Custody/Support

[MyPrideandJoy]

Father has custody of 2 daughters (13 and 14) in Ohio.
Mother resides in Michigan.

Father won custody 1.5 years ago through Ohio Juvenile courts because mother was found to be neglecting children. Mother freely signed papers turning over custody.

Father files contempt charges for Mother not paying and for supervised visitation (per children's request). Mother is/was abusive. Mother did drugs with youngest child.

Mother never contacts children. Children call mother and mother is cruel and calls them liars.

Mother then calls and tells father that she talked to Michigan DA and is pressing kidnapping charges against father and that father will be arrested in Feb at next court hearing in Ohio.

1. Do we need to worry about her alleged kidnapping charges?

2. Mother sent letter to court asking for the courts to relinquish her parental rights....now changes her mind and asks for court-appointed attorney? Is this proper procedure?

3. Mother is going to Hawaii for vacation, but too poor to pay support. Fraud?

Thank you very much!

[MyPrideandJoy]

Original divorce in Florida.
Custody order moved to Michigan where children and mother lived.
New custody order moved to Ohio, under the Juvenile court system.

[socrateaser]

>1. Do we need to worry about her alleged kidnapping charges?

Kidnapping is the moving of another person against their will by means of force, or threat of force. You haven't posted any facts onto which I could apply the legal definition and make a determination either way, therefore, I cannot comment further.

If you can actually think of something that the father has done that seems like moving the children against their will, or against the other parent's will, while the children were within her custody, then DON'T POST IT HERE, because you may be inadvertantly waiving your 5th Amendment privilege to refuse to incriminate yourself -- you should consult with a criminal attorney about this issue.

If you can't think of anything, and you believe that the other parent is just making things up to harrass you, then I would consider calling up the DA in the mother's county and just asking about it. Obviously, I wouldn't suggest doing this if you can conjecture any possibility of criminal behavior.

Frankly, your description of the mother reads like a paranoid schizophrenic, and these kinds of nonsensical threats are typical.

>
>2. Mother sent letter to court asking for the courts to
>relinquish her parental rights....now changes her mind and
>asks for court-appointed attorney? Is this proper procedure?

Well, the court's not going to release mother from her legal obligation, unless someone else will step into her shoes (exception for complete abandonment of all duties, plus custodial parent's express consent to terminaiton). As for the procedure, if you're suing for contempt, and criminal incarceration is a possibility, then if mom can't afford an attorney, then the State must appoint one for her.

>3. Mother is going to Hawaii for vacation, but too poor to pay
>support. Fraud?

Fraud is the misrepresentation of, or failure to disclose, a material fact intended to induce justifiable, detrimental reliance and causing injury. If mother pleads that she is too poor to pay support, and she actually has the money to pay for an expensive vacation, then that may be a misrepresentation, and it may be intended to induce reliance, however, you are not injured by that statement, unless the court actually rules against you based upon the misrepresentation.

However, mother's plea of poverty, if rebutted by substantial proof of her ability to pay for a personal luxury, would be sufficient for a finding of contempt, because the only legally permissible defense to failure to pay child support, when the order is valid and known to exist by the obligor, is proof of inability to pay, which would be lacking here.

The only other possibility, and it is a real one, is that mother is not paying for the trip, rather she is exchanging her "companionship" for it. This practice is quite common, despite our desire to believe in the concept of a modern, liberated woman, so I wouldn't count it out.

On balance, however, I believe that she is probably nuts (another valid defense, because an insane person usually can't pay, either) or in contempt of court.

[MyPrideandJoy]

Mother is off her "rocker" - always has been, always will be.

Mother brought children to father - so father did not remove the children against their will or the mother's will.

Mother signed custody over to father and had 14 days in which to appeal - that was over a year ago.

1. why do we feel like we are on the defensive? Should we really contact the DA in Michigan and maybe send  him the court papers proving she willfully signed them over and was found in neglect?

2. Is it true that Juvenile courts (in general) have jurisdiction or power or whatever it is called over domestic relations courts no matter what state? (the juvenile court papers are entered in Florida and Michigan - one smart thing our attorney at the time did).

2. why is it that since mother owes money for support, courts do nothing? I know you can't read tea leaves - it just blows my mind!!!

I guess I'm really not asking you anything, just clarifying that nobody was taken against their will(s).

As always, you are a big help - thanks!!!

[socrateaser]

>1. why do we feel like we are on the defensive?

I dunno. Why do you feel like you're on the defensive? LOL!

>Should we really contact the DA in Michigan and maybe send  him the
>court papers proving she willfully signed them over and was
>found in neglect?

Who said anything about sending the DA anything. I was just thinking that if there was a credible threat that you could find out and then get an attorney to clean up the mess before you get arrested for no reason. More than likely the mother will never call the DA.

>
>2. Is it true that Juvenile courts (in general) have
>jurisdiction or power or whatever it is called over domestic
>relations courts no matter what state? (the juvenile court
>papers are entered in Florida and Michigan - one smart thing
>our attorney at the time did).

No, but if there's an action pending, then the JC action will be decided first.

>
>2. why is it that since mother owes money for support, courts
>do nothing? I know you can't read tea leaves - it just blows
>my mind!!!

I think you're overreacting now. Chill.