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Very strange situation

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LdiJ

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

I am sharing this story because its an odd situation that did not go the way I actually expected it to go.

My grandson's father has other children. These other children (and their dad) are frequently at my house because they are my grandson's siblings and my daughter often babysits for him, and they often all hang out together.

He has 50/50 custody, but the order is weird. He filed for custody and visitation and she blew off the court date. She honestly thought nothing would happen if she wasn't there. The judge ordered 50/50 and zero child support for either party. However, the judge did not spell out a schedule. The order simply says that its joint physical custody and dad is to have at least 182 overnights a year. Mom cooperated throughout the summer but since school started for the oldest, she stopped cooperating. He has been getting lots of calls from the school about the child being late, sometimes hours late. Mom is a partier. However, other than tending to party late into the night she seems to be a good mom. The children are happy and healthy.

Due to the phone calls, he told mom that he would be keeping the children for half of the school days so that the oldest would get to school on time at least half of the time.

Mom gathered up a gang of people (about 8 of them) who stormed my house Sunday night. Half of them jumped my fence and went to my back door, the other half stormed the front door.
I called the police because I didn't know what the heck was going on. I had no idea who these people were that were storming my house. They managed to get one child into one of their cars, but the other child was in a back bedroom and the police arrived before they could grab that child.

Dad explained everything to the police...and showed them the court paperwork...and here is where it gets a little weird...after talking to dad, and then going and talking to mom, the police took the one child away from mom and returned the child to dad. The police did not arrest mom but told both mom and dad that they were going to refer mom to the prosecutor for charges relating to the incident...terroristic acts. They told dad to keep both children until he could get back into court to get a set schedule ordered.

Dad has been taking the older child to school and of course, after a couple of days mom picked her up early so that dad couldn't. So now they each have one child. The little one is missing mommy.

My only question is, does this whole situation sound "off" to anyone else, or is it just me?
 


Zigner

Senior Member, Non-Attorney
This sounds to me like it's a court order that is screaming for clarification. It doesn't sound like either party is violating the court order to me (because it is poorly written.) The home invasion was way WAY out of line and I'm sorry you had to deal with that.
 

LdiJ

Senior Member
This sounds to me like it's a court order that is screaming for clarification. It doesn't sound like either party is violating the court order to me (because it is poorly written.) The home invasion was way WAY out of line and I'm sorry you had to deal with that.
It absolutely needs clarification and I am amazed that the judge wrote it that way in the first place. The judge HAD to know it would be a problem.
 

Just Blue

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

I am sharing this story because its an odd situation that did not go the way I actually expected it to go.

My grandson's father has other children. These other children (and their dad) are frequently at my house because they are my grandson's siblings and my daughter often babysits for him, and they often all hang out together.

He has 50/50 custody, but the order is weird. He filed for custody and visitation and she blew off the court date. She honestly thought nothing would happen if she wasn't there. The judge ordered 50/50 and zero child support for either party. However, the judge did not spell out a schedule. The order simply says that its joint physical custody and dad is to have at least 182 overnights a year. Mom cooperated throughout the summer but since school started for the oldest, she stopped cooperating. He has been getting lots of calls from the school about the child being late, sometimes hours late. Mom is a partier. However, other than tending to party late into the night she seems to be a good mom. The children are happy and healthy.

Due to the phone calls, he told mom that he would be keeping the children for half of the school days so that the oldest would get to school on time at least half of the time.

Mom gathered up a gang of people (about 8 of them) who stormed my house Sunday night. Half of them jumped my fence and went to my back door, the other half stormed the front door.
I called the police because I didn't know what the heck was going on. I had no idea who these people were that were storming my house. They managed to get one child into one of their cars, but the other child was in a back bedroom and the police arrived before they could grab that child.

Dad explained everything to the police...and showed them the court paperwork...and here is where it gets a little weird...after talking to dad, and then going and talking to mom, the police took the one child away from mom and returned the child to dad. The police did not arrest mom but told both mom and dad that they were going to refer mom to the prosecutor for charges relating to the incident...terroristic acts. They told dad to keep both children until he could get back into court to get a set schedule ordered.

Dad has been taking the older child to school and of course, after a couple of days mom picked her up early so that dad couldn't. So now they each have one child. The little one is missing mommy.

My only question is, does this whole situation sound "off" to anyone else, or is it just me?
It sounds VERY OFF. Dad really needs to consult with a GOOD Attorney to deal with this situation. The Police do NOT have the LEGAL right to give custody of children to a NCP. Dad should have gone to court the first morning after that bizarre and scarey night at your home for a emergency CO.
 

Isis1

Senior Member
It absolutely needs clarification and I am amazed that the judge wrote it that way in the first place. The judge HAD to know it would be a problem.
i think the judge did that on purpose. because a SANE parent would have rushed back into court for clarification. and not blown off the hearing in the first place.
 

LdiJ

Senior Member
It sounds VERY OFF. Dad really needs to consult with a GOOD Attorney to deal with this situation. The Police do NOT have the LEGAL right to give custody of children to a NCP. Dad should have gone to court the first morning after that bizarre and scarey night at your home for a emergency CO.
He is not an ncp though. By court order its joint legal and physical with a 50/50 timeshare. I tried to get him to go to court and of course he did not believe me that it was necessary.
 

LdiJ

Senior Member
i think the judge did that on purpose. because a SANE parent would have rushed back into court for clarification. and not blown off the hearing in the first place.
Ah...I didn't even think of that. You are probably right.
 

Just Blue

Senior Member
He is not an ncp though. By court order its joint legal and physical with a 50/50 timeshare. I tried to get him to go to court and of course he did not believe me that it was necessary.
Then this man is an idiot. Sorry to say about your GC's Dad...but He is.

What is he doing now about this? Anything?
 

LdiJ

Senior Member
Then this man is an idiot. Sorry to say about your GC's Dad...but He is.

What is he doing now about this? Anything?
He is filing to get the order clarified, because the police told him to do so. However he is not treating it as an emergency. And yes, he IS an idiot. I honestly think he doesn't realize that he isn't going to see his daughter again until this gets in front of a judge...which he should think, because he doesn't plan on letting his son anywhere near mom, because that is also what the police told him to do with both children.
 

Just Blue

Senior Member
He is filing to get the order clarified, because the police told him to do so. However he is not treating it as an emergency. And yes, he IS an idiot. I honestly think he doesn't realize that he isn't going to see his daughter again until this gets in front of a judge...which he should think, because he doesn't plan on letting his son anywhere near mom, because that is also what the police told him to do with both children.
It really is his situation to deal with.

LD...Let him deal. You tried to help him and he is kinda putting this on the back burner. There is nothing you can do. You want your GS to see ALL his siblings..I get that...But you have to let DAD "get that".

I really hope Dad grows up and does the right thing for ALL his children.
 
Last edited by a moderator:

tuffbrk

Senior Member
So sorry you had a home invasion. How terrible! And I feel so badly for the little one...hope all works out in the end.
 

LdiJ

Senior Member
So sorry you had a home invasion. How terrible! And I feel so badly for the little one...hope all works out in the end.
I feel badly for the little one too. He has told me a couple of times that he wants his mommy. I absolutely cannot have any sympathy for someone who brings a gang to invade my home, but I can certainly feel sorry for a little boy who is suffering the results.
 

single317dad

Senior Member
I haven't seen judges around here take much initiative in writing detailed orders. While most just say "per IPTG", really it isn't the judge's job to hash out a detailed order. If the parties want one, they should go get one.

Mom's actions here were atrocious. She and everyone involved in the child snatching should be prosecuted.

All I can say about the advice of the police officers is to take it with a grain of salt. As you well know, police are not a reliable source of legal advice. The officers on the next shift may have a completely different opinion on the matter.
 

Proserpina

Senior Member
It really is his situation to deal with.

LD...Let him deal. You tried to help him and he is kinda putting this on the back burner. There is nothing you can do. You want your GS to see ALL his siblings..I get that...But you have to let DAD "get that".

I really hope Dad grows up and does the right thing for ALL his children.

Love this answer ^^^

After reading the responses, there's really nothing I can add. That in itself is a rarity :D
 

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