I lookeed on d net for this and found most pple wil consent with your perspective. can you file something to get that dropped. And does she have a good chance at getting shared custody terminated? If you have such problem or similar He failed two classes. He gets Va benefits as well. Help me please. So what should I expect? This legal battle has been extremely expensive and has labored no results. Be the best mother you can be, that is what is in your power and control not what he does. So, its good you asked rather than just doing it even though you say respectfully deny you would have been in Contempt. 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. My ex-spouse withholds visitation even though our divorce decree states we have joint custody. I live in az. If they pass and you have that intimate time with them it is rewarding. I know my 16 year old does not want to talk to me but, I know for a fact that my 10 year old would love to talk to me. But here in NY they will do everything and anything for the woman up against a man. My court decree (Order of Child Support) says that: Support shall be paid until the child reaches the age of 18 or as long as the child remains enrolled in highschool whichever occurs last. Additionally, the visitation rights may require limitations if your former partner cannot return the kid on the right times or days repeatedly. Single mom So because the only known fact is that there is joint custody however 1 day for visiting the father; you have excessive and arrogant self-confidence in that this Mom cares for his child 24 hours a day every day but 1, and provides transportation, cooks meals, attends to all the kids needs, etc, during this time? If she refuses the child it is contempt of Court (the Court gave the Order so the contempt is against them and that doesnt stand well with them) or if the Court Order is clear then it is interference with custody and the sheriff/law must enforce it by you showing the law/statute in your state for interference with custody. The issue Im having is that my ex wifes mother interrupts my visits, ends the visits 10 minutes from me seeing my son and now is not even showing up. My son is incarcerated for a year and wants to write to his son and call an talk with him, he has visitation rights already in place. We have contacted Child services and the police and had two lawyers and gone to court and NOTHING has happened. My Heart goes out to you!!!! Nichole If you are the mother of the children then you can find out very easily if the grandparents acctually have custody of your children Being as you sound unsure about it, leaves me to assume they are full of crap, because trust me you would know! o.O? Without court order saying otherwise it must be assumed that I have equal parenting rights. ive been on both sides non custodial parant and costodial parant.my x has our son she doesnt bring him on my weekend visition and they wont do nothing. He has been out for a yr and everything since then has been good with him, following his probation etc.. Make sure you think these issues through very carefully as your parents have a tough time as well through the situation and they must be prepared for what may come. I have a 3 year old and 18 month old sons. I need some advice if this is enough evidence to gain custody of the child. My ex wife is very emotional and abusive. But, if youre a threat to taking them away, he has no choice but to treat you as such. He reluctently said yes. He has visitation rights and has threatened to take me to court if I dont make them come!! What can i do. She lives with her father for now BUT is so unhappy. In the end what am I showing my kids by being nit picky? After she refuses, the father has no choice than to go and pick him up, which was all she wanted in the first place. Includes sample forms. I NEED TO KNOW IF MY SONS MOTHER (DOMICILE) PARENT CAN BE ARRESTED AS SHE DOESNT FOLLOW OUR COURT ORDERS FOR VISITATIONS AND CONSTANLY DEVIATES CHANGES IF YOU WILL FROM THEM? Is it possible that the judge will still allow him some type of visitation now. It says the receiving parent has to cover the expenses thats you. My husband and I have had his boys for the past 13 years their mother has been recovering/relaping/recovering/relapsing to to drug addictions her entire life. How long will he be in jail? His father is rarely ever even there. His name is Dr. J Michael Bone from Orlando, Florida. Im wanting to know how this can and should be handled I havent a clue I am willing and able to care for her if her mom doesn want to, she has made several comments that she is tired and dosent want to deal with our daughter right now and that she needs time for her self. Im on the birth certificate, paid child support to her all his life but not through state or court appointed channels. My girlfriend did not want to drive yet another hour so she went back home and is devasted. why was he arrested if after they came and took his son, he hasnt been to that county or even tried calling?? In an attempt to build a relationship with my daughter, I went to the State Police of Oregon and the Sheriffs Dept. I think now if she does do this, she will also do so without telling me, as she knows I feel it is wrong and cruel to remove the kids without the Dads knowledge, so I believe if she does do this, she will just go without telling anyone. Now that I laid the foundation I will pose my question. He kept her for two weeks from her mother and I. I was in the delivery room he wasnt I brought them home from hospital he didnt. I find it sad that you think just because your children have not spent much time with him over the past two years, you are using this as an excuse to try to justify not allowing the kids two months of summer vacation with him. Lots of partners that stunk as boyfriend/girlfriend end up making great parents. Would it not be reasonable to give notice of this change to the other parent? is that true what the girls said. who is in my old situation to try him because he will help you and make I would just document every time Generally, during his custodial/visitation time he is responsible for providing care whether he directly provides the care or finds an alternate caregiver such as his mother or a paid sitter is up to him. We had a separation agreement that she will have the primary custody but I will have visitation for every Saturday. After this has been served and filed it will be adventagious to call DCF (Department of Children & Families) as they will do a report and investigation. Next day she refused to tranfer custody, I called police, they confirmed her refusal but could not do anything since no court order. i live in new york state, and wanting to move. They are court ordered in a very specific parenting plan. Would this affect us getting the children? I have her for 5 weeks in the summer since I live out of state. I have filed child abandonment papers against her and allot of other papers and she is using an attorney that she has been to court against .ANY ADVICE WOULD HELP. He told me to sign my rights over and he wpould never bother me again He has been doing stuff like this to me for the past 4 or 5 years when he gained primary custodion. My ex husband took my 13 year old daughter. If she can afford an attorney you better find a real good fathers rights attorney and make sure they will fight for your benefit which may have to include a modification of visitation including a clause for penury should she violate the court order again. My father in law was told he was to be supervisor over my wife when she has our child in her care and yet he lets her take my 2 year old daughter out on dates with her boy friend.We are not divorced yet,I disapprove can he be charged with contempt of court since he was ordered to watch over things and not let things like this happen. The abuse and violence this child has seen and been through is ridiculous. I have an Ex just like her The court case we were there for was not even a custody case it was a violation of probation case for my son. I dont want my kid to not know his father but neither.of us can financially support the children here in california and he can go to school anywhere. This person is damn right. However, in reality, some departments may be hesitant to do so if the order is not specific clear enough. We followed agreement until last week when she wanted to change. Angela and Metgel, You are ABSOLUTELY SO CORRECTO. Your question has to do with a court order and the discretion of the judge. I took the case to my pos attorney and filed an emergency petition to stop visitation. Thanks! You need to have proof. The courts always go on the side of the women. I have contacted the local police, filed contempt and intereference of custody and am awaiting a hearing. This is not what he deserves. the place they were living was rediculous and screamin fighting and yellin. I get my kids every summer and every other Christmas. He is a veteran of the US Army and was in the first push during the invasion of Iraq. I dont believe its unreasonable for him to ask for and have two full months of time with the children during the Summer when you live so far apart. This will be a long battle and could last for years. She calls me mommy as well. She has been in an off and on again relationship with another man that lives in WV. How do I file tax fraud? Since it was less than a week after the passing of her daughter, no one had gone and filed a petition with the court to be awarded temporary legal custody of the minor children. Can someone who is not related bring a 17 yr old across state lines without parents permission? they said it is a civil matter and I have to take it to court. Any ideas on this. There is evidence the Custodial parent is not supportive of the relationship with the non-custodial parent. My daughter initiated parenting time- the dad refused to communicate to us. My ex and I divorced 6 years ago, They have always had a cell that I provided in order for him to call them or them to call him anytime they want. Her parents (my in-laws) are calling all the shots and will not allow us to communicate with each other. He has held a loaded gun to my head once, and a knife to my throat once. My a sitter, a relative, the custodial parent for that day. My sons father gets our son every weekend from fridays at two to mondays at two. A.H. v. (The biological father lives with his parents & wont pick up his cell phone and I have to call their landline (and they only pick up if everyone is present). Lets say you want to take your child to dinner for their birthday their is nothing stopping him from inviting himself to the activity and you cant make him leave unless an altercation happens. He has taken over $100000 from the mother of the child as well as beaten taken her self pride and dignity away by being abusive. Shouldnt he send him back? That he has no idea how to help her with and cant legally sign consent for medical treatment. Doesnt show? I called the police and expland the sit. Their statute actually accounts for a full 24hour day unlike other states (like Florida) where they account soley on time awake less the time in school and that is the only amount of time to be share as the primary gets all sleeping time as it does not count. Custodial interference is a real legal term and it occurs when one parent attempts to interfere with or disrupt the other parent's physical time with the child. Taffy, by supervisor do you mean for supervised visitation? She was to get on the plane sat evening but when I return home from work to get her and take her she was gone. (Phone book or court referral is a start on learning about how this works. They dont like to but if he calls the police and has them meet him there with the custody order the police will enforce it. My ex husband is a compulsive liar, he is emotionally and verbally abusive, controlling and manipulative, suffers from PTSD, has anger and abandonment issues, was sexually abused as a young child and was occasionally physically abusive to me, (but not the kids) consisting of kicking, slapping and punching me during arguments. If a TDo has been filed and the other parent is not abiding by that Order, for instance I have not seen my son in 10 days. Or do you think that is not a good enough reason for the court to grant me the emergency hearing? The father (never married him) and I established paternitiy/child support in 2000 in Marion County, Fl. Him and his family ganged up on me, pushed me right over the edge. I know its no big deal as im doing nothing wrong here and maybe I should not care in some peoples opinion but I do care and feel like Im being harassed. There was just a contempt against a parent with five counts, including interference with alternate weekends in the summer. told us to work it out on our own, My ex mother in law refused to let me And the funny thing is he ia not even raising him his mother is! Ok I am ready to take this to court Well after two I was getting nervous because Symone was not answering her phone, and then Branden took off from the bus stop(park and ride) to downtown around two thirty. The next time he drove him out of state and his car broke dwown, where-upon they slept for three days in a Wal-Mart parking lot until a stranger offered to let them stay at her house and he took my son there and stayed. You may not agree with his decisions as he may not agree with yours. Mike The Judge over there REFUSED to return the children to USA stating the children are mature enough and their views are to be taken into consideration and that the older child(10 years old) does not wish go back to USA. You might help her win custody by doing that. We are afraid to take them back because she has already threatened us that he will never see them again. The fact that the childs mother is now homelessthe father now has the ability to go to court and claim himself as the more fit parent. How is that possible?? There is a Child Support Enforcement agency in every state but not a Visitation/Parenting Time Enforcement Agency. We love the boys. Under the Child Welfare Act the most suitable parent for a child to reside with is one that will promote a rlationship between the child and its parent. I dont think its safe for him to be with her. 1) Since there is not a court order currently, is this custodial interference? What can I do if I was never served papers notifying me of custody? State of PA- 23PA Const. The ticket (NC parent bought) is round trip and my 16 y/o is supposed to be back late August; the agreement NC father and I made. Required fields are marked *, Copyright 2007-2013 MyFamilyLaw. The 17yo refuses to talk to him or see him and since shes 17, I dont think there is much he can do about that. To answer your question, the police cannot get involved in the case as it is a civil case to be decided by the courts. Their dad has already given my 4 year old PTSD in which he had to do over a year in therapy for, and most recently he coached my son to lie and say that my best friends son sexual lyrics assaulted him. i want to move in with my mom.. Im at the point of taking my stuff and up and leaving, ive asked if i could go live with her and he said if i leave i am never to come back. I only want what is best for my son and Im concerned as he is driving again (a different car). Or, a child could spend equal time with both parents but only one has custody and can make the decisions for the child. Discretion of the women threat to taking them away, he hasnt to. 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