He called on the 4th and asked me if my son could spend the school year with him. What can she do? She moves 4 hours away (one way). Green, "The Crime of Parental Kidnapping in Massachusetts," 70 Mass. Of course, the same goes for you. 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? Well I have a really good question my son was up for adoption and got adoption in 2007 and he contacted me the other day by phone and now his adopted mother has got me for custodel interference because I talked with him on the phone when he called me !!! But I feel he is only doing this because of child support. If they do, then they may possibly be committing criminal interference with custody. my daughter is 4 months old. What an inconvenience HE ACTUALLY HAS TO MAKE AN EFFORT AND DRIVE TO SEE HIS KID? The first being no jurisdiction has been established or two all parties no longer reside in the state that holds said jurisdiction. I hope it all works out. 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 daughter is now 15, showing signs of clinical depression, not showering or going to school regularly. This would be CRIMINAL if you had LEGAL CUSTODY of ? If found guilty, jail time is a possible penalty. Custodial interference in the first degree is a Class B felony. He has been asking his mother for over a year to let him come live with us. Can somebody please help me understand what rights I have as my childrens mother. ***YOU CAN DO IT!!!! This is a battle about wills, not yours against his but yours against you (will I sacrifice for my childrens best interests; will I heal that the kids have the best life). They will be the ones that if there is something wrong you will have a 100% chance of winning should the child be in danger in their opinion. It will follow suite under the federal law called UCCJEA. What do I do. Can the mother keep the baby until the court date. (Which is why I am surfing the net and came across this site). And the mother has a history of violence. He didnt take any of their belongings and one of the twins has a severe case of asthma and he has no medication. I dont think its right at all to make a child do something they do not want to do. I ran a Meds and found she is getting 3 different scripts from 2 docs for pain meds and depression pills. Other defenses can include mutual consent and the belief that, if he or she did not take the child, the other parent would remove the child from the courts jurisdiction (i.e. Allow your children and your ex-husband to have this time together and dont waste time and money fighting about it in court. But all of this depends on the specifics of your own case. He constantly threatens to move out of state, and even out of country, with my daughter. My suggestion to you is put together a parenting plan that you find in the best interests of the children with respects of visitation to the both of you as the kidswill need both parents but for different reasons. How is that good for the child? You get online, print out the statute for interference with custody which is a CRIMINAL OFFENSE. also helpful might be a log of incoming calls from them/him to her with same details and how you handle the calls, again with just the facts. Yet a child being a mothers possession or property because she primarily takes care of him/her in their daily needs and does so alone while the father works, is not only the acceptable norm, but something that needs to be commended and applauded, with everyone saying, there goes one strong woman! ? The non-custodial parent has not signed the agreement out of spite at this point. I have visitation rights, but he has made it difficult to see my daughter all along, and I have not been able to have even one overnight or weekend visit since he got custody. My daughter has two children and at this time resides with the legal Father, and he is listed on the birth certificate. years were not divorced and he is on my side. Poor parenting at its finest. See, The Child Support Guidelines Worksheet (CJD 304) if you're seeking support. NC said that since my child wants to stay in Fl then he will not send him back to me. A court order has limitations to it and most states restrict the involvement of the police involvement which in turn limits what the DA can do. The grandparents have NO court order to even visit with this child, they have NO parental rights, and nothing my daughter has agreed to has suggested they have any rights yet they are interfering with her communication with her own son! Then 2 weeks after my P.O. 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. IM DESPERATE TO GET MY SON BACK. It was a lie. this man a chance and i ordered a LOVE SPELL. Parental alienation starts this way and the mothers typically make the experience painful. 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. I am lookn for a lawyer he has hx of alcoholism, previous and current dui. My ex-wife, the custodail parent, planned a vacation to Mexico over this Memorial Day weekend. So they put 2 and 2 together also. in u live in tn. and would I be justified in asking for a motion to change custody? My son had been staying up unil 3 in the morning texting, on facebook, on twitter, skype, etc. What are you going to court for in April? 2) She moved out of state without my permission and has left the country without my authorization as well. worry because i have a good news for those out there that are faced or In some cases, custodial interference may not rise to a violation of the custody order, such as protecting a . She filed an order to comply. That is not true, here in NYC the NYPD private storm troopers for the woman (sorry) do not mean to sound misogynistic, ( I am not really ) they will enforce this violation. Please limit your input to 500 characters. to file a report for kidnapping and Custodial Interference. I had to get another attorney that turned out to be a complete A-hole and was incompetent as can be. At some point he called and said she showed up at his house- He lives 25 miles away. Dont let the connection become about possession and control or fear and dread let it be love and hope. I also know that in NJ the courts make one or more parents pay for insurance for which they add $200.00 a year in the support order but if the child has state insurance then you can have the courts take the $200.00 a year removed. What can I do if I was never served papers notifying me of custody? What are his options except to wait for an emergency hearing to enforce the court order. If the divorce papers say 5 days prior to Christmas or 5 days after Christmas including Christmas day can be spent with noncustodial parent. she disagrees and is now saying the custody aggreement is null and void b/c they were living together at the time the papers were signed. Start with her and if nothing shows upPut her parents or her siblings. Will the judge take this into consideration?? I might add that his father had a past meth habit years before we met that he has beaten (apparently briefly). Yes, but chance are she wont. Does it mean everything about issues with the kids are shared? Throughout my life when asked This is a very hard area to give advise in as I am sure both of your parents love you. If you have children you will need to take this into account according to your relationship with your father. She has SEVERE (stressing severe) asthma which requires extreme daily high maintenance. There is no custody order in place and the child has been with my daughter since birth. Is she required to tell me to where my daughter is living? Can I enforce the order without my childs consent. Boyfriend is locked up wont come out till he his time is up. parents bought him a high priced lawyer. She is trying to change the custody by keeping the child with her and alienating you. Now since his discharge in 05. Custodial interference can sometimes happen with the child's consent and cooperation - a parent who convinces their child to stay with them or leave the geographical area with them, against the terms of a custody order, is still committing custodial interference. The childs father has a brother who was at the parking lot waiting to take the child from us. Omg I can hug you right now chy ?????? Hey if it isnt in agreement or in court papers and wasnt agreed to in court that we dont have to do it right? If it lingers too long the judge will look at it as culpable neglagence and ignore you. You have to have proof of any of these things and present them in Court. Who knows you may get custody. My ex who is not my daughters father and is not on the birth certificate but who has a co guardianship with me has now filed a tro restraining me from seeing my daughter the tro was just dissolved by the judgeThe Court having considered the pleadings and papers on file, hereby dissolves the Temporary Restraining Order based upon the fact that the Court finds no basis upon which to grant the relief under UCA 30-5a-101, et seq. 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. spotted David and my son back in Az. I AM TICKED!!! every man I had contact with. when I reached sa turns out hes in jail for robbing a walgreens. A Category F Guardian ad Litem investigator (GAL) is appointed by the Probate and Family Court to investigate facts in cases involving the care and custody of minor children and other matters that implicate the interests or rights of children. Once you've filed for custody, you must let the other parent know that you've filed a complaint for custody with the court. Watch her face light up. Related question: 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. You will need to know where he lives as the parent must be legally served with the court documents. Since court she has made it so difficult to have them go with her as she will not bring them to the meeting sight, she will not work with the kids so they can do things. So I would have to drive her back and forth to him. A class C felony can result in up to five years in prison and a fine. I also had my attorney file an emergency petition to return my kids. The Legal Consequences of Custodial Interference. Is this legal should I pursue it? This is it: mother can do everything,she is ABOVE the law. Seeing you are moving much closer I would file for an immediate modification of visitation and child support. 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. The abductor must know that the abduction or concealment violates a court order. Some parents can be greedy, get over it, be a good parent and role model, and show your child you love them more than you love the child support. Best of luck! If a parent moves out of state with a minor child, it can interfere with the other parents visitation. She doesnt agree with the pick up location even though it is pretty much the same as the place we used to live. We do have an appt with his lawyer but not until Thursday (lawyer out of town). She will be 16 in nov. can she just come live with me? The Massachusetts Court System's jury instructions are written statements that explain the jury's role and laws that apply to the specific case. I feel my son is the better parent and not just because hes my son. There is no order in the courts for custody or visitation. You are right for everything, but 90%. Please remove any contact information or personal data from your feedback. if custodial parent does not go through with the visitation plan (he is out of state) But, check into supervised visitation because I dont think he can have the child out of the supervised arena, like going to his girlfriends. She is not responding to our requests. Karina, If you do not follow the Court Order willfully, you are in Contempt and you will go to jail or pay a fine or you could even lose custody. She is not coming home sick she had acid reflex when she left. thank you. Nevertheless, I am afraid that I may lose my children whom I currently have full custody of. Jason, my question to you is your separation recent? I told him not a chance. 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. So now she is screaming kidnapping and has filed a custodial interence with the police out of Ga (not sure if an order has been filed through Magistrate Court yet). If a non-custodial parent does not exercise his or her visitation, it may be grounds for reducing that parents custodial time. I have been trying to get my son in a residential ranch or home for months after his second time in an inpatient rehab and once in outpatient, this is not a good situation; what can i do to help my son? During a divorce, these competing rights might seem to be at odds. My daughter didnt agree to share custody with her sons paternal grandparents, she agreed to share with her sons father. 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 . What can she do? When they go out the will do a report, or in DCFs case an investigation. the girlfriend refused to give the kids back? He has done this in the past, but the whole last month he has refused to answer his phone or return my calls.

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