What is the name of your state?Illinois
Need to see if anyone here knows what would happen to a person if they are just fed up with fight for what is right and simply ignores a custody order, further explanation of this is if one parent who currently has custody of a 16 year old and lives in another state, and the non-custodial parent has filed for custody in his/her home state (where divorce took place) and things are not looking goods as far as court ruling in faver of the petitioner what would happen to the 16 year and the custodial parent if they ignored the change in custody? also this youth is almost 17 and wants to remain with current parent in the state in which they live. but does not want to anger the non-custodial parent.
I know this may sound confusing but hopefully someone can help us
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CASA
Yesterday,
Quote:
Originally Posted by Robert1988
What is the name of your state?Illinois<edit #1>
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If you don't go to the hearing- the NCP will win by default probably. If the ruling for custody is not what you want and you ignore it, you can (& will) be held in contempt of the court order. The parent who has custody by court order can come remove the child from your home.
If the child is 16 they are old enough that the judge would consider their wishes for custody- The court will still have the final say, but at age 16 they have input.
Considering you are already custodial parent, the NCP lives out of state (which would mean moving the child and changing their school etc.) and the 16 yr. old wants to remain with you~ WHY would you think you'd lose custody? Is there more to the story you are not telling us?
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#3
stealth2
And PLEASE, when you answer casa's questions, try to write more coherently. Your initial post is tough to translate.
But be aware that if there HAS been a change in custody and the parent who is losing custody ignores that order - there could be some significant consequences. Judges really hate people ignoring their orders.
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#4
Yesterday,
Robert1988
Is Alot more to the story
This custody battle has been going on for over a year, 16 year old in question got himself in to trouble last summer, but turned himself in, and was placed on 1 years probation, 6 months of this probation has been served, and the young man has been a model citizen, (except for when he is with the non-custodial parent), non-custodial parent was able to have a GAL assigned to the youth, unfortunatly this particular GAL is friends and belongs to several organizations as the non-custodial parent and attorney and has decided that this young man 1. should have no say in where he lives, based on the fact he got in trouble last summer, therefore making him unable to make correct choices as to what is best for himself, 2. refused to contact probation officer, councilors, or anyone in the current state in which this youth lives and discuss the best interest for this young man. 3. Has written a report not based on acutual documented fact but on "his Opinion" which he has told the custodial parent directly "the Judge only wants my Opinion it doesn;t matter what this kid wants". >> GAL has included in his report that this young man's family is "disjointed and "dysfuctional" and does not foster a "family Unit", This person has talked to the youth twice once by phone, once in person for 5 mins, he has spoken to one of his siblings for 10 mins, he has spoken to the custodial parent once by phone and once in person, he has never attempted to visit this childs home,
basically this is part of a group decission by attorney, non-custodial parent, GAL and possibley the judge and the non-custodial parent doesn't stand a chance against these persons, even though we have documented proof that the non-custodial parent is unable to provide proper subervision for a week let alone until this child is 18. They have choosen to ignore letters written on behalf of this youth and the family.
so to close the custodial parent and the minor in questions are going up against a brick wall with probably NO CHANCE of winning. and please don't say hire an attorney because the last attorney helped and is currently helping these people to destroy this family.
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#5
casa
Quote:
Originally Posted by Robert1988 <edited quote>
That was the last time, this time is different and you need a DIFFERENT attorney to combat them.
You are resigning yourself to NO chance of winning. You leave out facts re; the GALs recommendation...I think what the judge will look at is WHY was the youth in trouble in the first place? (Were they not be supervised? Were they allowed by the custodial parent to consistently be in situations where they could get into trouble?) WHAT happened when the youth was charged? (Did the CP cooperate and follow through with the discipline plan etc.) HOW is the child doing since this incident? (Have the adhered to the probation requirements, are they in counseling, are they succeeding in school and behavior issues?)
The documents from the probation officer and from the counselor can be submitted to the court to be reviewed by the judge. Judges do rely on GALs reports, but if you have evidence to the contrary- you need to file it. (Not just the probation and counseling, but any PROOF you have of waywardly acts while in the care of the NCP) The GAL is incorrect in stating the judge ONLY cares about what the GAL says.
You need to make sure all your documentation is on file in this case prior to any hearings. Include affidavits from teachers, neighbors, family re; how you parent your son and your son's behavior since this incident.
If you do lose custody- It may end up being part of the consequence for your son over his bad behavior, and a valuable learning lesson about his actions being a reflection of his family.
#6
stealth2 You posted this under a different handle, didn't you?
(edit) Are you Mit1962 or related? If you are - don't play these effin' games.
#7
Robert1988 This is the one who has caused all the trouble for my family, and you can be a very rude person
this is like the third time I have seen you write "If you are - don't play these effin' games"
maybe I was just trying to find out information since I started this for my mom.
#8
Robert1988 my mom has provided all this to the courts and they say it just doesn't matter, I screwed up yes, but I am trying to pay for my crime, I am on probation, I have served my com. service, plus volunteered to keep helping the community service officer, I have attended and am attending counseling one I ask to be included in on my own, I am trying to straighten myself out, I screwed up by not thinking but I am being put on trial again and again by my dad (I love this man) just don't want to live with him,
why do you allow the person to say things like "If you are - don't play these effin' games"??
#9
casa
Quote:
Originally Posted by Robert1988 <edit>
why do you allow the person to say things like "If you are - don't play these effin' games"??
"allow?" I am not in control of another adults opinions.
Stealth has a valid point: Why are you posting the same story under different names? It only confuses everyone, and makes them less willing to continue to help you.
Yesterday
#10 Stealth2
Really? Wanna show me where? 'Cause I just did a search to check, and this is the only post I've said it in. In fact, I've only used "'effin" in 4 posts - and the other three are all in general conversation and not directed at anyone.
So.... Want to try again? And trust me - I haven't started rude yet.
He doesn't want to live with his Dad, but feels uncomfortable asserting that since the Dad won't listen- he's too busy taking this opportunity to 'prove' the Mom is 'bad' and he is 'good' 