Posting an Amber Alert

[InTheMiddle]

Hello again.

First let me thank you for your advice on reporting the case to the non-custodial state's Attorney General.  Texas forwarded non-custodial parent's tax refund to me.  It was a non-payment of child support issue.

Custodial Parent in AZ, non-custodial parent in TX.

Custodial Parent received custody of 2 minor children on 11/1/2004.

Custodial Parent has been very liberal with visitation, letting children go to TX during school breaks that were not mentioned in Parenting Plan.  (School district takes a 2 week break during Oct......they were in a different school district during the court proceedings--same county).

Non-custodial parent has court record of negatively influencing children.  That's how TX parent became non-custodial parent.

Non-custodial parent is having children (10 and 15) call custodial parent and say they are not coming back from visitation.  Children swear it is their idea and their non-custodial parent has nothing to do with it.

There is no defined date of when the children are to be returned to custodial parent.  Court docs says, "Children shall be with non-custodial parent  on the first half of the summer school break on even years, and the second half on odd years."  Actually (for obvious reasons) it is better for the children for non-custodial parent  to have them the 1st half of summer break--but I never corrected the Parenting Plan.

1)  Legally, is the court defined return date of the children to the custodial parent exactly half of the summer from the date she picked them up?

2)  How long do I have to wait to call Amber Alert?

3)  Should I send a letter to non-custodial parent's lawyer of my intentions (If the children are not returned to me by this date and this time, I will take legal action including calling Amber Alert?)?

4)  Should I include in the letter to non-custodial parent's lawyer that Non-custodial parent has court record of negatively influencing children and it appears to be happening during children's visitations as well.

5)  What legal actions can I take to stop or curb non-custodial parent's negative influence on our children?

Thank you in advance for your wisdom.

[socrateaser]

>1)  Legally, is the court defined return date of the children
>to the custodial parent exactly half of the summer from the
>date she picked them up?

According to your posted facts, the half way point would be determined by dividing the total number of days, beginning with the day after school ends and ending with the day before school begins, by in half. Add that number to the first date and the resulting date is the last day that the other parent can exercise custody/visitation.

>
>2)  How long do I have to wait to call Amber Alert?

Forever, based on your facts. This is not a case of missing children (unless the other parent is hiding out with the kids). You have an order granting custody, so you have several choices:

(1) When the day that the other parent's time is up, if the children aren't back, if you have already registered your orders in the other state, then you can ask the TX court to demand that the mother appear and produce the children;

(2) You can go to TX, demand that the other parent turn over the children, and if he/she refuses, then you call the local sheriff, show the deputy your "registered" order and the sheriff should (emphasis on "should") force the other parent to transfer the children into your care.

I would contact the sheriff's office in that county beforehand and make certain that they will enforce your registered order, before you just show up.

(3) You can go to court right now, and  request an ex parte order temporarily restraining the other parent from exercising custody on grounds that he/she has stated that he/she will not return them when the normal custody/visitation period ends.

>3)  Should I send a letter to non-custodial parent's lawyer of
>my intentions (If the children are not returned to me by this
>date and this time, I will take legal action including calling
>Amber Alert?)?

You can, but you'll be wasting your time. I wouldn't tip my strategy in advance.

>4)  Should I include in the letter to non-custodial parent's
>lawyer that Non-custodial parent has court record of
>negatively influencing children and it appears to be happening
>during children's visitations as well.

Waste of time in my view.

>5)  What legal actions can I take to stop or curb
>non-custodial parent's negative influence on our children?

This is a tricky spot, because if the children absolutely do not want to leave, the court may not force them to return.

I think, after considering everything, that if you really believe that the kids are being coerced into staying, then I would do option #3 above: seek an ex parte order terminating the summer visit, on grounds that the other parent has apparently coerced the children into stating that they will not return, which is consistent with the other parent's prior actions already found in the court record, and against the children's best interests.

[InTheMiddle]

Thank you.  Just one more comment and 2 questions.

Comment:  The half way date is this Sunday, June 25, 2006.

1)  Is that enough notice legally for the non-custodial parent?  I verbally agreed to July 9.

2)  Should I warn the non-custodial parent of the consequences in order to give the non-custodial parent the chance to correct her behavior?

[socrateaser]

>Thank you.  Just one more comment and 2 questions.
>
>Comment:  The half way date is this Sunday, June 25, 2006.
>
>1)  Is that enough notice legally for the non-custodial
>parent?  I verbally agreed to July 9.

Unless there's something else in your order that expressly grants you the right to modify the return date, then neither of you has the authority to agree to something different than what the orders provide for.

So, notice is irrelevant, as your agreement for 7/9 is void.

>
>2)  Should I warn the non-custodial parent of the consequences
>in order to give the non-custodial parent the chance to
>correct her behavior?

That's up to you. I don't see any particular value, but I'm not in the middle of the real problem, so I can't judge.

[CNTD]

>>2)  Should I warn the non-custodial parent of the
>consequences
>>in order to give the non-custodial parent the chance to
>>correct her behavior?

I am sure that she has thought about the consequences, and feels that they are minute, if any.

Should you "warn," her, she may feel this as a threat. Each time I alert my CP of the consequences, she always states I am threatening her with "more court," by no means do I want to go to court, and would avoid it completely if I were able to, however that is the only way CP will comply with the court order.

Goodluck.

[InTheMiddle]

Thank you.

The Non-Custodial Parent would see advising her of the consequences as a threat.  Custodial Parent  should get that information from the attorney.

Honestly, I believe that non-Custodial Parent has not thought about the consequences.  Non-Custodial Parent has lied in court and believes that laws and rules do not apply to the non-Custodial Parent.  However, that is not my problem anymore.  I do need to be reminded not to be excessively generous.

[InTheMiddle]

You're wisdom always amazes me.  Thank you!

It really helps to get the perspective of a wise person outside of the situation.  Sometimes I can't see the forest, just the rotting tree my saplings are clinging to out of emotion.

[charm910]

Anyone who has questions about Amber Alerts, missing children, family abductions, custody issues can find laws and information at //www.teamhope.org and //www.missingkids.org (//www.ncmec.org)

If you are in this situation, please look for this information immediately or call your local or state law enforcement or local domestic relations office.

Member Team H.O.P.E.

charm910