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Can child protective services block child from going to Mom for summer visitation????

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m5634

Member
What is the name of your state? ? KS

Before child in this case was born, Mom had lost custody of her 3 oldest children, to her ex-husband. Oldest daughter now lives with Mom & Mom's boyfriend, along with 3 younger kids.

Kansas has always had jurisdiction. Dad didn't get any visitation for child until child was at least 2 yrs. old. Mom had sued & named another man of being the father. That case took 9 months before the case was dismissed, because paternity tests came back negative.

When the mother was living in KS, it was a constant battle to get visitation enforced. Mom constantly moving, and not letting courts & Dad know. Dad had to have police go with him to get child, because of her abusive boyfriend & proof that she wasn't home, so therefore the Dad wouldn't get visitation again. She had been sanctioned by the courts for keeping the child from the Dad more than once.

Dad was awarded custody 6 yrs. ago after mother didn't abide by the court orders to inform the courts & father of moving the child out of state 1700+ miles. Mom took case to court in her new state. Both court hearings there, said the courts there had no jurisdiction & she had to give Dad the child.

Dad finally got physically custody after 3 court hearings & 4 months after new custody order. After Dad was awarded custody, both parents were ordered to mediate visitation for the mother. The mother wouldn't agree to anything. She wanted the child or nothing. She went back to KS to get the order of custody changed back to her. Of course with all the shennigans she pulled, that were on court records, the Judge wouldn't reverse the new custody order.

Mom only buys one-way airline ticket for child. The last 5 summers, Dad has sent child to Mom for approx. 8 wks. Mom could have child earlier than the beginning of June. After looking at court dockets, we figured she doesn't want child there until her or her boyfriend have gone to court for whatever they had recently been charged with.

Because the Mom gives Dad problems every summer when the child should be returned to home state, Dad thought that having a PP would stop the problem of returning the child. DIDN'T WORK.

Mom & step-dad coached the child to say, molestation from Dad's girlfriend, before PP was ordered by the judge. Investigating officiers in both states, said the story they couldn’t let Dad read the report, but what they heard from child was false. Step-dad & Mom both, wouldn't let child talk to Dad, when Dad called. Mom agreed to PP on the 15th of Aug. Judge ordered & signed it on the same day.

Aug. 22nd Mom goes to one of the small towns in the area she lives, and registers child to go to school there. Also signed papers to have child's school records transferred to her state. Puts Step-dad’s name as 2nd parent with his work place & work # in case of emergency. No mention of bio-dad on anything she filled out. Never mentioned bio-dad to staff. Papers she signed says child lives with her.

Aug. 24th hearing of motion for emergency return of child.

Aug. 26th Dad calls to talk to child, Mom wouldn't let him. Mom still tells Dad she's not sending child back.

Aug. 30th Dad calls to talk with child. Mom's phone disconnected. Dad calls police dept. where Mom is living. Officier goes to address, and it's vacant. Neighbor tells officier new address in the town where Mom has just moved. Officier goes to new address, finds Mom & child. Officier tells Mom she's in contempt. Admits that she is, but won't send child back. Mom takes child to pay phone to call Dad, finally after not getting to talk with child for almost 6wks. If Dad hadn't called police when he did, and neighbor hadn't given new address, Dad still thinks he wouldn't have child back.

Aug. 31st judge orders emergency return of child, and threatens Mom with contempt. Child finally returned 4 days later. Child missed almost the 1st 3weeks of school & has to have a TB test. Dad had to reschedule child's dental appt. because of Mom. Mom's lawyer tells judge that Mom has given Dad new address. Dad's lawyer has proof for the Judge, showing that Mom hasn't given Dad new address.

Mom has been stopped by police and charged at least twice for no liability insurance in new state.

For the last 10 yrs. Mom's boyfriend has drug, & alcohol problems. Known drugs that he has used, are cocaine & marijuana. Has had both outpatient & inpatient treatment. Admits that he had mentally & physically abused ex-wife and some of his children. Has been sent to anger management & other related programs by court order. Have court documents of more domestic abuse charges, and admitted guilt and served time in jail. One of the charges against him, also involved his step-daughter, that was a minor at the time. Mom drops NCO in less than a month after each incident. Last fall another charge of domestic abuse. Case hasn't gone to court yet.

Mom & step-dad also running from home state for tax issues. Court dockets show Mom & step-dad haven't been able to pay fines for the various charges & filed bankruptcy.

Last month oldest daughter, 18 yrs. old & junior in high school, gets stopped for DUI, alcohol possession, & driving without valid driver's license. Her hearing was suppose to be earlier this month, but was rescheduled. Court records show, notice sent to daughter, of new hearing date. Notice sent back. Evidently they have moved again.

Have figured they have lived in at least 9 different places in the last 6 yrs. The 3rd address is the only one, Mom obeyed court order to notify court & dad. Mom does everything she can to keep Dad from getting new phone #, with every move.

Dad knew there had been trouble again with Mom & boyfriend, and asked lawyer to look into it. Lawyer blew him off. Family member found some of the above mentioned charges, school registration, etc. after child was returned.

Also found out that the summer before, teenage child from step-dads 1st marriage, was traumatized so badly, child has been in therapy ever since. Teenager won't tell Mom what happened, & refuses to have anything to do with Dad.

With all the court costs, legal fees, travel expenses, etc. for the last 11 yrs. Dad could have saved that money for a good college education for child.

Dad has had same job for 10yrs. & lived in same town for 21 yrs.

Mom doesn't want to work, but has been known to steal from employers in home state, when she did have jobs there.

Both Mom, step-dad, & oldest daughter use other last names. Those other last names are on court documents.

Mom's attorney would have to know Mom's address to send court papers. Is Mom's attorney helping Mom be in contempt when she knows Mom hasn't sent new address to court & Dad?

Dad feels as though his lawyer put his child at risk, physically, mentally & emotionally. Dad still paying attorney.

Should Dad get child protective services involved to help block sending child to Mom?
 


casa

Senior Member
m5634 said:
What is the name of your state? ? KS

Before child in this case was born, Mom had lost custody of her 3 oldest children, to her ex-husband. Oldest daughter now lives with Mom & Mom's boyfriend, along with 3 younger kids.

Kansas has always had jurisdiction. Dad didn't get any visitation for child until child was at least 2 yrs. old. Mom had sued & named another man of being the father. That case took 9 months before the case was dismissed, because paternity tests came back negative.

When the mother was living in KS, it was a constant battle to get visitation enforced. Mom constantly moving, and not letting courts & Dad know. Dad had to have police go with him to get child, because of her abusive boyfriend & proof that she wasn't home, so therefore the Dad wouldn't get visitation again. She had been sanctioned by the courts for keeping the child from the Dad more than once.

Dad was awarded custody 6 yrs. ago after mother didn't abide by the court orders to inform the courts & father of moving the child out of state 1700+ miles. Mom took case to court in her new state. Both court hearings there, said the courts there had no jurisdiction & she had to give Dad the child.

Dad finally got physically custody after 3 court hearings & 4 months after new custody order. After Dad was awarded custody, both parents were ordered to mediate visitation for the mother. The mother wouldn't agree to anything. She wanted the child or nothing. She went back to KS to get the order of custody changed back to her. Of course with all the shennigans she pulled, that were on court records, the Judge wouldn't reverse the new custody order.

Mom only buys one-way airline ticket for child. The last 5 summers, Dad has sent child to Mom for approx. 8 wks. Mom could have child earlier than the beginning of June. After looking at court dockets, we figured she doesn't want child there until her or her boyfriend have gone to court for whatever they had recently been charged with.

Because the Mom gives Dad problems every summer when the child should be returned to home state, Dad thought that having a PP would stop the problem of returning the child. DIDN'T WORK.

Mom & step-dad coached the child to say, molestation from Dad's girlfriend, before PP was ordered by the judge. Investigating officiers in both states, said the story they couldn’t let Dad read the report, but what they heard from child was false. Step-dad & Mom both, wouldn't let child talk to Dad, when Dad called. Mom agreed to PP on the 15th of Aug. Judge ordered & signed it on the same day.

Aug. 22nd Mom goes to one of the small towns in the area she lives, and registers child to go to school there. Also signed papers to have child's school records transferred to her state. Puts Step-dad’s name as 2nd parent with his work place & work # in case of emergency. No mention of bio-dad on anything she filled out. Never mentioned bio-dad to staff. Papers she signed says child lives with her.

Aug. 24th hearing of motion for emergency return of child.

Aug. 26th Dad calls to talk to child, Mom wouldn't let him. Mom still tells Dad she's not sending child back.

Aug. 30th Dad calls to talk with child. Mom's phone disconnected. Dad calls police dept. where Mom is living. Officier goes to address, and it's vacant. Neighbor tells officier new address in the town where Mom has just moved. Officier goes to new address, finds Mom & child. Officier tells Mom she's in contempt. Admits that she is, but won't send child back. Mom takes child to pay phone to call Dad, finally after not getting to talk with child for almost 6wks. If Dad hadn't called police when he did, and neighbor hadn't given new address, Dad still thinks he wouldn't have child back.

Aug. 31st judge orders emergency return of child, and threatens Mom with contempt. Child finally returned 4 days later. Child missed almost the 1st 3weeks of school & has to have a TB test. Dad had to reschedule child's dental appt. because of Mom. Mom's lawyer tells judge that Mom has given Dad new address. Dad's lawyer has proof for the Judge, showing that Mom hasn't given Dad new address.

Mom has been stopped by police and charged at least twice for no liability insurance in new state.

For the last 10 yrs. Mom's boyfriend has drug, & alcohol problems. Known drugs that he has used, are cocaine & marijuana. Has had both outpatient & inpatient treatment. Admits that he had mentally & physically abused ex-wife and some of his children. Has been sent to anger management & other related programs by court order. Have court documents of more domestic abuse charges, and admitted guilt and served time in jail. One of the charges against him, also involved his step-daughter, that was a minor at the time. Mom drops NCO in less than a month after each incident. Last fall another charge of domestic abuse. Case hasn't gone to court yet.

Mom & step-dad also running from home state for tax issues. Court dockets show Mom & step-dad haven't been able to pay fines for the various charges & filed bankruptcy.

Last month oldest daughter, 18 yrs. old & junior in high school, gets stopped for DUI, alcohol possession, & driving without valid driver's license. Her hearing was suppose to be earlier this month, but was rescheduled. Court records show, notice sent to daughter, of new hearing date. Notice sent back. Evidently they have moved again.

Have figured they have lived in at least 9 different places in the last 6 yrs. The 3rd address is the only one, Mom obeyed court order to notify court & dad. Mom does everything she can to keep Dad from getting new phone #, with every move.

Dad knew there had been trouble again with Mom & boyfriend, and asked lawyer to look into it. Lawyer blew him off. Family member found some of the above mentioned charges, school registration, etc. after child was returned.

Also found out that the summer before, teenage child from step-dads 1st marriage, was traumatized so badly, child has been in therapy ever since. Teenager won't tell Mom what happened, & refuses to have anything to do with Dad.

With all the court costs, legal fees, travel expenses, etc. for the last 11 yrs. Dad could have saved that money for a good college education for child.

Dad has had same job for 10yrs. & lived in same town for 21 yrs.

Mom doesn't want to work, but has been known to steal from employers in home state, when she did have jobs there.

Both Mom, step-dad, & oldest daughter use other last names. Those other last names are on court documents.

Mom's attorney would have to know Mom's address to send court papers. Is Mom's attorney helping Mom be in contempt when she knows Mom hasn't sent new address to court & Dad?

Dad feels as though his lawyer put his child at risk, physically, mentally & emotionally. Dad still paying attorney.

Should Dad get child protective services involved to help block sending child to Mom?
Or Dad can ask his attorney to petition the court to order that mom put a bond up before being allowed to visit the child- based on her proven past of not returning the child- so that if she doesn't pay the bond, the child doesn't go. If she does pay the bond, the bond goes to return the child.

I'm surprised no one has filed to stop visitation or request supervised visitation in the home state, after the last failure to return the child.
 

m5634

Member
Lawyer filed papers to withdraw!!!!!

Dad no longer has the attorney to represent him. Attorney filed paper saying he filing to withdraw, because Dad had't paid for services. That statement isn't totally true. In Dec. Dad sent letter stating he couldn't pay the bill in full, but gave him a check that day, and promised to give him a set amount on the same day each month. Dad has all USPS certified receipts showing check was received and has bank statements, showing attorney has cashed the checks. Plus attorney's office has sent invoices, reflecting the received payments.

The fall of 2004 is when the Dad started consulting with this lawyer about the PP. Middle of Mar. 2005 Dad went to attorney's office, to give lawyer a large check for the retainer. Attorney told him at that time it was an open & shut case, and he may get some of that retainer back. The Dad gave the attorney the file and made clear he needed to read all of the file & throughly. Dad told lawyer about Mom, that he didn't know what he was dealing with, until he reads the file. No contract was every signed between attorney & Dad. Attorney verbally tells Dad what his hourly rate is.

Middle of Apr. Dad goes to attorney's office, because he hadn't heard anything from him, and the check hadn't been cashed. Dad found out attorney hadn't done anything because the check had either lost or misplaced. A couple of days later attorney found the check, cashed it, and started working on the case. Records show the attorney sends Mom notice of pending action, USPS 1st class. No signature, or certification!. Dad was upset. If attorney had read the file, he should have known not to send Mom anything with proof that it was sent & received. Of course notice was returned, because they had moved again. Attorney sent papers to same address to be served in person. Server found house vacant. Order for publication was issued in the newspaper, no response from Mom.

After 8 months of Mom not talking with child or dad, Mom starts calling again, wanting summer visitation. Dad says no, not until he gets new address. Mom finally gives new address and sends plane ticket. At end of June Mom finally was served at new address, while the boy was there. Everything is fine for a while, but then she knows the PP will be arriving soon, and that's when the false allegations were made up about the girlfriend molesting child. Mom received PP proposal 6 days after they had child lie to police. So from July 20th until Aug. 13th the father has no idea what the step-dad is talking about. The July 20th conversation was very heated and it's not the 1st time Step-dad has threatened Dad with bodily harm. Everytime Dad calls after that, they pickup the phone & hang up, or simply won't answer.

Aug. 13th a person related to child, calls and speaks with step-dad spouting off the allegations, and said he won't send "HIS CHILD BACK TO KS", and Mom says the same thing. Step-dad tells relative that the child is scared to talk with the Dad. Relative is able to talk with child. Can tell child is being coached from someone there with him. Relative is able to obtain investigating officiers names from both states. Dad had to go to investigating officier in KS to find out what exactly the Step-dad & Mom were alleging. No law enforcement or CPS had contacted Dad about any of this. Both Dad & girlfriend agree on the spot to take lie-detector test. Girlfriend does, and doesn't have any problem passing it. Officiers at that point say Dad doesn't need to take test because there isn't anything to investigate, and because of that, CPS won't be contacted.

Then without a valid reason, Dad's attorney keeps him from going into the hearing. Dad was at courthouse and spoke with attorney before each hearing started. Attorney knew Dad had rescheduled his work with employer and had taken time off of work. After 1st hearing Dad lets attorney know he is not happy about being kept out of the hearing. 2nd & finally hearing attorney pulls the same thing. All 3 hearings ended up taking place in Judges' chambers. Dad's not sure if transcripts exist or not.

Can Dad get file & tape cassette from attorney, when attorney hasn't been paid in full yet?

Doesn't have money for another retainer to hire new lawyer, so what can he do?
 

casa

Senior Member
m5634 said:
Dad no longer has the attorney to represent him. Attorney filed paper saying he filing to withdraw, because Dad had't paid for services. That statement isn't totally true. In Dec. Dad sent letter stating he couldn't pay the bill in full, but gave him a check that day, and promised to give him a set amount on the same day each month. Dad has all USPS certified receipts showing check was received and has bank statements, showing attorney has cashed the checks. Plus attorney's office has sent invoices, reflecting the received payments.

The fall of 2004 is when the Dad started consulting with this lawyer about the PP. Middle of Mar. 2005 Dad went to attorney's office, to give lawyer a large check for the retainer. Attorney told him at that time it was an open & shut case, and he may get some of that retainer back. The Dad gave the attorney the file and made clear he needed to read all of the file & throughly. Dad told lawyer about Mom, that he didn't know what he was dealing with, until he reads the file. No contract was every signed between attorney & Dad. Attorney verbally tells Dad what his hourly rate is.

Middle of Apr. Dad goes to attorney's office, because he hadn't heard anything from him, and the check hadn't been cashed. Dad found out attorney hadn't done anything because the check had either lost or misplaced. A couple of days later attorney found the check, cashed it, and started working on the case. Records show the attorney sends Mom notice of pending action, USPS 1st class. No signature, or certification!. Dad was upset. If attorney had read the file, he should have known not to send Mom anything with proof that it was sent & received. Of course notice was returned, because they had moved again. Attorney sent papers to same address to be served in person. Server found house vacant. Order for publication was issued in the newspaper, no response from Mom.

After 8 months of Mom not talking with child or dad, Mom starts calling again, wanting summer visitation. Dad says no, not until he gets new address. Mom finally gives new address and sends plane ticket. At end of June Mom finally was served at new address, while the boy was there. Everything is fine for a while, but then she knows the PP will be arriving soon, and that's when the false allegations were made up about the girlfriend molesting child. Mom received PP proposal 6 days after they had child lie to police. So from July 20th until Aug. 13th the father has no idea what the step-dad is talking about. The July 20th conversation was very heated and it's not the 1st time Step-dad has threatened Dad with bodily harm. Everytime Dad calls after that, they pickup the phone & hang up, or simply won't answer.

Aug. 13th a person related to child, calls and speaks with step-dad spouting off the allegations, and said he won't send "HIS CHILD BACK TO KS", and Mom says the same thing. Step-dad tells relative that the child is scared to talk with the Dad. Relative is able to talk with child. Can tell child is being coached from someone there with him. Relative is able to obtain investigating officiers names from both states. Dad had to go to investigating officier in KS to find out what exactly the Step-dad & Mom were alleging. No law enforcement or CPS had contacted Dad about any of this. Both Dad & girlfriend agree on the spot to take lie-detector test. Girlfriend does, and doesn't have any problem passing it. Officiers at that point say Dad doesn't need to take test because there isn't anything to investigate, and because of that, CPS won't be contacted.

Then without a valid reason, Dad's attorney keeps him from going into the hearing. Dad was at courthouse and spoke with attorney before each hearing started. Attorney knew Dad had rescheduled his work with employer and had taken time off of work. After 1st hearing Dad lets attorney know he is not happy about being kept out of the hearing. 2nd & finally hearing attorney pulls the same thing. All 3 hearings ended up taking place in Judges' chambers. Dad's not sure if transcripts exist or not.

Can Dad get file & tape cassette from attorney, when attorney hasn't been paid in full yet?

Doesn't have money for another retainer to hire new lawyer, so what can he do?
Does Dad have Mom's address and contact information now?

Does the court order state anything re; Dad being notified of Mom's address/whereabouts?
 

m5634

Member
Yes!

Yes, the PP ordered "Each of the parties shall inform the Clerk of Dist. Court, in writing, of any change of address, name & employer with business address within 7 days of such a change.

Down further in the same PP order it state "Any change of address whether child in state or out of state, shall be immediately revealed to the court by filing a notice thereof with the clerk of court within (7) days, stating the new mailing address, street address, and telephone # of child".

Just spoke with KS clerk of court office. There is no indication of transcripts of last summer's hearings. Judge's court reporter is suppose to call me, and let me know one way or the other if there are transcripts.
 

casa

Senior Member
m5634 said:
Yes, the PP ordered "Each of the parties shall inform the Clerk of Dist. Court, in writing, of any change of address, name & employer with business address within 7 days of such a change.

Down further in the same PP order it state "Any change of address whether child in state or out of state, shall be immediately revealed to the court by filing a notice thereof with the clerk of court within (7) days, stating the new mailing address, street address, and telephone # of child".

Just spoke with KS clerk of court office. There is no indication of transcripts of last summer's hearings. Judge's court reporter is suppose to call me, and let me know one way or the other if there are transcripts.
It's pretty standard language~ I was just checking.

Does Dad have Mom's correct/current address and contact information??
 

m5634

Member
No Current Info

The Mom last called in Dec. The phone # displayed on caller Id is no longer in service. Dad believes they Mom has tried to call, but blocks # where she is calling from, and never will leave any kind of message on answering machine.

Since then we know they have moved again. No new address & no new phone #.

Have reason to believe they maybe living in the same area.
 

casa

Senior Member
m5634 said:
The Mom last called in Dec. The phone # displayed on caller Id is no longer in service. Dad believes they Mom has tried to call, but blocks # where she is calling from, and never will leave any kind of message on answering machine.

Since then we know they have moved again. No new address & no new phone #.

Have reason to believe they maybe living in the same area.
I very rarely advise a poster to break a court order...but, *IMO* this is a situation where I'd risk contempt & not send the child unless/until you are given that information and can verify it is accurate.

IF the Mom ever took it to court for contempt...nothing would happen due to her past of interference, contempt & moving all around haides & back.:cool:
 

casa

Senior Member
Dad can also be proactive and file in court against Mom for contempt of the court order AGAIN...starting the process for denying visitations altogether. He can petition the court to order Mom place a bond prior to visitation (which it sounds like she won't be able to do financially). He can request supervised visitation &/or visitation only in his state/town, etc.

I'm not advocating alienating the child from the Mom...I'm simply saying due to her history and the child's well-being, I would absolutely utilize ANY/ALL options available through court to protect Dad & child from further financial & emotional turmoil.
 

m5634

Member
Thank You Casa!!!!!

I know the Dad can file contempt, how does he go about filing to get visitation stopped without an attorney? We would like to get the ball rolling before Mom finally gives in for Dad to get her # on caller ID. She'll probably due that at the end of May or sometime in June.

I am trying to be proactive, by making phone calls, and asking questions. Do due Dad's work schedule it is hard for him to get some of these things done, that I know I can do for him.

Just spoke with area mental health clinic where child & Dad live. Hopefully they will be able to determine immediately if the child has been brainwashed, intimidated, threatened that his Dad would be harmed, or threatened with being beaten himself. I will get Dad to make an appt. for child ASAP.
 

casa

Senior Member
m5634 said:
I know the Dad can file contempt, how does he go about filing to get visitation stopped without an attorney? We would like to get the ball rolling before Mom finally gives in for Dad to get her # on caller ID. She'll probably due that at the end of May or sometime in June.

I am trying to be proactive, by making phone calls, and asking questions. Do due Dad's work schedule it is hard for him to get some of these things done, that I know I can do for him.

Just spoke with area mental health clinic where child & Dad live. Hopefully they will be able to determine immediately if the child has been brainwashed, intimidated, threatened that his Dad would be harmed, or threatened with being beaten himself. I will get Dad to make an appt. for child ASAP.
Dad should hire an attorney if at all possible. At the very least contact Legal Aid & Pro Bono attorneys. Check into Father's Rights orgs. for any possible resources in your state. Get on waiting lists.

He can peruse www.deltabravo.net for some input/direction...but mostly will have to go to the courthouse of Jurisdiction and research/learn how to file and serve his petitions.

He is still risking Contempt (it's also possible the judge will think both parents are abusing the court order &/or system). But if it were *My* child, based on what you've written, I'd take that chance this time. Definately he needs to follow through legally either way. ASAP
 

m5634

Member
Should I be asking court reporter questions?

My husband at one time worked in law enforcement, and now has planted a seed of doubt as to whether the Judge was actually present at the hearing times.

Husband told me Mom & Dad's attorney could have meant in Judge's chambers and agreed upon everything, with no one else present. The last hearing when the detective was suppose to tesify on false allegations of molestation against Dads' girlfriend, wasn't asked into the judges chambers.

I haven't heard from the court report of Judge that signed the orders. When I do, if there are no transcripts of hearings, what should I be asking??????
 

casa

Senior Member
m5634 said:
My husband at one time worked in law enforcement, and now has planted a seed of doubt as to whether the Judge was actually present at the hearing times.

Husband told me Mom & Dad's attorney could have meant in Judge's chambers and agreed upon everything, with no one else present. The last hearing when the detective was suppose to tesify on false allegations of molestation against Dads' girlfriend, wasn't asked into the judges chambers.

I haven't heard from the court report of Judge that signed the orders. When I do, if there are no transcripts of hearings, what should I be asking??????
You have the court order~ The language is plain. There is no reason for transcripts. The court file/record reflects all prior instances.

Right now she is in contempt of the court order. Period. Dad can file contempt on his own. Have him contact the court clerk if he is not sure what documents to file. He may have to go to the court in person (Not sure if KS has downloadable documents online).
 

m5634

Member
More questions????

I am sure the father is going to file against Mom for contempt of court.

Mom still hasn't notified courts or father of new address, phone#, employer info, etc. Sure she's moved and most likely not at the same job.

Dad asked for forwarding address at her local Post Office. They won’t release info, saying whether or not if she even submitted a new forwarding address.

Since jurisdiction is in Kansas & Mom lives in WA, what hoops does Dad need to jump thru, to at least show he attempted to have her served, when he doesn’t know what her phone # is, where she lives & works? Can motion to modify visitation/PP be filed & served at the same time as the contempt papers?

Then comes the issue of the child’s last name. The child likes using the last name of the Dad. Since Dad wasn’t present at the hospital due to the mother saying someone else was the father, he didn’t have any say in naming the child. The child is almost 12 & the only reason when & why child uses mother’s maiden name is at school, and that’s because the school staff forces him to use it. All communication I have with the child, the child uses Dads’s last name. If the Dad can’t find the Mom to sign for the name change, will the Judge considers Mom’s actions, and allow the name change?

The father is taking the child to be evaluated, to see what brainwashing, threats, etc. the Mom & Stepdad have made to the child. What questions should Dad be asking the therapist? Can any of the negative info about what the child has gone thru during summer visitation with Mom & Stepdad be used in court?

Thanks for any advice!!!!
 

casa

Senior Member
m5634 said:
I am sure the father is going to file against Mom for contempt of court.

Mom still hasn't notified courts or father of new address, phone#, employer info, etc. Sure she's moved and most likely not at the same job.

Dad asked for forwarding address at her local Post Office. They won’t release info, saying whether or not if she even submitted a new forwarding address.

Since jurisdiction is in Kansas & Mom lives in WA, what hoops does Dad need to jump thru, to at least show he attempted to have her served, when he doesn’t know what her phone # is, where she lives & works? Can motion to modify visitation/PP be filed & served at the same time as the contempt papers?

Then comes the issue of the child’s last name. The child likes using the last name of the Dad. Since Dad wasn’t present at the hospital due to the mother saying someone else was the father, he didn’t have any say in naming the child. The child is almost 12 & the only reason when & why child uses mother’s maiden name is at school, and that’s because the school staff forces him to use it. All communication I have with the child, the child uses Dads’s last name. If the Dad can’t find the Mom to sign for the name change, will the Judge considers Mom’s actions, and allow the name change?

The father is taking the child to be evaluated, to see what brainwashing, threats, etc. the Mom & Stepdad have made to the child. What questions should Dad be asking the therapist? Can any of the negative info about what the child has gone thru during summer visitation with Mom & Stepdad be used in court?

Thanks for any advice!!!!
Dad must file in KS then, since they have Jurisdiction.

When filing, Dad can certainly attempt to have Mom served at her last known address~ It will slow down the process if she cant' be served. I'd recommend paying the Sheriff to serve Mom...then there's another record of no one being able to locate her. ;) After a certain amount of time (not sure exact time frame in KS)...he may have to eventually try to serve her by publication in the papers in the area of Jurisdiction &/or the area of Mom's last known address.

Definately a therapist's opinion weighs heavily in court. If the therapist feels that visitation is not in the children's best interest- Dad could request the therapist's records and file that along with any modification.

The child's legal name is the Mom's maiden name. If Dad wants the child to use his last name...he needs to petition the court for it. Since he is informally using Dad's last name and Dad has custody of the child~ Odds are in his favor the judge will allow the name change.
 

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