Terrified

[kayless]

What is the name of your state? NY

I have sole custody, the child is now 18. I was stalked and harassed by her father, police were unwilling to assist unless there was physical evidence the threats that were made against me. I sincerly thought my life was in danger and had no one to help, so I moved out of state. I was not advised that I needed to notify the courts, the police were involved to the extent that they escourted me out of the city knowing I was leaving the state with the child. The father has now decided to file a complaint with the court 6 months after the child turn legal age. Will the courts acknowledge the complaint? I honestly believe that if I return he will get me.

 

[BL]

What is the name of your state? NY

I have sole custody, the child is now 18. I was stalked and harassed by her father, police were unwilling to assist unless there was physical evidence the threats that were made against me. I sincerly thought my life was in danger and had no one to help, so I moved out of state. I was not advised that I needed to notify the courts, the police were involved to the extent that they escourted me out of the city knowing I was leaving the state with the child. The father has now decided to file a complaint with the court 6 months after the child turn legal age. Will the courts acknowledge the complaint? I honestly believe that if I return he will get me.

Please fill in the Blanks :

When you Left NY how old was the child then ?

Is this a civil contempt complaint , or Criminal , or both ?

What sort of Actions did the other Parent take to demand any of his rights since then , besides filing this complaint .

Was the other Parent paying child support ?

Is there any arrears owed ?

If this is just a civil contempt Petition , depending on the amount of time that has lapsed between when you left and now , and what actions the other Parent has taken to demand their rights , you might be found in civil contempt but no sanction imposed , or a sanction might be ordered .

If you do not appear and and the court hears his testimony , if a contempt sanction was ordered IE: Jail , it is unlikely the NY would , or the other State enforce it unless you were in NY , and they got you on a bench warrant . Civilly .

If there is CS arrears owed , this might be happening so he can use the decision to get the arrears orders terminated during a time his visitation rights were denied or interfered with , at a CS hearing .

Challenging Jurisdictions won't cut it either , as the Father remains in NY , because of the reprehensible conduct .

Note: I was the Petitioner in such actions .

 

[kayless]

The child was 13 at the time and had no interest in seeing him, that is why he was showing up at places where he knew she would be when he was in the area and did not have a better offer on something to do. There is documented drug and alcohol abuse on his part as well as a vehicular assault against me and a diagnosis of bi-polar disorder.

He changed the year of the child's birth and the placed a questionmark on the form to make her 17 on the order from Family court. So far this is all just in Family Court. Family court did the birth certificate when she was born so they should have proof of age on file.

He made a motion for custody was he was in jail for a felony drug posession charge and did not appear in court so it was dropped. Since then he has not bothered with the kid at all. We know he is currently unemployed so he has time on his hands or someone told him he should do this. He was making some token child support for a while when he was employed. According to the support department he owes over $10,000.00. I did just get some money in the past month. His visitation was to be supervised, the court appointed my mother for the visitation supervision. He has appeared at the court on one occasion after avoiding "jurisdiction" and threatened a courthouse worker.

We are far away, he does not know where we are. The child is in her senior year of high school and preparing for college. Both of us are scared. This can damage her graduation requirements from state to state and it also prevents college enrollment.

 

[BL]

The child was 13 at the time and had no interest in seeing him, that is why he was showing up at places where he knew she would be when he was in the area and did not have a better offer on something to do. There is documented drug and alcohol abuse on his part as well as a vehicular assault against me and a diagnosis of bi-polar disorder.

He changed the year of the child's birth and the placed a questionmark on the form to make her 17 on the order from Family court. So far this is all just in Family Court. Family court did the birth certificate when she was born so they should have proof of age on file.

He made a motion for custody was he was in jail for a felony drug posession charge and did not appear in court so it was dropped. Since then he has not bothered with the kid at all. We know he is currently unemployed so he has time on his hands or someone told him he should do this. He was making some token child support for a while when he was employed. According to the support department he owes over $10,000.00. I did just get some money in the past month. His visitation was to be supervised, the court appointed my mother for the visitation supervision. He has appeared at the court on one occasion after avoiding "jurisdiction" and threatened a courthouse worker.

We are far away, he does not know where we are. The child is in her senior year of high school and preparing for college. Both of us are scared. This can damage her graduation requirements from state to state and it also prevents college enrollment.

Just because a 13 year old doesn't want to see a Parent , it IS ordered by a Court and must be followed by the Parents .

While you state you didn't not realize you could leave State , if you were actually in court , you have no defense against the move if it was ordered .

2 strikes against you .

Now , If he don't know where you are , how were you served the court's summons ?

Or did you again Flee , when you were served ?

The fact still remained , he had visitation rights , even IF they were supervised .

He might just be trying to get his CS arrears reduced or Zero'd out , and have you sanctioned for revenge

Plus if the 18 year old is still in school or college , he still may be having to pay CS .

 

[kayless]

Just because a 13 year old doesn't want to see a Parent , it IS ordered by a Court and must be followed by the Parents .

While you state you didn't not realize you could leave State , if you were actually in court , you have no defense against the move if it was ordered .

2 strikes against you .

Now , If he don't know where you are , how were you served the court's summons ?

Or did you again Flee , when you were served ?

The fact still remained , he had visitation rights , even IF they were supervised .

He might just be trying to get his CS arrears reduced or Zero'd out , and have you sanctioned for revenge

Plus if the 18 year old is still in school or college , he still may be having to pay CS .

I was told of this going on by someone I have not seen any formal paperwork. I am sitting here now jumping every time there is a noise outside. From what I do know he is supposed to pay till she is 21.

 

[BL]

I was told of this going on by someone I have not seen any formal paperwork. I am sitting here now jumping every time there is a noise outside. From what I do know he is supposed to pay till she is 21.

He has every right to file a contempt or Modification Petition citing the contempts , including moving out of state and secreting the child's whereabouts completely frustrating his visitation rights , although if in fact he filed after the child was 18 , it most likely would be dismissed .

He also has every right to file a modification of child support due to the move and secretion , and denial of visitations .
Whatever your fear was/is , he should NOT have to pay child support for the period of the denial . You should do the right thing regarding that issue .

You will have to be properly served a summons before any actions can take place .