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Sick and tired of my son being neglected!!!

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bethdetroit

Guest
Hello we are from Michigan. My husband has a son who is 2yrs.old the mom dosen't give a hoot about the child. all she cares about is getting back at my ex.
They have a court order stating that she can not move the child out of MI. However she moved him to Colorado and never told anyone untill after she got there. WE just got a court order forcing her to return the child back to MI. The mom never even showed up for the hearing even though she requested an extention so she could have time to show up.
So now we are being told that even if she dosent move back there is nothing the court can physically do. They can put out a warrent, but Co wont enforce it because it would only be a misdomeanor. We were told we have to get it enforced in CO for anything to happen. And that we would need a lawyer to do that. Dose anyone know how to get an order enforced in CO without a lawyer? Or without actually having to go there? Please help any info would be great. The mom has sole custody also But lives with her coke addict cousin who is sleeping with minors. she dosen't care about the child at all she is very selfish and only want to hurt my huband. we cant prove her livving situation in court so I dont know what to do. We have tryed everything we even offered for her to stay with us untill she can get on her feet. She refuses everything and thumbs her nose at the court.
Also will we have to get custody to get this done?
 


kat1963

Senior Member
Why don't you just go ahead and file for custody then? She'd have to come back for the trial, have her arrested on the warrent. Once she's in the slammer, file for a temporary emergency custody order since she is unable to care for the child. You can file for custody yourself. There is alot of information on line and also at your nearest law library. If she doesn't show up for the custody hearing, you win by default.

KAT
 

CMSC

Senior Member
If there is a court order stating she cannot remove the child ffom MI then is that some type of custody order already? If the mother is so bad, you need to file for custody immediatly. If you have a court order saying she needs to return the child to your state does it say she needs to move back or just return the child? What part of colorado does she live in? i used to live in aurora so maybe I could be of some help, I have dealt with custody and support there also.
Kat is right you should file for emergency custody, however, that doesn't mean that she will show up! You need to contact the sherrifs department in the county she lives in and make them enforce that warrant! Call CPS in colorado and tell them that she fled the state of Michigan and there is a warrant and tell them about the environment she lives in (you can call anonymously). If it states in your order she can't remove the child from the state then she is in contempt of court and she could face kidnapping charges, does she have sole custody? How long has she lived in Colorado? What is your visitation schedule like?
 
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bethdetroit

Guest
thanks for the info

She has lived in Co for about 7 months now and has sole custody. we did call CPS about 3 weeks ago and have not heard anything. We think she has moved out of her cousins sence then.
Also in the origional order there was no provision about visitation. But in the new one it says that there is now reasonable visitation, and when the mom returns the child she is to informe us and the court thru a letter and then we are to call the referee and set up an appointment to get a visituation schedual set up.
We were thinking about setting a hearing for custody and then getting an emergency custody order, once she was thrown in jail for the warrent. But what if she dosent show up or what if the judge just gives her a fine or something like that. How do we ensure she will be arrested at court. And how do we if at all possible make it so she is not in jail for long? We dont want to seperate the child for his mom, even though she isn't the best mom, the child is still attached to her and if she was gone for a long time then it could be tramatic for the baby.
By the way how do we get an emergency custody order? Are there any do it yourself forms for it?
Thanks for the info, if you have any more ideas I would really like to hear them.
 

CMSC

Senior Member
I think that if the mother is a horrible influence then it would tramatize the baby more to be around mom than if mom were sent to jail and required to get help. I am a little confused, you want the mom to show up in court because she took the child and you want to get custody and you want her arrested but not for long, if mom is sent to jail she will probably see the baby just as much as if you are awarded custody wither way I thought the point was to keep baby safe?? Go to your county clerks office and file for emergency custody, call an attorney or legal aide and they can help too....good luck.
 
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bethdetroit

Guest
We are trying to keep the baby safe, but both my husband and i are strong supporters of haveing two parents. The child dose not really know my husband and we do not want to cause any undo stress for the child. It would be an easier adjustment for the baby if his mom was around too. even though it will be harder on us adults to be around each other (as my husband and I do not like the mom and I am sure she feeld the same was towards us), but it is our responsibility to give the child a happy life even if that means putting aside our dislike of another person. I want the mom to realize that the court has controll not her and that she can not just take off with a child that has another loving parent, but I do not want the baby to be hurt because of this. We are stuck between a rock and a hard place but we will not jepordize this babys future just because we don't like the mom. Also if we were to get sole custody we would agree to have her not pay support and also let her see the baby whenever she wants, as long as she was also coperating with us and taking good care of the baby when he is with her.
 

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