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custodial interference

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sambo584

Member
What is the name of your state (only U.S. law)? ny

this post is not a question but more of a statement...

i have seen many situations and have read many posts here about parents using visitation as a weapon against the other parent. parents denying visitation just because they are upset with the other parent or in a more recent post a father who would not release the child to the mom when the visit was over just because she was late. this behavior makes me angry...these parents are making the kids suffer, these parents have lost focus on whats important......THE KIDS!!!

here is a heads up to those who want to use kids as pawns,and also a manner for the other parent to get these folks to toe the line.

CUSTODIAL INTERFERENCE!!

this is not just a phrease but in most jurisdictions it is a crime and in some states you dont even need a court order to be charged. if you interfer with visitation or the return of the child to the custodial parent you can face these charges...remember when you have visitation that is also technically custody for that time period!the penalties could be a slap on the wrist to a felony depending on the sverity of the situation....

seniors please chime in lets get this info out there for the folks to use and so the kids dont have to be victims!

below are some links with some info on this:
http://www.missingkids.com/en_US/documents/CriminalCustodialInterference.pdf

custodial interference - legal definition

here is the google search link for this and most states come up here, there are way to many to post here. so here it is.

custodial interference - Google Search
 


Zephyr

Senior Member
I just want to add so people do not get the wrong idea....this should not be the first option....motion to enforce, motion for contempt....those are more likely to have favorable outcomes as opposed to someone trying to get a criminal conviction in a civil matter. So while that avenue is certainly there, discuss with an attorney what the best avenue to take in a given situation is, because it can vary from situation to situation.
 

sambo584

Member
Z i absolutly agree with you, this should not be the used as the first defense, this post was made to give some folks a dose of reality that this could be a consequence of their actions.
 

Isis1

Senior Member
you mean steve?? it made me pretty angry too. silly man was under the impression since mom didn't get in trouble he wouldn't either. that was outright disgusting. it was like talking to my two older children's father.

very interesting reading. thank you for the links.
 
I did just hear a story on the news this morning about a mom who was arrested for kidnapping her daughter here in Wisconsin. She is being charged with custodial interference, and the daughter has been returned to the father. I tried finding a link to the story, but I didn't have enough info for a decent google search.
 

sambo584

Member
there was a friend of mine that was behind on child support and paying arrearages and the ex said unless he paid up he would not see the daughter that went on for months so i told him to go to court. well the judge was not pleased and sent the case to the DA for misdemeanor custodial interferance,she was charged and jailed for a short period of time...the judge in this case was outraged that anyone would use their own child for exthortion.
 

LdiJ

Senior Member
there was a friend of mine that was behind on child support and paying arrearages and the ex said unless he paid up he would not see the daughter that went on for months so i told him to go to court. well the judge was not pleased and sent the case to the DA for misdemeanor custodial interferance,she was charged and jailed for a short period of time...the judge in this case was outraged that anyone would use their own child for exthortion.
I am not surprised that happened, but I would caution any NCP considering that route to realize that being behind on support is also something that can get a parent jailed...in other words, it might not always go that way.

Don't get me wrong...its 100% wrong in my opinion for a CP to try to deny an NCP visitation on the basis of not paying child support...however if the NCP's lack of payment has reached the point of warrants...it could pose a problem for the NCP as well to take that issue to court.
 

ProSeDadinMD

Senior Member
I am not surprised that happened, but I would caution any NCP considering that route to realize that being behind on support is also something that can get a parent jailed...in other words, it might not always go that way.

Don't get me wrong...its 100% wrong in my opinion for a CP to try to deny an NCP visitation on the basis of not paying child support...however if the NCP's lack of payment has reached the point of warrants...it could pose a problem for the NCP as well to take that issue to court.
What, exactly is "the point of warrants"? 90 days? 6 months?
 

sambo584

Member
I am not surprised that happened, but I would caution any NCP considering that route to realize that being behind on support is also something that can get a parent jailed...in other words, it might not always go that way.

Don't get me wrong...its 100% wrong in my opinion for a CP to try to deny an NCP visitation on the basis of not paying child support...however if the NCP's lack of payment has reached the point of warrants...it could pose a problem for the NCP as well to take that issue to court.
i agree 100%!!
 

truebluemd

Senior Member
I wasn't evenbashing this time;). It was a legit question...

How does locking up a person for back CS get them to pay? They cant work if their jailed. Its weird. Some states CSE websites have a most wanted list for people who are over a certain a amount in back CS. My ex was about 2k away from making that list for his older child. I guess he didnt want them coming after him.
 

LdiJ

Senior Member
How does locking up a person for back CS get them to pay? They cant work if their jailed. Its weird. Some states CSE websites have a most wanted list for people who are over a certain a amount in back CS. My ex was about 2k away from making that list for his older child. I guess he didnt want them coming after him.
Purges....

I will give you a real life example.

I have a friend who was married to a man who had 4 children from a previous marriage. Her husband couldn't keep a job so the CSE rarely was able to garnish anything from him and she was the primary breadwinner for their family. He wasn't exercising visitation and CS was basically their last priority...because survival was their primary priority. She worked two jobs most of the time because of that.

He got picked up on a warrant with a 5k purge. She begged and borrowed from his parents to come up with the 5k purge. He was so totally freaked out after spending a weekend in jail that paying child support on time became their primary goal in life. He kept jobs and/or worked second jobs to make sure that the support got paid.

Therefore, it does work with some parents...with others, it doesn't.
 

BL

Senior Member
I thought this thread was about interference ?

Talk about purges .

My X was found in civil contempt for interference ( because I was ignorant of the laws before the SOL on criminal ran out ) .

The X was offered to purge the contempt , or serve 30 lousy days .
 

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