What happens when kids are taken from the CParent?
I know this is really a question for a lawyer, but I am wondering if anybody here could ansewr it. So sorry it is long, but I am giving the background story as well...
I am a divorced father, my x has custody of the kids. She continuously refuses to allow for my visitation. I have court ordered companionship time with the kids. It is the standard court schedule, giving me every other weekend, 1 day midweek, as well as a division of the holidays based on the year.
My x is constantly interfering with the visitation. I have not gotten to see my kids for any holidays, birthdays, or more than half of my visitation weekends this year. I have never managed to get them for my midweek visits. I have made police reports every time, and took her to court for contempt.
In the contempt hearing, witch cost me $180 to file, my police reports were thrown out because they were not "Certified Copies". Although she admitted to the visitation interference on stand, the motion was still denied. I cannot afford a lawyer, or to file another one at this time.
During the last year, she has filed for multiple protection orders, all being denied due to lack of evidence... because I have never done anything to warrent such an order. The orders were all filed on the fridays I was supposed to get my kids.
The last big horrah this year so far has been Christmas. It was my year to have the kids on Christmas Day. I was supposed to get them at 10PM on Cmas Eve. She denied me the visit. I went to the police... again, who typically do nothing except make a report and tell me to file contempt. I begged them to do something. I showed them the order as well as the standard visit schedule and they decided to file criminal charges for "Interfering With Custody". This is a Misdemeaner 1 in Ohio.
Having now filed these charges, I have done a ton of research. This could possibly result in her losing custody either perm or temp. What I am now wondering is that if they take the children temp, do I automattically get them or do I have to file for an emergency custody order?
Also, how do I go about having her checked for this "Malicious Mother Syndrome"???? I read about it on here and it fits her to the T!!!
Parental Alienation Syndrome
Parental Alienation Syndrome (PAS) is starting to be viewed as a huge no,no in the court system. Your ex is clearly alienating the children from you.
I would make sure you keep lots of documentation, emails etc. I would try for an emergency custody order.
My DH has an ex from hell. He wanted to increase his parenting time with his kids and BM said no. So, he went through hoops to get more time with the kids. From late 2009 to Spring 2011, we had a GAL appointed to the case, a custody evaluator and tries at co parenting therapy for high conflict cases. The custody eval report found BM to be guilty of PAS, the Judge ruled that the parents should have 50/50 custody against her better judgement (which is what he originally asked BM for) but if BM continued her quest to alienate the children she could lose everything. Well BM accomplished her goal with her daughter to PAS against her BF.
So we are back in court again to file for full custody of the other two children.
Stand firm, it's a long process, but ex's like that are thinking of themselves because they are angry n' scorned and don't realise the importance father's play in their children's lives. Some day the kids will hate her for what she did to their relationship with you.You can get a dvd on amazon named "Welcome Back Pluto" it's very good and explains PAS. There maybe some behaviors with the kids that you may not recognize as PAS. Check it out.
Hang in there, I wish you the best this coming new year
Sounds very familiar. You are
Sounds very familiar. You are lucky the police did anything, because often they will tell you it's a civil matter, not criminal. Because you had specifics in your papers for Christmas day, they had proof that you should have had the kids. One thing you can do for documentation is take a picture of yourself at their front door with your cell phone in the pic showing the date and time.
If you keep getting the same judge, it will be an uphill battle. Because he is an idiot.
Do some research on hostile-aggressive parenting also.
You can request a psych eval but honestly it isn't going to reveal much. You know there is something wrong with her, the question is, what should be done about it. If you're lucky, the judge will require her to change her ways in order to see her kids, and if she is "unable" to, require counseling.
In any case, good luck. It will be a long, hard road, unless you get a very good judge who is having a good day.
Look up the rights for your
Look up the rights for your state, a permanent change in custody status is something completely different from contempt charges.
Sorry to hear that the police
Sorry to hear that the police were not supportive and back you up. In AZ if you have clear paperwork they will support it. Is there a support group in your city/county for fathers rights? We have on in AZ and has been helpful to resolve some issues my husband and I have with his X. Our support group here has monthly education time in the law library and some members are very familiar and helpful navigating through the legal system. Good luck!