PLEASE ANSWER ASAP....NEEDING HELP MAKING SURE I UNDERSTAND CORRECTLY

[ksmomof2girls]

I found this Kansas law.  I got a call tonight around 4:45 from X stating that he is not going to let me have YDD for the weekend because she is still having to  do breathing treatments.  I know how to administer the treatments to her. Done it before in the past.

Kansas Statute # 21-3422

Permission to publish this statute on the Internet was granted to the Kansas Bureau of Investigation by the Office of Revisor of Statutes for the State of Kansas


Interference with parental custody
(a) Interference with parental custody is leading, taking, carrying away, decoying or enticing away any child under the age of 16 years
with the intent to detain or conceal such child from its parent, guardian, or other person having the lawful charge of such child.

(b) It is not a defense to a prosecution under this section that the defendant is a parent entitled to joint custody of the child either on
the basis of a court order or by virtue of the absence of a court order.

(c) (1) Interference with parental custody is a class A person misdemeanor if the perpetrator is a parent entitled to joint custody of the child either on the basis of a court order or by virtue of the absence of a court order.

(2) Interference with parental custody is a severity level 10, person felony in all other cases.


So if I was to get a taped recording of his agreeing that this was my agreed weekend, I could call the police and report that he is concealing the child from since it is my agreed weekend even though its not stated anywhere?

Please let me know ASAP!!!!!  

[ocean]

I am a little confused...Do you have a visitation order and if you do, is it your weekend? If this was a switch of times then you could not use this. Can you call the DR and have them "re-explain it to you" and then call ex and state that you talk to DR and they explained to you what you need to do?? If you are in the middle of court then I would add a sentence to the next order stating the both parents are capable of treating the condition (asthma?) and that visitation will not be witheld for this reason. Good luck....

[ksmomof2girls]

we have visitation order..reasonable visitation.........

we have joint legal custody with his house being  the primary residence.......

can't call the dr this late on a friday night.

[ocean]

Will the ex talk to you? E-mail? What does the child want to do? Can you leave a message if Ex does not pick up stating " I know you said that xxx needs the machine this weekend. As you know I have given it to her before. I will make sure she gets it every __ hours and we will just keep the weekend a rest weekend. Please give me a call back" If not, go to your court house this week and ask to modify your current orders. You can do this yourself without a lawyer if you can agree on what you have been doing in the past. This will help in the future but just so you know...even with court orders it is very hard to get the police involved in domestic stuff. They just tell you to go back to court but at least you will have the documents to say that it was your weekend. Do you have "reasonable visitation" now? If she is sick..should you let this go?? Not sure...Good luck!

[wendl]

Well my friend you need to get that REASONABLE visitation OUT of your order and have it specify when you get the child(ren) or you are at her mercy.

I would flie a modification of parenting plan, spell our eveything, xx parents gets visitation from eow from Friday at 6mp-Sun at 6pm the 1st, 3, 5th weekends of the month) and so on. Include holidays, school breaks etc.

You really need that order more clear soooooo things like this won't happen.


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

[Bolivar]

Know what your court (county) gives out as standard visitation/holiday/vacation to a NCP.  This will help you in determining how a judge will view your disagreement.

Read all this info on this site concerning visitation/holiday/vacation.  Then write up your own schedule.  You have to file for a modification.  I've heard of case where a parent created a FAIR schedule and showed it to the other parent.  With the words "this is the schedule I am going to court with."  The other parent then to avoid court costs will agree.

Now remember this is not a binding contract by the courts standards!!!!  But lets say you follow this schedule for a year.  The other parent gets nasty and starts changing things.  When you go to court you will be able to present your parenting schedule and state that the parents have been following this schedule for a year.  Chances are the judge will stamp it with his approval.


To get started check out:

Check out "SPARC Visitation FAQ"
http://www.deltabravo.net/custody/index.html



Some definitions:  

CUSTODY - the legal right and responsibility to raise a minor child and to make decisions. (there are two parts to custody)

PHYSICAL CUSTODY - it is in reference to the parent with whom the child resides. Depending upon arrangements, it may be joint or sole custody.

LEGAL CUSTODY - the authority of one parent or both parents to make legal decisions regarding health, education and welfare of the child.


RESIDENCE - the place where a spouse lives.


CUSTODIAL PARENT (CP) - the parent a child normally lives with, and the one who makes legal decisions concerning the child. There are several different types of custody arrangements.

NON-CUSTODIAL PARENT(NCP) - the parent who does not have physical custody of the child, and who typically is paying child support to the child.

[MixedBag]

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