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Author Topic: Mother kept daughter claiming we both have custody  (Read 9504 times)

orgncwby

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Mother kept daughter claiming we both have custody
« on: Feb 08, 2009, 12:48:11 PM »
I have a question,  I have a california order which states Joint legal with Physical Custody to petitioner.  I am the Petitioner. the father.  My daughter has lived with me for the last three years going to her mothers every other weekend.  Last weekend my ex decided to keep my daughter and was able to enroll my daughter in a new school in a different city.  I submited a copy of my divorce judgment to the school and they still alowed my ex to register my daughter.  How can this be?  I have since filed to move my divorce to Oregons jurisdiction.  I will then attempt to file a writ of assistance to get my daughter back into my home.  My ex wife is doing everything possible to alienate me from my child, my child is 12 by the way.  My ex wife has told my daughter I do not want her, that I have lied in court, my ex wife shows my daughter all our court documents.  The other half of this story is that I have our older son 15 and my ex wife has no interest in getting him.  She feels its ok to seperate the siblings.  Any info is greatly appreciated, I am building my case airtight as best I can.  I feel im an excellent father, although I have strict rules which my daughter does not approve, no makeup, no pajamas to school, bath everyday, bed by nine, take care of her own animals.  I just feel hurt all this is happening when I feel I am doing all I can to raise my children proper.  I attempt to promote a relationship with the children and their mother, although their mother does not talk to our son and would only talk to our daughter on her every other weekend visitations.  Thanks


MixedBag

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Re: Mother kept daughter claiming we both have custody
« Reply #1 on: Feb 08, 2009, 07:54:42 PM »
you must live near the state line.
 
Why not go retrieve the daughter from school with your order?
 
Did mom show a newer order to the school?

Davy

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Re: Mother kept daughter claiming we both have custody
« Reply #2 on: Feb 09, 2009, 12:57:13 AM »
orgncwby
 
Since you have a standing Ca. court order granting you physical custody you are the custodal parent and it is your right and obligation to determine where the child lives and attends school.  It would have been a legal necessity to notifiy you of any change and there would have had to been a substantial change of circumstances involving the child to warrant the change.
 
The other parent is in comptempt of the existing order for not returning the child and additionally "Interference with the custody of a child" or parental kidnapping.  These matters are considered to be of a serious nature (even criminal) in every state. 
 
If the child has resided in Ca. then the State statues governing these matters are known as the Uniform Child Custody Jurisdiction Act (UCCJA or EA...Enforcement Act).  The Federal statues are known as the Parental Kidnapping Prevention Act (PKPA.). 
 
Moreover, if you reside in Ca. and  submit any legal documents to the Oregon jurisdiction that can be enough for the Oregon courts to take jurisdiction over all matters (custody, support,etc) concerning the child even given the illegal acts of the other parent.
 
Needless to say, the school has no authority whatsoever in this matter and you don't have to 'ask'...'just tell'.
 
You might consider finding and printing the custodial interefence statues for Ca. (and or Orgn) that is documented in the articles section on this site .  Present to law enforcement (ie sherriff) in Oregon along with existing custody order and the child should be immediately returned to the custodial parent as ORDERED by the court.  The Oregon authorties are legally bound (UCCJA and PKPA) to respect and accept the Ca. ORDER.   

orgncwby

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Re: Mother kept daughter claiming we both have custody
« Reply #3 on: Feb 09, 2009, 08:50:35 AM »
NO newer order.  She is just a really good talker I guess.  I was at the school Thursday morning telling them the school they  did not have my permission to enroll my daughter.  I thought the vice principal and I were on the same page but I guess not.  I am going in today to try to get my daughter back.  Thanks for the info.

orgncwby

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Re: Mother kept daughter claiming we both have custody
« Reply #4 on: Feb 09, 2009, 08:55:59 AM »
Oh and both the Ex and I live in Oregon, have for almost eight years now.  Never realized I needed to move the  Divorce Order to Oregon just for inforcement.


orgncwby

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Re: Mother kept daughter claiming we both have custody
« Reply #5 on: Feb 10, 2009, 11:46:52 AM »
Thank you very much davy,  I went to the superintendant of the school where my ex had enrolled my daughter armed with divorce judgement and the statues, police where called, school admited wrong and my ex was warned about custodial interference.  Thank you again.

MixedBag

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Re: Mother kept daughter claiming we both have custody
« Reply #6 on: Feb 10, 2009, 04:56:30 PM »
and your daughter went home with you, right?

Davy

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Re: Mother kept daughter claiming we both have custody
« Reply #7 on: Feb 11, 2009, 12:24:35 PM »
I would think the asumption is that the daughter went home with daddy.  The custodial interference statues are CRIMINAL statues that the rule of law enforcement can act upon.  Compare to CIVIL custody orders that often are NOT enforced.
 
One should note that the mother was 'warned' but I hope there was a lesson learned..  Had things been reversed,  daddy would have likely been cuffed and right now would likely be counciling Buzz in some filthy holding tank.
 
As I recall, the Federal Office of Juvenile Justice, assisted by and partially funded by the American Bar Assoc., was able to implement these statues in most states after interviewing a large population of "fatherless" delinquents. (ie access denial) 
 
Seems to me that Orgncwby schooled everybody to the benefit of his daughter !!   

orgncwby

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Re: Mother kept daughter claiming we both have custody
« Reply #8 on: Feb 11, 2009, 07:05:28 PM »
Yes I did get my daughter back,  after four hours, the school having to notify DHS to make sure no abuse cases were on me, an officer checking with DHS and the district attorney.  which is funny,   because you are right,  if it had been the mother I know they would have said oh ok sorry,  but that is the breaks right?  same reason it has taken two and a half years for them to establish child support.  I was the bad guy up until the ex told my daughter " I have to let him take you because you wouldnt press charges" then of course everyone finally believed me. 
 
 
 
 

Beatupdad

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Re: Mother kept daughter claiming we both have custody
« Reply #9 on: Mar 21, 2009, 10:31:16 AM »
OK she took your kid to another state and enrolled the child in school? You have a court order, now my question is and I may be wrong but if I had done that in this state(south carolina) I would have been hauled off for contempt and probably kidknapping charges because I went across the state lines knowing that there was a court order..and here even if there wasnt a court order just her saying I left without her consent woulda surely landed me in the joint..
 Is that how it works?
Ron

 

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