Mommysheena
Junior Member
What is the name of your state (only U.S. law)? I live in Elk Grove, Ca. Sacramento county.
Our court order specifies 50/50 and that father and I switch every Friday, week on, week off. Though this is not what actually happens.
Brief overview: Father voluntarily abandoned our son when he was 6 months old and decided to come back when he was almost 4. It has been nothing but problems since and major ones at that.
I picked the kids up for my turn on Friday October 11th. I received a text from dad on Monday October 14th stating that he is out of town and his car broke down. Says that he can not get the children on friday because his car part wont be in until monday. He also says that if its a problem, he will have someone else pick them up but they might miss a few days of school. I told father that missing school is not acceptable and that I would, of course, keep them. That next day, Tuesday October 15th, father texts me and says "never mind." I forgot to write back so on Thursday October 17th father texts again asking if I got his message. I told father yes and asked if HE is, indeed, the one who is going to get them. He tells me yes. I told myself that I was going to go to the school to make sure because father lies about everything. I actually took his word this time and gave him the benefit of the doubt. During fathers week, he is to drop the kids off at my house in the morning because they go to my school district. He wasn't here which isn't out of the ordinary because he is always late and then doesn't respond to my calls or texts. I text him asking where the boys are and he tells me, "They are at school. You don't need to text me every morning please. If there is a problem, I always text you and let you know." I knew something was up so I went to their school. Jayden tells me that his dads friend kimlee picked them up Friday after school. I said okay, and then she took you to your dad? He tells me no, they have been with her since. Their dad is out of town for work still. Inside I was furious. I had to go to work so I told my mom, since she is on their emergency contact list, to go get them because it is not okay that father is knowingly unable to parent and is having some girl watch the kids while he is out of town. I know that dad is doing this on purpose so that I don't have them more than I already have them.
When my Mom went to go get them, Ajs dad Art was sent to pick Gavin up. He is in Kindergarten, 5 years old and got out early this day. The principal said that its dads week and dad can authorize other people to pick them up so if I am going to challenge this, he would need to call the cops to resolve the situation. I understand where they are coming from because they do not know if he is really out of town or what the situation really is and I didn't want to leave work it being my second week. I explained the situation to Art so that if he understood he would let my mom take them. He says that Aj told him to get them because he was at work so that is what he is going to do. He said Kim is going to pick Jayden (first grader= 7 in dec) up at 2:10 and then pick Gavin up from his house after. I let Art take them to not cause a huge scene because we have mediation this wednesday october 23.
Now, I feel horrible as a mother to have to leave my small children subjected to staying with some girl when their dad hasn't been there since she picked them up. I do not know how any parent in their right mind would think that this is acceptable. I went to my local police station and he told me, as they always do, that i need to speak to an attorney. He said cops cant really get into family law too much. They can only enforce what is on the court order. He advised me next time to put in the court order that when father is out of town, children reside with mother. That does not help me now. He said that I can try to do a standy but that they can not make them give me the children. This is ludicrous to me.
Is it legal for me to go get my children from this girl????
Please help, Thanks.
Our court order specifies 50/50 and that father and I switch every Friday, week on, week off. Though this is not what actually happens.
Brief overview: Father voluntarily abandoned our son when he was 6 months old and decided to come back when he was almost 4. It has been nothing but problems since and major ones at that.
I picked the kids up for my turn on Friday October 11th. I received a text from dad on Monday October 14th stating that he is out of town and his car broke down. Says that he can not get the children on friday because his car part wont be in until monday. He also says that if its a problem, he will have someone else pick them up but they might miss a few days of school. I told father that missing school is not acceptable and that I would, of course, keep them. That next day, Tuesday October 15th, father texts me and says "never mind." I forgot to write back so on Thursday October 17th father texts again asking if I got his message. I told father yes and asked if HE is, indeed, the one who is going to get them. He tells me yes. I told myself that I was going to go to the school to make sure because father lies about everything. I actually took his word this time and gave him the benefit of the doubt. During fathers week, he is to drop the kids off at my house in the morning because they go to my school district. He wasn't here which isn't out of the ordinary because he is always late and then doesn't respond to my calls or texts. I text him asking where the boys are and he tells me, "They are at school. You don't need to text me every morning please. If there is a problem, I always text you and let you know." I knew something was up so I went to their school. Jayden tells me that his dads friend kimlee picked them up Friday after school. I said okay, and then she took you to your dad? He tells me no, they have been with her since. Their dad is out of town for work still. Inside I was furious. I had to go to work so I told my mom, since she is on their emergency contact list, to go get them because it is not okay that father is knowingly unable to parent and is having some girl watch the kids while he is out of town. I know that dad is doing this on purpose so that I don't have them more than I already have them.
When my Mom went to go get them, Ajs dad Art was sent to pick Gavin up. He is in Kindergarten, 5 years old and got out early this day. The principal said that its dads week and dad can authorize other people to pick them up so if I am going to challenge this, he would need to call the cops to resolve the situation. I understand where they are coming from because they do not know if he is really out of town or what the situation really is and I didn't want to leave work it being my second week. I explained the situation to Art so that if he understood he would let my mom take them. He says that Aj told him to get them because he was at work so that is what he is going to do. He said Kim is going to pick Jayden (first grader= 7 in dec) up at 2:10 and then pick Gavin up from his house after. I let Art take them to not cause a huge scene because we have mediation this wednesday october 23.
Now, I feel horrible as a mother to have to leave my small children subjected to staying with some girl when their dad hasn't been there since she picked them up. I do not know how any parent in their right mind would think that this is acceptable. I went to my local police station and he told me, as they always do, that i need to speak to an attorney. He said cops cant really get into family law too much. They can only enforce what is on the court order. He advised me next time to put in the court order that when father is out of town, children reside with mother. That does not help me now. He said that I can try to do a standy but that they can not make them give me the children. This is ludicrous to me.
Is it legal for me to go get my children from this girl????
Please help, Thanks.
