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Can she do this?

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What is the name of your state (only U.S. law)? IL

My ex girlfriend and I have a child together. We were together for the first 2 years after the birth. When we split up my ex moved in with her parents with our child. She stayed there for the next year and a half. I fought for visitation because my ex would not let me see my child after I got remarried. It took almost 6 months to get my visitation rights established.

Now my ex has moved out of her parents home and to a different county. She has taken my child with her and refuses to tell me where she is living now. Her parents told me she moved in with a guy who just got out of jail for beating up the mother of his child and he is not allowed to have visitation with his own children. Her parents say that she leaves our child with this guy while she works 12 hour shifts. My child told me that he was spanking her. I called DCFS but they said since there were no bruises that they couldn't do anything, which seems like crap to me.

Does my ex have the right to move and not tell me where she is keeping my child? And does she have the right to endanger my child by having the guy around?

Also she has violated our visitation order since she moved she says she doesn't have the gas money to drive the 50 miles to our drop off point which she picked out when the visitation was put in place. The police wrote her a ticket but it has never been given to her because she has been having her mother bring our child to me trying to avoid this. I read somewhere that if the custodial parent moves and does not notify the non custodial parent within 15 days that this is considered kidnapping. Is this true?

I served her with custody papers and have not seen or heard from her since. She missed one visitation since then and has had her mother bring her to the other visitations. I am not sure if I have any chance of getting custody or not but I want to try. I cannot afford a lawyer so it makes it more difficult but neither can she.

One more thing, she wasn't letting her parents see our child either until recently. She will only let them keep her if they give her money. If they give her gas money the child can stay for 1 night but if they give her $200 she will let the child stay the whole week. When I picked my child up last weekend for visitation I was told that they had had the child for 2 weeks straight and was planning on keeping my baby as long as they could afford it. Is their anything I can do about this? I feel that my ex is selling our kid.
 


What is the name of your state (only U.S. law)? IL

My ex girlfriend and I have a child together. We were together for the first 2 years after the birth. When we split up my ex moved in with her parents with our child. She stayed there for the next year and a half. I fought for visitation because my ex would not let me see my child after I got remarried. It took almost 6 months to get my visitation rights established.

Now my ex has moved out of her parents home and to a different county. She has taken my child with her and refuses to tell me where she is living now. Her parents told me she moved in with a guy who just got out of jail for beating up the mother of his child and he is not allowed to have visitation with his own children. Her parents say that she leaves our child with this guy while she works 12 hour shifts. My child told me that he was spanking her. I called DCFS but they said since there were no bruises that they couldn't do anything, which seems like crap to me.

Does my ex have the right to move and not tell me where she is keeping my child? And does she have the right to endanger my child by having the guy around?

Also she has violated our visitation order since she moved she says she doesn't have the gas money to drive the 50 miles to our drop off point which she picked out when the visitation was put in place. The police wrote her a ticket but it has never been given to her because she has been having her mother bring our child to me trying to avoid this. I read somewhere that if the custodial parent moves and does not notify the non custodial parent within 15 days that this is considered kidnapping. Is this true?

I served her with custody papers and have not seen or heard from her since. She missed one visitation since then and has had her mother bring her to the other visitations. I am not sure if I have any chance of getting custody or not but I want to try. I cannot afford a lawyer so it makes it more difficult but neither can she.

One more thing, she wasn't letting her parents see our child either until recently. She will only let them keep her if they give her money. If they give her gas money the child can stay for 1 night but if they give her $200 she will let the child stay the whole week. When I picked my child up last weekend for visitation I was told that they had had the child for 2 weeks straight and was planning on keeping my baby as long as they could afford it. Is their anything I can do about this? I feel that my ex is selling our kid.

Dude you can't be serious "Selling your kid":rolleyes:
 

Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? IL

My ex girlfriend and I have a child together. We were together for the first 2 years after the birth. When we split up my ex moved in with her parents with our child. She stayed there for the next year and a half. I fought for visitation because my ex would not let me see my child after I got remarried. It took almost 6 months to get my visitation rights established.

Now my ex has moved out of her parents home and to a different county. She has taken my child with her and refuses to tell me where she is living now. Her parents told me she moved in with a guy who just got out of jail for beating up the mother of his child and he is not allowed to have visitation with his own children. Her parents say that she leaves our child with this guy while she works 12 hour shifts. My child told me that he was spanking her. I called DCFS but they said since there were no bruises that they couldn't do anything, which seems like crap to me.

Does my ex have the right to move and not tell me where she is keeping my child? And does she have the right to endanger my child by having the guy around?

Also she has violated our visitation order since she moved she says she doesn't have the gas money to drive the 50 miles to our drop off point which she picked out when the visitation was put in place. The police wrote her a ticket but it has never been given to her because she has been having her mother bring our child to me trying to avoid this. I read somewhere that if the custodial parent moves and does not notify the non custodial parent within 15 days that this is considered kidnapping. Is this true?

I served her with custody papers and have not seen or heard from her since. She missed one visitation since then and has had her mother bring her to the other visitations. I am not sure if I have any chance of getting custody or not but I want to try. I cannot afford a lawyer so it makes it more difficult but neither can she.

One more thing, she wasn't letting her parents see our child either until recently. She will only let them keep her if they give her money. If they give her gas money the child can stay for 1 night but if they give her $200 she will let the child stay the whole week. When I picked my child up last weekend for visitation I was told that they had had the child for 2 weeks straight and was planning on keeping my baby as long as they could afford it. Is their anything I can do about this? I feel that my ex is selling our kid.
Why haven't you filed contempt against her due to the fact that she moved without giving notice? Serve her at her last known court address.
 
I have served her with a summons that I am suing for custody. I am supposed to get a court date tomorrow then I will send a notice of hearing to her last know address. I have not had any help when trying to enforce visitation or anything. Everyone keeps saying that they can't do anything because she is the custodial parent.
 

LdiJ

Senior Member
Just for the record, this part is NOT true:

I read somewhere that if the custodial parent moves and does not notify the non custodial parent within 15 days that this is considered kidnapping. Is this true?
 

PQN

Member
One more thing, she wasn't letting her parents see our child either until recently. She will only let them keep her if they give her money. If they give her gas money the child can stay for 1 night but if they give her $200 she will let the child stay the whole week. When I picked my child up last weekend for visitation I was told that they had had the child for 2 weeks straight and was planning on keeping my baby as long as they could afford it. Is their anything I can do about this? I feel that my ex is selling our kid.
If your court order say that you return the baby at a certain time and place, be sure to be there with the baby but if she doesn't show, you do not need to give the baby back to the grandparents. If mom is AWOL, just keep the baby until she returns.
 
I spoke to the state's attorney and she said that I have to give my baby to her grandmother if she shows up to the visitation drop off place. She said that Deana can have anyone she wants act as her agent and pick up our child and there is nothing I can do about it. I went to the circuit clerk today to get a court date and they wouldn't give me one. They said that Deana had been in with a paper and that she was going to mail me a copy so right now I'm at a stand still. I feel like the law is totally on her side and there is nothing I can do to make this situation better.
 
I have another question but thought I'd better ask it in this same thread since you all seem to get very upset when people start a new one.

My question is: My ex has violated visitation on 2 occasions now. She has been issued a ticket both times. I am wondering if anyone knows if this will help me when we go to court on Jan 13?

She had excuses both times. The first was that my daughter was sick and the doctor said she couldn't come. Which turned out to be a lie. The truth was that my daughter had bruises and Deana didn't want me to see them. A DCFS report was made and she is currently under investigation. Deana's parents took pictures of the bruises and I called in the report. Through DCFS I found out that since the investigation started my daughter has been living with her grandparents again. Deana's live in boyfriend also has several orders of protection out against him. All his family members including his children.

The second violation was Christmas Eve. She said that she didn't know that I had visitation because she didn't have the visitation papers with her. She left them at her mom's house when she moved. She said she was at work and could not bring my daughter.

I insisted that she get ticketed for both violations.
 

Ohiogal

Queen Bee
I have another question but thought I'd better ask it in this same thread since you all seem to get very upset when people start a new one.

My question is: My ex has violated visitation on 2 occasions now. She has been issued a ticket both times. I am wondering if anyone knows if this will help me when we go to court on Jan 13?

She had excuses both times. The first was that my daughter was sick and the doctor said she couldn't come. Which turned out to be a lie. The truth was that my daughter had bruises and Deana didn't want me to see them. A DCFS report was made and she is currently under investigation. Deana's parents took pictures of the bruises and I called in the report. Through DCFS I found out that since the investigation started my daughter has been living with her grandparents again. Deana's live in boyfriend also has several orders of protection out against him. All his family members including his children.

The second violation was Christmas Eve. She said that she didn't know that I had visitation because she didn't have the visitation papers with her. She left them at her mom's house when she moved. She said she was at work and could not bring my daughter.

I insisted that she get ticketed for both violations.
Good for you for insisting. If the child is living with grandma then quite frankly the child should be with you. Why have you returned the child to grandma and grandpa's if mom is not there? Deana is responsible for knowing when visitation is. Also bruises are NOT a good thing and at that point you should have filed for an emergency suspension of visitation for her and emergency custody for you.
 
The sheriff said I had to give my daughter over to her grandmother or he would be forced to remover her and give her over himself and I would recieve a ticket. He said he called the state's attny and that is what she said he would have to do.

I have filed custody papers but we don't go before the judge until Jan 13. The DCFS agent said that he can't testify until his investigation is over which won't be until Fed 8.
 
update

I went to court today to get an order of protection for my daughter against her mother and the live in boyfriend. Last Thursday, the bf was arrested for disorderly conduct. He and mom got into an arguement and he slapped a plate out of my daughter's hand and a bowl out of mom's hand. Mom called the police and had bf arrested. Then she took my daughter in tow to the jail to bail him out. Since he didn't actually strike anyone it was only disorderly conduct and not domestic.

The protective order was granted against the bf but not the mom. Mom was ordered to move out of bf's apartment and back in with her parents. She was also ordered to not have my daughter around bf at all.

Well when they all left the courthouse together and got in her car and drove off. Before I went home I drove by bf's apartment, and sure enough there was her car parked outside. I had my camera so I took a picture of her car. She has no intention of following this court order.

What can I do about it?
 
just a suggestion

I have absolutely no legal advice. But couldnt she say the picture was taken from before the court hearing? Next time you take a picture I would invovlve something with a date inside the same picture as what you are taking to prove what the date was .

For example. Your taking a picture of moms car in front of bfs apartment. In the SAME picture have a news paper/reciept with that days date on it so it shows when the car was there...ya know? I know it would be hard to get that in the pic with out mom seeing you but all she would have to do is say that picture was taken before.

Just my two cents.
 
I was told at the courthouse that a camera with a date and time stamp would do to tell the time of the photo. I plan on going back by the apartment later tonight and taking another pic and again in the morning. I don't know what I can really do with these but I would think she would be in contempt of the order of protection. The only reason she wasn't a party to the OP was because she told the judge that she moved out last Friday and didn't want anything to do with the bf anymore (which I knew wasn't true cause she is now pregnant with his baby). Then 10 seconds after we leave the courtroom she gets in the car with him (which I also took a picture of).
 

CJane

Senior Member
Mom cannot be forced to not be around the BF. Not by anyone.

Prove YOUR CHILD was there. Take pictures of her WITH the boyfriend.

Mom's car being parked somewhere, or mom hanging out with a loser is NOT actionable.
 

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