Their other parent is being pissy and refuses to hand them over. The custody papers state that on certain days of the week the children are suppose to be with the other parent. Is there anyone you can call to enforce this(such as the police?) or do you just have to handle this in court?
2007-04-27 06:49:55 · 15 answers · asked by Wraithwind 2 in Family & Relationships ➔ Marriage & Divorce
What you need to do is to go to the local police department, show them your custody papers & explain what's going on.
They should next try to contact the other parent & get his/her take on it. Hopefully, when the other parent hears the police on the phone, they will decide to honor their part of the custody agreement.
If not, the police probably won't be able to do much more, as it is a civil matter, not a criminal one (in most states). But, the police can and should file an incident report, describing everything that happened.
Save up the incident reports until you think you have enough, then get a lawyer & bring it to court.
And, in the mean time, when you do get your time with your child, be sure to keep your focus on what's important, spending quality time parenting your child. Don't let your anger out on your child, or bother them with your grown-up issues. Let your child feel safe and loved by both parents (no matter how you feel about the other parent).
Good luck!
2007-04-27 07:37:08 · answer #1 · answered by Maureen 7 · 1⤊ 1⤋
The police and court sound like big steps -- but if you're having trouble with your ex about who 'has' and who 'gets' the children, you are making things difficult for them.
This is usually an issue of BOTH parents being 'pissy'. If you get angry about a late drop off (within a half-hour?), then the other parent is likely to use that as a way to MAKE you angry. Nothing makes an ex more smug than to cause the other to have a hissy-fit, and then walk away feeling innocent.
Don't take the bait.
During a neutral time, ask the ex to 'help you understand'.
"John, I must have read the paperwork differently. The way it read to me is that the children are supposed to be dropped off by 5pm on Sunday. I've found myself watching the window so I don't miss them. If you read it differently, like it means 'after dinner', than please let me know sometime that day when to expect you. If you are having trouble getting their things together, or time slips away, just give me a call -- maybe you need me to pick them up occasionally. Either way, a quick phone call or text message would be appreciated."
This makes you 'reasonable and concerned', instead of what he/she would like -- hysterical, unreasonable and psycho.
2007-04-27 16:00:01 · answer #2 · answered by Sue 5 · 0⤊ 0⤋
In Texas the police will not get involved unless the other parent is physically abusing the child because it is a civil matter, although it is considered intefering with child custody, which is a felony.
The only recourse you have is filing contempt charges against the other parent, and it cost you about $500 to do it, but all they do is slap the other parent on the wrist.
Make sure that you DOCUMENT DOCUMENT DOCUMENT everything, as if a custody battle ensues you have everything documented, and trust me it helps.
Good Luck to You!
2007-04-27 17:19:35 · answer #3 · answered by kgperry70 2 · 0⤊ 0⤋
ok heres the deal you need to call the police every time she dose not let you see your child as required and then get documenting after a few times you will need to go to the friend of the court and file a motion for lost parenting time They will ask you what time you have lost and to prove it after you do they will give you th back time owed and let her know that she can not denie your court ordered time they will put her in jail if it happens a second time and there is also a provision in most states were if time is not being given that she could lose her custody and you would be able to file for your day. you may also want to go and talk to an informed officer down at the fired of the court they may be able to help you with out you going through all the hassle
2007-04-27 14:35:48 · answer #4 · answered by james h 1 · 0⤊ 1⤋
Handling this in court is the only real way to deal with it. The police don't really care to deal with this sort of thing, unless the children are physically injured or you have absolutely no way of finding them over an extended period of time (this could be construed as parental kidnapping/abduction). So if you know where to find them (your ex just didn't bring them to you as scheduled) this is not grounds for a police investigation.
Be sure to document in DETAIL how the order was violated, then file a addendum to the the original order on the grounds of contempt of court. The best option would be for your attorney to handle this, as there are very fine lines on interpretation and violations.
Good luck.
2007-04-27 13:55:53 · answer #5 · answered by Brutally Honest 7 · 1⤊ 2⤋
Have your lawyer file a complaint against your ex. It'll get a bit messy and you may wind up back in court but basically all that will happen is the other parent will get a slap on the wrist and a warning/reminder of the custody issue. Best of luck!
2007-04-27 13:57:42 · answer #6 · answered by Anonymous · 0⤊ 1⤋
You can call the cops, but I'd go back to court too!
When I was having custody trouble, I told my daughter "If I ever don't pick you up when I am supposed to and I haven't talked to you personally (on the phone), then know that I want to pick you up and will see you as soon as I possibly can. Never think I don't want to see you."
I didn't say anything bad about the other parent, but I let her know that I would be trying to see her no matter what. Luckily, we never had a serious situation with this.
I wish you the best of luck! Stand up for your parental rights!
Good luck! :)
2007-04-27 13:56:43 · answer #7 · answered by searching_please 6 · 0⤊ 2⤋
Call the police and show them your court order papers. If they refuse to help you, haul that other parent back into court. Subpeona the police and let them tell the judge how they refused to help you.
2007-04-27 14:02:10 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Have your papers with you, call the cops, they should enforce the order. Have them make a police report of the incident. Then you can take her to court for contempt since she is not abiding by the order.
2007-04-27 14:30:17 · answer #9 · answered by Nikki 3 · 0⤊ 1⤋
Sure you can call the police but they will just tell you that it is a family court thing. You have to keep everything in writing and every time she flakes write it down. Go the judge and provide them with all the information. She has no right to keep your kids away from you
2007-04-27 13:54:47 · answer #10 · answered by triste_girl 3 · 1⤊ 1⤋