son removed from my custody....

[too_short]

Hi all,

In middle of a custody dispute.  I am an NCP with a 8 year old son.
Son throws tantrums in school (way too old for this); school counselor has recommended counseling; however mother won't budge.  

I've been trying to get counseling for him for many months.  The dispute is also putting greater strain on him -- mother is on an active campaign to brainwash him agaist me.

A few nights ago he went into a huge tantrum -- he wanted a latenight snack but didn't like anything I offered him/.  Running up to his door and kicking it, throwing things, threatening to overturn his fish tank; and screaming, crying the whole time.  He's been going through this episodes since the age of two; but it hasn't been this severe for some time.  I had to go in and restrain him for fear he would hurt himself.    Since mother will not agree to any counseling; I took him to the emergency room after he calmed down.  I wanted to get help/advice/referrals from the staff there and maybe even a recommendation for counseling.

Well, I called my ex to give her heads-up.  She calls the hospital and tells them  not to let anyone see him.  She makes the 3 hour trip (I live out of state) with her grandparents to the hospital and walks out of the hospital with him.  Her father pulls up to the entrance and try to rush him into the car.  I do not allow them to leave; I signal my wife to have security call the police.   The police arrive quickly, but offer no help -- despite explaining to them that this time is in the middle of summer vacation with son and so he's considered in my custody.  So ex, gp's leave with my son.  Officers didn't even write up a report since it's a "civil matter."

Mother did spend time alone with son in the evaluation room which is video taped.
Is it possible to get a copy of these tapes?  I believe they will be very revealing on how ex manipulates son.  Also, what about the outside security tapes which show grandfather waiting in car in front of emergency room in an attempt to make a quick exit?  What about subpeona's to the police officers involved?  Keep in mind these officers are from my state not mother's.  Can I have subpeona's or depositions taken in my state?  Can I do the same with the hospital staff, including security officers involved?

I'm not able to reach my attourney until Tuesday.
Please, any help, suggestions, advice!!!!!  

[wendl]

I am so sorry to hear this, geez you were trying to help your child and this crap happens.

I would have your atty subeapna (sp) everything, if you can joint physical custody you are entitled to all his med records etc.  

I am sure you atty will give you better advice, make sure you are documenting this.  Also have you considered calling the police in moms state and have them do a welfare child check, what they do is go over to the other parents home to make sure the child is ok

I would also file contempt on bm for taking the child out of your care during your visitation time and request that time be made up.

:)


**These are my opinions, they are not legal advice**

[grazer]

I agree with what Wendl advised!

Several other things you may wish your attorney to get done while you are at court regarding what happened at the hospital.
No. 1. File contempt against the BM for taking the child during your visitation time. If it is clearly stated in your visitation order that you were allowed this specific time for summer visitation and the BM took the child away without your permission, then this is blatant Contempt of Court orders and should not be allowed and should be brought to the attention of the court/judge.
No. 2. Have as complete of history regarding these harmful and disruptive tanturms. Get any and all medical records/pyschological/therapy information that the child has recieved. If you have joint "legal" custody or you have not given up your parental rights, thus you have rights to all records regarding child. With all the information you can obtain, then demand the court to court order help, evaluation, psychological help, and professional help for the child. The court has the power to order this done. And if the BM refuses to get the help the child needs and has been ordered to recieve, then you may file contempt against the BM for not following a direct court order for failing to the child help.

Good luck,
Grazer