Help!! How can a parent whom left state w/child ends up getting good visitation

[BlueHawksinAz]

What is the name of your state? Arizona. I'm needing some understanding to all this and what I can do to stop her. Mother did have sole custody with our son. She left back in Dec with him and cut off all Communcation. Went to court, mother found to be in comtempt, went to GA to pick him up. Was awarded Sole custody and beileve the worst was over. But by far it is not. Last week went back to court, I could not beleive it and with out any reason. This hearing schedule was for something eles. The time allow 15 mintues. This was no way given the proper review with all the facts to make such and order. Let me explain
The mother still lives in GA, Arizona is his home state and still is. I got sole custody. Last week the judge order that if the mother was to come and visit, she needs to give me 3 days notice and pick up out son and be allow to keep him for 7 days, but not allow to leave the state and he would be return to me for 3 days. It states if she contines to stay it would be another 7 days with her and 3 days with me. What in Gods name happen here and where is the justice. How could a parent just get up and leave the state taken their children put her in violation of our court order. Then to go underground cutting all ties. Having to due many of skip tracing and making out police report and charges being brought up on her for violating and denying me access. Then on top of it all dont show up in court and was found in comtempt. More, I was able to get a hold of a letter persoanlly written by his old teacher sent to the mother. This teacher allow her self to be influence by the mother. Coming to find out when I request school records I was lie to. The letter admits this and involving other staff memeber we are praying for you and the boys to be safe, you can count on us, we will try not to give out info, but once records go to the dirstric we can atop him. Guess what we file a law suit against this teacher due to her own admission stated in the letter which violated my rights and Ethic Code and unprofessional conduct. Please if some knows of any case law or where I can get assistance with organizetion that help Dads let me know and any other ways to enforce a visitation that any judge has restrict and imoppsed upon that has committee such acts

 

[dallas702]

Look in the phone book or contact a family law attorney to see if you have an ERDF chapter (equal rights for divorced fathers) in your area. The judges order sounds strange,and would make it very easy for the mother to skip the state and run with the child. Personally, I'd just have to be somewhere else when she showed up. Was this the AZ judge who ordered this visitation? If so, forget what I said about not being there. If it was the GA judge, who cares?!

How many times do you think she will make the trip from GA, or is she planning to move back? I don't get your comments about the hearing. You always have a right to defend your position of custody. Who filed for the hearing?

 

[NVdad]

Just my take...

About the teachers, don't be so harsh. I'm sure they are good people, it's just that YOUR EX LIED TO THEM! I think that because of the part where it says "we'll keep them safe". I am sure your ex told them they were in danger from you... which they were, in her mind, in danger of you getting them back, and she was in danger of getting caught if you found out where they are.

As to the visitation, sorry, but no matter what happened (unless she endangered them or is unfit) she will get visitation. Thats the way it is. (I know, I'm going thru a similar thing here. For the kids sake I won't deny her contact with her mom after I get her back) BUT, that said, if it is a one week visit, the court order is not that far off base for her mom to get 7 days once or twice a year. I am sure the courts thinking is that the mom will visit once or twice a year, for one or two weeks. But you need to go back and refine this order. You really deserve more than 3 days notice, 7 is reasonable. If her "visit" lasts more than 2 weeks, this is not good for the child, especially during the school year. You need to modify it in case she comes back to "permanently visit" so that after 2 weeks the schedule reverts to weekends with her mother, or something like that.

Yea, 15 minutes is not a lot of time. Courts are backed up because of things like this. And they will continue to be as long as there are no real penalties for wrongdoing. People learn there are no serious consequences for misbehavior and contempt and they just keep doing the same things. The courts have to start slapping some of these people on the wrist!

 

[LdiJ]

While I agree that 3 days notice is quite short, otherwise this appears to be a visitation order that is very much in YOUR favor. There is no set schedule of any kind, which the judge could have easily made....and mom has to visit in YOUR state....she doesn't get to have the child visit in her home.

Did you believe that the judge was going to give her no visitation at all? Do you really believe that is in the best interests of your children.? Yes, she behaved very badly towards you but that doesn't mean that your children don't need to have their mother in their life.

 

[BlueHawksinAz]

Look in the phone book or contact a family law attorney to see if you have an ERDF chapter (equal rights for divorced fathers) in your area. The judges order sounds strange,and would make it very easy for the mother to skip the state and run with the child. Personally, I'd just have to be somewhere else when she showed up. Was this the AZ judge who ordered this visitation? If so, forget what I said about not being there. If it was the GA judge, who cares?!

How many times do you think she will make the trip from GA, or is she planning to move back? I don't get your comments about the hearing. You always have a right to defend your position of custody. Who filed for the hearing?

He is the same judge that found her in comtempt and gave me sole custody. The last thing he did put in the order is not allow to leave the state. What go that will do. What the judge said. mother come to visit needs to give 3 days in advance. Upon picking up our son she will have him for (7)seven days and return for 3days, should she continue to stayin Az she would get him for another 7 days and father 3 days. She just left the state Dec 2004, having our son back this Apirl, not once has she been back.
As for her plans moving back, have not heard anything from anyone. But the way the order is set up, I belive she would come back stay several weeks and then take off. About the hearing- is was previous schedule for updating to the fact, we went with orders back,to GA and pick up my son and letting the judge know his living status. There is more, at our evidently hearing was able to show some neglect failing to see that our son need counsling and behavior coach because of his communcation disorder, she fail to contiune with other medical things included dental. Now we are to attend medetion 25th of july and if not able to resolve another evidently hearing Aug 10, 2005. awhile my son was in his mothers care, she feel to getting him the help he needs because of his disablities. Does anyone have a parenting visitation plan that fits this case.

 

[BlueHawksinAz]

While I agree that 3 days notice is quite short, otherwise this appears to be a visitation order that is very much in YOUR favor. There is no set schedule of any kind, which the judge could have easily made....and mom has to visit in YOUR state....she doesn't get to have the child visit in her home.

Did you believe that the judge was going to give her no visitation at all? Do you really believe that is in the best interests of your children.? Yes, she behaved very badly towards you but that doesn't mean that your children don't need to have their mother in their life.

I belive it was in her favor. Got the mintue entry today, the mother would have visitation time as to: given 3 days notice and the mother would pick up our son and she would be allow to have (7) days and return to father for(3)days and if that she desides to stay longer will contiuen with the same her (7)me (3). This is the same judge, that found her in violation or orders and contempt with a civil warrant waiting for her to return. She is also being brought up on felony charges because of it too. I'm very concern and scare, because of what the order says and the langage would allow her to interputed it very differnt. This is just the way her line of thinking is, Boy if I dont say anything and dont let on that I've moved back, I'll have my son once again. I'm not saying she cant have visitation, but doesn't sole custody out weight and limits the visitaiton that was grant here. It seems the judge is using visitation visit more as a custody in this case. Is there any web site that could give me examples of visitation plan for this. Believe me, I think she would move back thinking and keeping this in mind would be the same orders put into place. I'm just very scare knowing this doesnt protect my son best interest and two her family conspire in on what she was doing back in DEC. We go into medetation on july 25 and if that does not work it all out, I once again have a Evidently hearing Aug 10. I'm at alose and running out of time

 

[jimrhonda]

In the same boat

Wisconsin-

We're in the same boat kind of....my "ex" left he state with my kids in March of 2004. She told me it was only going to be for a month, but of course she called at the end of that month and said they weren't coming back, and now she is interferring with me being able to see them. I've talked to the family court commissioner, family court judge, and the gaurdian at litem, and none of them are doing anything? I've done some research on line (state stautes) and as parents we have the right to all legal documentation of our children unless you've committed a hanious crime such as homicide, etc. Does that help? Any advise for me?

 

[BlueHawksinAz]

Hope this helps

Wisconsin-

We're in the same boat kind of....my "ex" left he state with my kids in March of 2004. She told me it was only going to be for a month, but of course she called at the end of that month and said they weren't coming back, and now she is interferring with me being able to see them. I've talked to the family court commissioner, family court judge, and the gaurdian at litem, and none of them are doing anything? I've done some research on line (state stautes) and as parents we have the right to all legal documentation of our children unless you've committed a hanious crime such as homicide, etc. Does that help? Any advise for me?

Has there been any papers from that parent, asking for a transfer of the case? If not then go down right away and file papers for violating any custody or visitation you have. By doing this it keeps the case in the your home state which would have control over the residing issues. The other parent if file already needs to show a cause as to the urgency for it to tranfer
I acted very quickly when I found out she left dec 5. Went right down to estblish showing her is violation of orders. I file first, now if she would have I dont know what would of happen. I could try to explain more, if I knew what has been done and file so far. Hope this help.