Looking to see what others think where this is going...

[dragomd]

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

 

[Ohiogal]

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

Don't preview your post as the preview portion eats posts.

 

[TigerD]

At this point, I'm going with "Not far."

DC

 

[dragomd]

Wow, my long story is gone....

Well, I will make it shorter this time. In list form, without all the feeling behind it. A little background on her: PTSD , dissociative disorder. She's a victim of childhood sexual abuse. I tried to help her...lord knows I did...

Wife and I had son, best little guy ever, two weeks later she fled the state to a reservation (she's native american). 2012

She files for a restraining order in md. 2012
She flees for Montana, specifically a reservation, before hearing in MD. 2012
I file for a divorce. ( to bring son home)2012
She files for restraining order in mt. She doesn't it get it. 2012
I filed for emergency custody 3 times...2012
Pendente lite hearing in MD. MD takes all jurisdiction. I get visitation but she got temp custody because she was breastfeeding. She was ordered a psych eval. 2013

She moves to Az.2013
Visitation is every other week on Saturday. Denies visitation 10 times. 2012
Denies 1 more time before merits hearing. 2014
Merits hearing scheduled for 4 days. Only 2 are used because of weather. Rescheduled for may. Psych evaluator testifies for a whole day. Wrecks wife as unfit mother. 2014

Continues to deny visitation, 3 rd contempt order and show cause order. Show cause at merits hearing.

May merits hearings for two days not enough time. Rescheduled for august. Show cause not done.

Visitation is still denied, besides court orders that were made clear to her by the judge.

Why didn't they change custody after all the bad testimony?
Why is there no avenue for relief for visitation. All I could do is file contempt orders.

What does the conclusion look like to everyone?

To me the tender years doctrine cannot possibly work here.

Thanks for everyone lending their eyeballs.

 

[dragomd]

Oh, and love the last statement ohiogal.

 

[LdiJ]

Wow, my long story is gone....

Well, I will make it shorter this time. In list form, without all the feeling behind it. A little background on her: PTSD , dissociative disorder. She's a victim of childhood sexual abuse. I tried to help her...lord knows I did...

Wife and I had son, best little guy ever, two weeks later she fled the state to a reservation (she's native american). 2012

She files for a restraining order in md. 2012
She flees for Montana, specifically a reservation, before hearing in MD. 2012
I file for a divorce. ( to bring son home)2012
She files for restraining order in mt. She doesn't it get it. 2012
I filed for emergency custody 3 times...2012
Pendente lite hearing in MD. MD takes all jurisdiction. I get visitation but she got temp custody because she was breastfeeding. She was ordered a psych eval. 2013

She moves to Az.2013
Visitation is every other week on Saturday. Denies visitation 10 times. 2012
Denies 1 more time before merits hearing. 2014
Merits hearing scheduled for 4 days. Only 2 are used because of weather. Rescheduled for may. Psych evaluator testifies for a whole day. Wrecks wife as unfit mother. 2014

Continues to deny visitation, 3 rd contempt order and show cause order. Show cause at merits hearing.

May merits hearings for two days not enough time. Rescheduled for august. Show cause not done.

Visitation is still denied, besides court orders that were made clear to her by the judge.

Why didn't they change custody after all the bad testimony?
Why is there no avenue for relief for visitation. All I could do is file contempt orders.

What does the conclusion look like to everyone?

To me the tender years doctrine cannot possibly work here.

Thanks for everyone lending their eyeballs.

Is this being heard in tribal court or regular court? I am assuming that by MD, you mean Maryland?

There may be an issue here...tribal courts have jurisdiction over native American children. If its tribal court that is hearing these issues I am uncertain why the judge is not taking stronger action. If its regular court it may be that the judge knows that he/she really doesn't have jurisdiction and is hoping that mom will comply anyway.

 

[Ohiogal]

Is this being heard in tribal court or regular court? I am assuming that by MD, you mean Maryland?

There may be an issue here...tribal courts have jurisdiction over native American children. If its tribal court that is hearing these issues I am uncertain why the judge is not taking stronger action. If its regular court it may be that the judge knows that he/she really doesn't have jurisdiction and is hoping that mom will comply anyway.

Tribal jurisdiction is NOT automatic. Not at all. Don't assume that it is. MD court can very well have jurisdiction over the child.

 

[Ohiogal]

Oh, and love the last statement ohiogal.

What last statement?

 

[dragomd]

My apologies. Maryland has jurisdiction over custody and divorce. She has to fly from Arizona to Maryland, so I can see my son.

Ohiogal, I thought it was a statement at the end about the knife in the back. I see that it is a signature line. I'm a forum noob.

 

[stealth2]

The rest of the story...

https://forum.freeadvice.com/divorce-separation-annulment-36/trbal-state-law-582126.html#post3077688

 

[dragomd]

Stealth2, you found it! Awesome. I knew I was here when all this started.

Yeah, my son was diagnosed with failure to thrive while with her on the reservation. Still has that problem. 32" tall, but 24 lbs. 13 lbs under weight according to CDC chart.