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  #1  
Old 08-21-2005, 06:56 AM
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Join Date: Aug 2005
Posts: 3
Question

non custodial parent fighting freinds of deceased custodial parent


I live in NewHampshire, and my son temporarily resides in Massachusetts, back in 2002, there was a modification decree stating that the child's father could not move or take the child out of state without consent of non custodial parent. The father would not keep me informed of where he was, he knew where I was, and knew how to get a hold of me through my mother, who I always kept in contact with. (I told this to my son's father, the last time I saw my son).

The father let his diabetes go so bad, that he needed several operations, and he was in therepy at a rehab. He put my son in care of freinds of his. and he gave them no imformation except for my first name. Gave them half truths on information where I was. All he told them was that I lived in NH somewhere.

She then went for temporary gaurdianship for my son's medical needs for his adhd. and then posted in the newspaper in MA, ( a paper I will never see)
of the gaurdianship hearing. About 4 months after the Temporary gaurdianship was granted, the father died unexpectedly.

My question is...Do I have jurisdictional rights over my son, being that his father illegally brought him over state lines , without my permission, with him knowing how to get a hold of me?

Thankyou
Proudmom03743

Last edited by proudmom03743; 08-21-2005 at 07:03 AM.
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  #2  
Old 08-21-2005, 07:29 AM
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Join Date: May 2004
Posts: 33,502
Quote:
Originally Posted by proudmom03743
I live in NewHampshire, and my son temporarily resides in Massachusetts, back in 2002, there was a modification decree stating that the child's father could not move or take the child out of state without consent of non custodial parent. The father would not keep me informed of where he was, he knew where I was, and knew how to get a hold of me through my mother, who I always kept in contact with. (I told this to my son's father, the last time I saw my son).

The father let his diabetes go so bad, that he needed several operations, and he was in therepy at a rehab. He put my son in care of freinds of his. and he gave them no imformation except for my first name. Gave them half truths on information where I was. All he told them was that I lived in NH somewhere.

She then went for temporary gaurdianship for my son's medical needs for his adhd. and then posted in the newspaper in MA, ( a paper I will never see)
of the gaurdianship hearing. About 4 months after the Temporary gaurdianship was granted, the father died unexpectedly.

My question is...Do I have jurisdictional rights over my son, being that his father illegally brought him over state lines , without my permission, with him knowing how to get a hold of me?

Thankyou
Proudmom03743
You need to get and attorney and get this into court as quickly as possible.
Do not delay.
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  #3  
Old 08-21-2005, 08:07 AM
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Posts: 28,315
LDi is absolutely correct - this is one you need an atty for ASAP.
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Children aren't coloring books. You don't get to fill them in with your favorite colors.
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  #4  
Old 08-21-2005, 08:35 AM
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Join Date: Jul 2004
Posts: 17,810
While it is true that you should have an attorney, you are here because you don't.
Can you answer some questions.
Is the custody order in NH?
Why don't you have custody?
How old is the child?
What is your visitation order?
Why is your contact through your mother?
When is the last time you had visitation with your child?
When is the last itime you had contact with your child?
When did your child leave NH?
Do you pay child support?
What did you do when you lost contact with your child?
What did you do when you discovered dad died and someone else had custody of your child?
When did dad die and have you contacted either MA courts or social security?
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  #5  
Old 09-17-2005, 04:23 PM
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Posts: 3
Unhappy

re:non custodial parent fighting freinds of deceased custodial parent


I found out that MA has jurisdiction, and that the paperwork was misread for my son's father not to leave my state.

I have a new situation...Temporary gaurdians are telling my son that to enjoy his visits while he has them with me, because when they win...and they will never let him see me ever again.

They are belittling me and my husband to his face, calling us losers, and that I am a freak, and my husband is a jerk, why??? I am thinking because they make more money than us, I guess.
My son wants to see the gaurdian ad- litem to let her know of the emotional abuse they are putting on him, but the gaurdian "mother" if that is what she is....won't let him talk to the GAL.
She has labeled my son a pathelogical liar, hoping no one will listen to him.
the Mrs. Gaurdian, I will call her, tried to convince me of his selfish lies. I told her he only does it to protect himself, when he may be blamed for something he did. Most children do this.

My son has a problem with lying, but only to get himself out of trouble, not on what someone says or does like in this situation. The only thing he may gain is coming home to his Mom, where he belongs, where he himself said he wants to be.

I have searched high and low for an answer on what if gaurdians try to get in the way of parents getting thier children back, my son's father died, and now he wants his mom...where he will feel comfortable in talking about his feelings.
This family has no blood connection to him, the only thing they would benefit is my son's $1000.00 a month survivor's benefits left from his father's SSI/ disability. Whatever that is.

What can I file in court?
HELP
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  #6  
Old 09-17-2005, 04:42 PM
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Join Date: Aug 2005
Posts: 3
Quote:
Originally Posted by rmet4nzkx
While it is true that you should have an attorney, you are here because you don't.
Can you answer some questions.
Is the custody order in NH?
Why don't you have custody?
How old is the child?
What is your visitation order?
Why is your contact through your mother?
When is the last time you had visitation with your child?
When is the last itime you had contact with your child?
When did your child leave NH?
Do you pay child support?
What did you do when you lost contact with your child?
What did you do when you discovered dad died and someone else had custody of your child?
When did dad die and have you contacted either MA courts or social security?

My son is 9, Custody order WAS in NH, I lost custody by default, because my ride did a no show no call after prepayment; I had visitation every other weekend, and I can't set up visits with a father that did not answer his phone...so he accused me of not trying to contact for visits; My mother was the only person who he contacted, and made her swear on ever seeing my son again that she would not let me know where he was. (NH does not have grandparents rights) ;I had an all summer visit with my son last summer from June to the end of August; His father stopped asking for support, because he was living off all his girlfriends;My son went to the gaurdians in April this year, and no I haven't contacted SSI yet, but I just got my son's social security number again after my daughter...being 2...lol...ripped out pages from my planner and it was lost.
when I lost contact from my son...I called everywhere...including the court of which the custody is out of to tell them that he is keeping his information secret, and he won't answer the phone calls....also to which I moved, gave them my new address and phone number, as well as calling my son's school to give his father my change of address, and contact number. Once I found out his father died...I went immediately to NH courts to get a emergency ex-parte order to get him..(not knowing about temp. gaurdianship) my son was to go back to his father after getting out of rehab. But he died, and they stepped in the middle instead of returning him to me for all the bad things they heard...(hearsay) from a man that could not stand me because I left him...why? emotionl and sexual abuse of never taking no for an answer....

Did I regret leaving him because of my son..no...not because of my son...but NO woman should live with a man who says It is your obligation to me as my girlfriend and the mother of my child to have sex with me!"
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  #7  
Old 09-17-2005, 05:45 PM
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Join Date: Jul 2004
Posts: 17,810
You can call the GAL.
You need an attorney.
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