Mom left state

[profmum]

I gave my opinion. Based on what you have stated, you may get a slap on the wrist. That is normal for first findings of contempt. You have not mentioned being in contempt in the past. I told you what is possible for you to do. Tell mom you are taking your four week vacation now. (this is based on the child being older than 18 months).

To avoid contempt and to clarify whether Mum has moved w/o the child or simply allowing the child to spend some time with grandparents during her summer parenting time, OP, are you in a position to clarify this with Mum? As in, " hey if you have moved, then I would like to exercist my summer parenting time starting now?". Mum may be agreeable particularly if there is a legal battle ahead for transferring custody?

 

[profmum]

She also didn't give 60 days notice of her vacation time. Dad's time trumps mom's in this case.

Hmm.. this is a sticky one, I think if he can get Mum to agree to his taking his summer parenting time, then contempt is avoided..Mum maybe willing..

 

[Ohiogal]

She also didn't give 60 days notice of her vacation time. Dad's time trumps mom's in this case.

Hmm.. this is a sticky one, I think if he can get Mum to agree to his taking his summer parenting time, then contempt is avoided..Mum maybe willing..

How is it a sticky time. Neither of them gave sixty days notice. Dad's time trumps mom according to the visitation order. Contempt is avoided if mom realizes. And notice I said he is to contact mom (back on page one of this thread) and notify her that he is taking his time.

 

[CJane]

So let me make sure I have the rules correct -- not only do I have to post case law and statutes,

Why shouldn't you have to? Everyone else is expected to.

be nice to all posters,

I stated that where?

listen to everything LD has to say,

Didn't say that either. No one did.

but I also have to do a best interest analysis of the child when it comes to grandparents and all extended family and make sure that the child should not remain with legal strangers because mom put the child there regardless of the law?

I'm sorry, did Mom violate the law by leaving kiddo with grandparents while she was out of town? Especially since Dad hadn't notified of summer possession and there's no ROFR?

And yes, I think when posting on a custody forum, the focus should be the best interests of the child. Pardon me.

 

[Silverplum]

Why shouldn't you have to? Everyone else is expected to.

Except for Ldij. She can't be bothered. She refuses.

She's speshul.

 

[Ohiogal]

Why shouldn't you have to? Everyone else is expected to.

And I have been posting case law and statutes. I have also spent most of this thread interpreting HIS visitation order.

I stated that where?

My apologies. You did not state that.

Didn't say that either. No one did.

Actually there are those that have. My apologies for incorrectly lumping you in with them.

I'm sorry, did Mom violate the law by leaving kiddo with grandparents while she was out of town? Especially since Dad hadn't notified of summer possession and there's no ROFR?

MOM has not notified of summer possession either. BOTH parties are supposed to. Poorly written but that is the local rule. Dad is not violating the law by having his children for his four weeks. He was told to notify mom.

And yes, I think when posting on a custody forum, the focus should be the best interests of the child. Pardon me.

And per Troxel it is presumed that the parents' decisions are in the children's best interests. Dad stands in equality with mom. And while you may argue that mom is allowed to leave the children with grandparents and her wishes should trump dad, they don't. Elian Gonzalez's family learned that the hard way. So why isn't being with dad in the child's best interests? Because that is the major question.

 

[Just Blue]

And yes, I think when posting on a custody forum, the focus should be the best interests of the child. Pardon me.

I'm confused...Why is it in the childs best interest to be with a legal stranger over a parent??? Could you please explain this to me??

 

[blackshadow]

To avoid contempt and to clarify whether Mum has moved w/o the child or simply allowing the child to spend some time with grandparents during her summer parenting time, OP, are you in a position to clarify this with Mum? As in, " hey if you have moved, then I would like to exercist my summer parenting time starting now?". Mum may be agreeable particularly if there is a legal battle ahead for transferring custody?

Mom is very hard to deal with. I have been trying to contact her and have been unsuccesful.

 

[blackshadow]

I also didn't get to have my parenting time as of yesterday. It is court ordered. So mom will have some explaining to do to the magistrate on july 16 for contempt.

 

[Ohiogal]

I also didn't get to have my parenting time as of yesterday. It is court ordered. So mom will have some explaining to do to the magistrate on july 16 for contempt.

Your midweek? Did you show up to pick up the child at grandma's? File a motion for contempt with notice of hearing if you did show up to pick up the child and grandma said no. File a police report. Grandma CANNOT keep your child from you.

 

[blackshadow]

Your midweek? Did you show up to pick up the child at grandma's? File a motion for contempt with notice of hearing if you did show up to pick up the child and grandma said no. File a police report. Grandma CANNOT keep your child from you.

I've already prepared the contempt and I'm dropping it off at the court house tomorrow. I did file police report and they said why not just let her stay with grandpa. I didn't want to cause a ruckus in front of my daughter.

 

[Ohiogal]

I've already prepared the contempt and I'm dropping it off at the court house tomorrow. I did file police report and they said why not just let her stay with grandpa. I didn't want to cause a ruckus in front of my daughter.

Your answer is because I am the child's father and they are interfering with my custody.

 

[blackshadow]

Your answer is because I am the child's father and they are interfering with my custody.

Yes I did tell them that. They told me to take it to court. Sorry that I did not put that in my last post.

 

[Ohiogal]

Then they are NOT doing their job:

2919.23 Interference with custody.
(A) No person, knowing the person is without privilege to do so or being reckless in that regard, shall entice, take, keep, or harbor a person identified in division (A)(1), (2), or (3) of this section from the parent, guardian, or custodian of the person identified in division (A)(1), (2), or (3) of this section:

(1) A child under the age of eighteen, or a mentally or physically handicapped child under the age of twenty-one; (2) A person committed by law to an institution for delinquent, unruly, neglected, abused, or dependent children;

(3) A person committed by law to an institution for the mentally ill or mentally retarded.

(B) No person shall aid, abet, induce, cause, or encourage a child or a ward of the juvenile court who has been committed to the custody of any person, department, or public or private institution to leave the custody of that person, department, or institution without legal consent.

(C) It is an affirmative defense to a charge of enticing or taking under division (A)(1) of this section, that the actor reasonably believed that the actor's conduct was necessary to preserve the child's health or safety. It is an affirmative defense to a charge of keeping or harboring under division (A) of this section, that the actor in good faith gave notice to law enforcement or judicial authorities within a reasonable time after the child or committed person came under the actor's shelter, protection, or influence.

(D)(1) Whoever violates this section is guilty of interference with custody.

(2) Except as otherwise provided in this division, a violation of division (A)(1) of this section is a misdemeanor of the first degree. If the child who is the subject of a violation of division (A)(1) of this section is removed from the state or if the offender previously has been convicted of an offense under this section, a violation of division (A)(1) of this section is a felony of the fifth degree. If the child who is the subject of a violation of division (A)(1) of this section suffers physical harm as a result of the violation, a violation of division (A)(1) of this section is a felony of the fourth degree.

(3) A violation of division (A)(2) or (3) of this section is a misdemeanor of the third degree.

(4) A violation of division (B) of this section is a misdemeanor of the first degree. Each day of violation of division (B) of this section is a separate offense.

This is under A(1). You could always call the prosecutor and file a complaint directly with the prosecutor for interference of custody. Also make sure that your contempt motion mentions interference of custody.

 

[meanyjack]

And the best interests of the child be damned?

Good freaking Lord. Stop with such dramatics. It's not like Dad is a stranger to the child(ren). I think you're missing another bigger (potential) issue here.

And that is a POSSIBLE status quo coming into play here IF Dad did nothing. I strongly believe there could be more harm to Dad if he sat back and did nothing than if he did. I strongly believe you're overplaying the "best interest" card here.