I ALSO need help REALLY bad!!

[Chamillion]

There's all kinds of history here, OG. He's gotten RO's, she's gotten RO's, he's accusing the grandmother's boyfriend of dealing drugs, he's trying to get the mother's boyfriend investigated for sexually abusing the daughter, it's a mess.

In January he hadn't paid child support in four years due to an informal agreement they had, and he was asking about obtaining custody. You guys told him if he went for custody he could count on the mother filing contempt for non-payment. Guess what happened eight months later? Yeah.

It's all pretty convoluted.

It is a mess, I agree. If only you knew the entire history of it all though. She has only filed for enforcement on me when I moved on with my life with another person. But since Feb 2004, I've had my daughter an averag of 23 days per month. I've got records proving that I provided for daycare, clothes, food, shelter, and even money given to her mom while in my care. I've always had her on my insurance, and even gave her mom my car to drive for over a year until she could afford her own while I paid the note on it. When she finds out I have a baby on the way from my then girlfriend, she was upset and ran off with her. Then when she finds out were engaged, she does it again.

I'm the one that woke up at night when she was a baby and fed her and put her back to sleep. I'm the one that taught her to crawl, walk, feed herself. I potty trained her, took her to the doctor. Paid for all medical expeneses insurance didn't cover, and sometimes FORCED her mother to spend time with her because she'd go a month without bothering.

The ONLY reason were in this mess is because she restricted access to my daughter because she was upset. Otherwise, this never would have happened. Then she moves her child molesting boyfriend in the home with my daughter, her drug dealing boyfriend can't even see his kids, has convictions on his record for all kinds of stuff. I don't know...it just doesn't make sense to me.

 

[>Charlotte<]

I do understand that we have to abide by the order, but if I don't feel that my daughter is going to be safe with just her mother there I feel its just that I do not surrender the child to her.

I understand that, but you cannot defy a court order. If, when you got there, the grandmother was running around the yard holding sparklers in her hands and yelling that she was the Queen Mother and was going to have everyone beheaded then, yes, I could see that. But in the absense of obvious and imminent danger, it just wasn't justified. If you're that worried about Grandma go back to court and have the order modified. Until then, it's a court order, not a court suggestion.

And despite my claim on another thread that I try to back up my posts by researching the law first, I haven't done that here so yeah, I might be wrong. If I am, I will be swiftly corrected.

 

[LdiJ]

I understand that, but you cannot defy a court order. If, when you got there, the grandmother was running around the yard holding sparklers in her hands and yelling that she was the Queen Mother and was going to have everyone beheaded then, yes, I could see that. But in the absense of obvious and imminent danger, it just wasn't justified. If you're that worried about Grandma go back to court and have the order modified. Until then, it's a court order, not a court suggestion.

And despite my claim on another thread that I try to back up my posts by researching the law first, I haven't done that here so yeah, I might be wrong. If I am, I will be swiftly corrected.

You aren't wrong on this one....

 

[frylover]

Not really meaning to hijack, but I'm confused about something.

I've read here over and over that parent's rights superceded ALL. If a school, daycare, or anybody else refuses to release a child to a parent, regardless of whether or not it's that parent's "time", said school, daycare, etc could be in big trouble. It doesn't matter what court orders say, barring some kind of no,contact order, if a parent wants their kid rather than leaving them in the care of a legal stranger, somebody better hand the kid over.

So why would dad be wrong NOT to give the child to grandma? If Dad had shown up to get the child at a time other than his assigned time and grandma had refused to turn the kid over, grandma would have been wrong. From a LEGAL standpoint, whats the difference?

I am not qualified to give a legal opinion on any of this....but I will say that Texans DO love their firearms, dont' they!

 

[Bloopy]

It doesn't matter what court orders say, barring some kind of no,contact order, if a parent wants their kid rather than leaving them in the care of a legal stranger, somebody better hand the kid over.

So why would dad be wrong NOT to give the child to grandma?

Grandma played by the rules and DID let the child go with Dad. You’re trying to argue this in reverse and it isn’t working.

Dad was naughty because by not passing the child over to grandma he was interfering with mom’s time… time that was two hours overdue already.

And saying he had no idea who the crazy in the driveway was? Puh-leeze

 

[frylover]

Grandma played by the rules and DID let the child go with Dad. You&#8217;re trying to argue this in reverse and it isn&#8217;t working.

Dad was naughty because by not passing the child over to grandma he was interfering with mom&#8217;s time&#8230; time that was two hours overdue already.

And saying he had no idea who the crazy in the driveway was? Puh-leeze

Sorry, Bloopy..I don't know why I seem to have offended you. .I was just asking a question about something I was confused about I'm not arguing with anyone, I was just wondering.

 

[Bloopy]

Sorry, Bloopy..I don't know why I seem to have offended you. .I was just asking a question about something I was confused about I'm not arguing with anyone, I was just wondering.

I wasn&#8217;t offended at all&#8230; I wasn&#8217;t slamming you but I can see how it came off badly.

Sorry, I&#8217;ll try to dial down my &#8220;b*tchy&#8221; Seems I&#8217;m flinging it around a lot.

 

[majomom1]

Sorry, Bloopy..I don't know why I seem to have offended you. .I was just asking a question about something I was confused about I'm not arguing with anyone, I was just wondering.

Bloopy doesn't sound offended to me... just correcting your statement.

If Dad had shown up to get the child at a time other than his assigned time and grandma had refused to turn the kid over, grandma would have been wrong.

This is not a true statement. If it was not Dad's time - Grandma does not have to turn the child over. Mom can leave the child with whomever she chooses on her time. Dad cannot just pick the child up any time.

He could pick the child up from school, on mom's time, and the school would not stop him. But Mom would have grounds for contempt if he did this and interfered with her time.

 

[TCool]

He could pick the child up from school, on mom's time, and the school would not stop him. But Mom would have grounds for contempt if he did this and interfered with her time.

If that is interferring with a parents time then why can't the school deny to let the child go with the parent who does not currently have visitation?

The daycare my daughter goes to tells me that can't legally keep her mother from picking her up regardless of court ordered visitation times. So, if your saying that it's contempt for a parent to pick up their child when its not their time then why can't the daycare/school just deny that that parent take the child if the court order is provided to them that lays out the parenting time? For example, why can't I show my daycare provider the court order that lays out the parenting time and tell them the mother of my child is not allowed to pick her up if it is not her parenting time?

Just want to point out I'm not questioning your intelligence here, or saying your wrong, but sincerely confused about this. Because, my daycare told me they absolutely can't refuse to let mom take my daughter unless they are provided with a court order that specifically states that mom can't pick her up from daycare.

 

[Just Blue]

If that is interferring with a parents time then why can't the school deny to let the child go with the parent who does not currently have visitation?

The daycare my daughter goes to tells me that can't legally keep her mother from picking her up regardless of court ordered visitation times. So, if your saying that it's contempt for a parent to pick up their child when its not their time then why can't the daycare/school just deny that that parent take the child if the court order is provided to them that lays out the parenting time? For example, why can't I show my daycare provider the court order that lays out the parenting time and tell them the mother of my child is not allowed to pick her up if it is not her parenting time?

Just want to point out I'm not questioning your intelligence here, or saying your wrong, but sincerely confused about this. Because, my daycare told me they absolutely can't refuse to let mom take my daughter unless they are provided with a court order that specifically states that mom can't pick her up from daycare.

A school/daycare is not a part of the custody order and so is not legally required to follow the order...BUT they can be held legally accountable if they do not release a child to their parent.

 

[TCool]

I see. So, if mom picks up my daughter from daycare when it is not her parenting time I could go after her in court for contempt?

(btw, don't mean to hijack. Think this might be somewhat relevant here to OP since it came up)

 

[Just Blue]

I see. So, if mom picks up my daughter from daycare when it is not her parenting time I could go after her in court for contempt?

(btw, don't mean to hijack. Think this might be somewhat relevant here to OP since it came up)

Yes...although if you are in work and the child is returned to you at the time you would normally pick her up from daycare...whats the damage in that??

 

[TCool]

Yes...although if you are in work and the child is returned to you at the time you would normally pick her up from daycare...whats the damage in that??

No damage, was just curious. Actually, as long as mom lets me know, I don't care if she picks her up from daycare. I've actually been pushing her to spend more time with our daughter. She likes to give up her weekends a lot, and has gone up to a month with no contact with our daughter before.

But anyway, thanks for answering the question. Reading this stuff has the tendancy to make me curious about things, even if its about things that don't have a lot to do with my situation. Stupid desire for learning!

 

[Just Blue]

No damage, was just curious. Actually, as long as mom lets me know, I don't care if she picks her up from daycare. I've actually been pushing her to spend more time with our daughter. She likes to give up her weekends a lot, and has gone up to a month with no contact with our daughter before.

But anyway, thanks for answering the question. Reading this stuff has the tendancy to make me curious about things, even if its about things that don't have a lot to do with my situation. Stupid desire for learning!

Educating yourself is never stupid!!

 

[TCool]

Educating yourself is never stupid!!

LOL, its too bad that more people where I live don't agree with you. You'd be suprised how often I hear "You're going back to college? That's stupid, school sucks!"

Or, even better. "What are you going to do with your daughter while you're in school?"

ME: "The same thing I would do if I were working all day!"