfortunately, many people in Tennessee face this problem every day. I know he loves his father and he loves me too and this is what I try to keep sacred for him. No need for lawyer. But yet the baby daddy loves all his kids . The judges and courts suck up to these sick moms. My son is 12 theyre son is a year old. I send meds and he still wont let her use them. 3) Until there is a court order established there is not much you can do, but. My fiances ex wife is always interfering with his visitation rights to see his kids she thinks she can decide when he can and cannot see them. There may be mediators or conciliators at the courthouse who volunteer to help you and the other parent come to an agreement. What happens if my daughter runaways at 17 with her 16 year old boyfriend they decided to drive his truck to washington by following us. So basically he exposed her to his habit as well. Also the neighborhood they live in is very dangerous, with 90 sex offenders within one mile of their home. He is entitled to visit his children every other week and only sees them once every other month or so. Now she wants to stop all visits per the doctors/school (supposably thats their recommendation) and wait a year or two for me to get my visits. She doesnt work and I live over a hour each direction. by second semester they are expected to know how to count money. The fact that my son had been strangled was totally disregarded. How do we protect him and fight against the mother, which courts typically side with??? due to her parents interfering. There is a greater Force watching over what is done to children and not even one little nuance of neglect or control or manipulation to destroy their parental relationships will go unnoticed or avenged in the long run. I sent multiple reports to DA, in court judge told me I didn`t file the right motion for contempt`s form. If this is not done and a default judgement is issued you must FIRST file a case under violation of civil procedure where that case was heard. I fear for the safety of my child. Then we went back to court last year and I got to have him for standard visitation where I get him every other weekend and some holidays. It should become standard policy for divorcing in this country. I (mom) have custody of my daughterher dad has visitation on the 1st, 3rd, 5th weekends. Please, someone offer some help! So I will have to call you and let you know something then. He also will not answer if I text him. Copyright 2022 Lewert Law, LLC | Designed by, Ask these 5 Important Questions about Property Division During Divorce, 4 Important Facts Florida Residents Must know about divorce. How hard is it when one parent lives in one state and the other lives in another. 2451. If it lingers too long the judge will look at it as culpable neglagence and ignore you. Dear fathers: Please, do NOT waste your money for attorneys! He finally let me start talking to my daughter over the phone after 7 months of no contact at all. Answer is THERE IS NO WAY YOU WILL WIN IN COURT YOU HAVE WILLFULLY BROKEN THE LAW and harmed your own children unless your attorney is sleeping with the judge or something corrupt like that. IM SCARED OF MY EX AND EVERYTIME I GO TO GET THE KIDS HE WONT LET ME HAVE THEM AND I LEAVE BROKENHEARTED I MISS MY KIDS WHAT CAN I DO? ) or https:// means youve safely connected to the official website. Talk to an adult about the situation. Because of sympathy to the situation I gave her 30 days to return. My family has made me move out of my apartment that they own and are keeping my children because athough I no longer use, I am on a suboxane program and they dont approve . Meanwhile the child suffers. Can i be criminally charged if i have a job amd have no time to drop off my childs glasses? I was never aware or informed that the court date moved forward or anything! Bill tracking in Connecticut - HB 5094 (2023 legislative session) - FastDemocracy When I am around her we enjoy each others company, especially if I take her somewhere and her dad isnt around. We have taken him to dentist appointments and will be taking him to make sure hes up to date on shots so he can start kindergarten. My question is if I where to just not give our son to him for his parenting time (a total of one (1) overnight and eight (8) hours)and I cross state lines, because thats where the reunion is, would I be charged with anything criminal? My fiancee walked out on me and my two kids, Im also 8 mo preg. By the way, all of this happened on a Friday evening, so I can really do nothing until Monday which is so very frustrating. 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. He has failed to allow me to see her. My question is what trouble if any can I get in with the courts if I dont get the children on friday like we had originally planned? son is scared to tell his dad that he wants to see more of me, much less that I have sole custody of my son. My son is 18. "The importance to the children of one parent's advantage in relocating outside the Commonwealth is greatly reduced." I have 3 kids with my ex who lives in AZ. She proceeded to give her milkshakes spaghetti and tomato sauce, fritos and every night she did give these to our daughter, which was every other night, my daughter woke up at 3 a.m. with violent vomiting and profuse diarrhea and my mother had put her on a diet to gain weight for the month prior to going away for 3 weeks. The court awarded her full custody of child. they disconnected their phone, and i cried day in and day out, called cops to do a welfare check and told them to bring me my kids since the father didnt want to take care of them and now that i am back in nm, they are an hr away. My ex didnt let my younger daughter see how mean he was to me, so she probably believes I lied. we heard this from a 3rd party source and they refuse to give my brother his child. Ive missed one weekend in 9 years! Even when Im able to go see them will i have a problem visiting them since I havent been able to? I moved to a nearby city with my daughter while I had sole physical custody of her and the restraining order was in effect. What can we do? Parenting Classes state that 60% of the fathers go away within the first two years; 75% of bankruptcies are filed within 2 years of a divorce/custody battle. 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? And I thought they were going to a regular school. As I am in Florida as well I have had to learn the laws here in depth. 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. It is always good to get legal advise on the matter as they can navigate better within the local codes and laws. He refuses and wants me to keep our son here which is not financially feasible with us seperate. child that lives with mom can that happened what can i do to help my brother out? They ended on July 27th, they stopped answering all phone calls and text msgs. I commend you for driving both ways to NY allow him a week of time and for offering to meet him halfway in VA. I am going to see them today and really want to bring them home! 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.. she also hangs up the phone immediately when she hears his voice on the line and says the kids dont want to talk to you. 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 think that she just wants to get me caught up because i am married and she doesnt want me to be. So you have more time with your kid? Ill be praying for you that everything works out for the best for you and your family. did you have the court order with you to show police? Do not keep any hopes to win custody because of visitation violation or something else. She will have kids for the summer, what can i do if she dont return them? Limit or deny visitation if he is dangerous or living with a sex offender. It has been two years. This applies where the parent is found to have violated the terms of the . He is also a convicted rapist. I live 15 minutes away from he and my son. Most police will tell you Take it back to court. Also I saw the comment about the dad having to do all the driving to pick up and drop off his kid. CAL We requested visitation for four years with one lawyer and for another three year with another lawyer. What if anything can be done to make the mother comply with said order in Colorado? 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. I have physical custody today is the day he comes home and his mother agreed to let him come home early because she was working (we made the plans on Thursday). Never lead on of the disapproval you may have for your ex only the excitement you have for spending more time with your daughter. He came up with a huge story that he told our daughter that she needed to stick to, however the police talked to both my ex and our daughter. Anyone have any experience in NC with this issue? This is Mike Borrow money from someone if you dont have it and go get your child. What will happen if custodial parent decides to call the police. The section which describes optimal arrangements by child's age is particularly helpful. I hope this helps you stay calm, have a plan or inspires a better plan than the one you mentioned. I dont have that kind of money I need all the advice help an pointing in the right direction I can get. Ct. 906 (2012)A child born of a same-sex marriage is the legitimate child of both people. I am suppose to share information with him but here in lies the problem He will not give me or the children any contact information for him He contacts them on and off every 3 to six months. My fiance is to have open phone access to the children and she either keeps the phone unplugged ( which she has told their 10 year old son is due to telemarketer calls) or tells the children if they pick up the phone they will be in trouble. away rights do I have has the main parent ??? When the children come for summer vacation we want to keep them since we believe they are in danger from their mother. how long do i have to wait to file a child abduction report? When the couple was married and decided to have children, the state was not involved in how the child would be raised by two the two adults who consented to have children. I have finally HAD ENOUGH!! No consequences. Buy your own car seat! If and when he allowed visitation what if I cannot afford to travel the 3,000 plus miles to see her? People are so mean!! Yet we fear that when we go to court in 2 weeks, the court will side with her because she is the mother. He refused to obey the order and we are now having to defend ourselves after 70 successful exchanges on our part. She used to take us to court every month for random reason and somehow she got to the point where she see him every other weekends , all holidays , and 6 weeks in the summer . Please explain what you are asking. Can someone give me advice ? she breaks the law and no jail time. He said he wont be at the meeting point on the court ordered date. What are my chances of getting sole physical custody seeing that VA has been our sons home since he was born, he just turned 7. Its not about socializing anymore. Next evaluate the long term situation. He is 13 and has been abused mentally and physically by his moms boyfriend nd His mother is always putting his father down and myself. It is only july now. Makes up lies and excuses like the battery is dead (not), or shes out of minutes (um, no) etc. Not a drunks babysitter. 265, 26c (2010). He recently changed it to after work if she was in daycare. I know he has hit my friend while baby was in her arms and been extremely violent in front of the baby. Live without your child as the dad has and see what it is like. Any help is appreciated. The attorney argued the same arguments to no avail. Its insane. 06-2013 it took everything in me to forgive the possibility of David molesting Caleb, What can I do? Many states also allow certain defenses to custodial interference. She was happy and cared for. If they are attempting to buck the system, stand solid with the parent of your child. How long do you have to wait for your X to pick up your child at scheduled time before you can leave? Forward to today. Good luck. During these two weeks Branden was going through hoes as quick as a *black person* runs from a KKK meeting. why was he arrested if after they came and took his son, he hasnt been to that county or even tried calling?? She did not comply to the court order to have our daughter tested for drugs for nearly 4 weeks. I just want to help my stepson before it is too late and he just follows in his mothers footsteps. in 2010.. Around that time i was in the process of moving (still in the same state but 200 miles away).. During the restraining order case he asked for a continuance and then imminently filed for custody of our son So i was served and then i waited for the court date To my surprise i had gotten a phone call about two weeks prior to the court date from my son father, stating he just got out of court and that he has custody.. While courts generally encourage parents to work out custody . I usually do not get return flight info until the last minute, if I do get is ahead of time they will play the sick card The latest is my oldest called me from the gate about 30 minutes before departure to say he was too sick to fly and almost threw up. BTW, she found her SS# from an old document. This often ends up with an attorney petitioning the court and presenting sufficient evidence of the interference. You can pay $28 per month and get unlimited answers to your questions. You will be given a status hearing date at which time they will tell you things are to remain as per the current order then give you a trial date or mediation date. *My concerns are 1. As a concerned mom you need to support the father-child relationship to the very best of your ability. The bad thing is you have to go to Court and do everything needed file a petition, serve the other parent, wait for a Court date, present your case, and if you win the other parent can be put in jail or whatever code your state has for the offense. With sole or primary custody going to the mother in roughly 90% of cases, claiming custody is not based on gender would be like claiming hiring is not based on race if 90% of a particular race, though equally qualified, was unable to obtain employment. If a non-custodial parent does not exercise his or her visitation, it may be grounds for reducing that parents custodial time. Child pornography and exploitation of minors, Child sexual abuse and statutes of limitations, Defending against a domestic abuse restraining order (209A), Modifications of family law judgments and orders, Unmarried couples and domestic partnerships, Defending against a domestic violence restraining order (209A), Domestic partnerships (unmarried couples), Child custody: family law advocacy for low and moderate income litigants, Child custody, parenting time,and visitation, Leaving Massachusetts: family law advocacy for low and moderate income litigants, Guidelines for court investigation reports, Helpful readings toward the understanding of family changes, Planning for shared parenting: a guide for parents living apart, Standards for Category F guardian ad litem investigators, DCF case practice policy and procedures manual, LexisNexis practice guide, Massachusetts family law, Nolo's essential guide to child custody & support, Massachusetts law about modifications of family law judgments and orders, Filing for child custody or parenting time, Get an immediate child custody or parenting time order, Request to change a child custody or parenting time order, Learn about the types of child custody arrangements, Child custody and parenting time options when youve been abused. 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