Blatant obstruction of fathers parental rights

[mefyrare]

My husband has been having continuous troubles with his ex. They were married and have 2 children ages 16 & 8. She lives in another County. The mother has cut off all contact with us and has told the children numerous lies about us. The mother has also been telling the children derogatory statements about their dad, such as he doesn't love them & he only cares about my children from my previous marriage. They've been divorced now going on 5 years & things have not gotten any better. If mom don't like the the answers that she's given she gets very vindicated & engages in slanderous behavior. 2 yrs after their divorce she signed over their son then @ age 6 due to the fact that she was in & out of domestic shelters as well as homeless shelters. This was adopted into their case through the courts. Their son resided with us for 2 yrs until one day she came down without any notice and picked up their son from school; however it was her visitation weekend, but with the understanding that prior to any of her visits she was to contact us within 48 hrs stating that she was wanting to spend time with their son. We found that she had done this when she had already gone to the school signed him out early and was back @ her home in another county. My husband then told her that she didn't have his approval to do this due to the fact that he hadn't been able to contact her for over a week to get some questions answered that she had caused. She then just ignored him and didn't respond to him. So we ended up having to contact our local law enforcement. They were able to get in contact with her after a few times & messages left for her to return their call. She contacted the law officer he asked her where she was and she stated that she was home. So then the officers asked about the child that she had taken from the county; she stated that she did have him, but that it was her weekend visit. My husband told the officer prior to her calling that it was her time however she didn't use the appropriate channels. She was then told to call her x husband to discuss when & how the child would be returned. She done this as we were still in the office of the officer she insured that we could pick up their son as usual on Sunday evening without any problems. We agreed to this and let things go as usual. When Sunday arrived my husband tried contacting her with no luck on any response from her. He had just left her several messages stating that we'd be in town early & that when the time came up to pick up his son he'd call when we'd be on our way. She never answered so then we called for the local law enforcement in that town. They arrived and they tried to make contact with her with no luck as well. So to get my question answered it's been 8 months that we've seen or spoken to his son; we've gone to court on this issue already but we feel that the judge that hears this case isn't understanding what is really going on here. This Judge is the one that approved the change of custody when the papers were present to the courts that my husband & his x wife would share split custody of their children. This Judge ended up ordering a advisory consultant; GAL. The court order stated that they had 10 days from the date the order was set. My husband & I did what was requested with 48 hrs. However his x wife didn't do so. So then the advisory consultant advised that we file a motion to show cause. I.E. that she hadn't done any of the court orders. So in regards to my aforementioned what is our options for gaining his son back into our custody in a timely manor? I also need to let known that since they had split up she ended up a criminal history consistently of fraud; larceny and so forth. Can someone please help us with this matter because it's tearing us apart very deeply.

 

[army judge]

Your husband needs to do exactly as instructed by the GAL. You have no standing and should stay out of this matter.

He must take her back to court and request the judge to sanction her for her disobedience of the court's order!!!

 

[Proserpina]

...and your husband should prepare for the possibility that he won't have custody anymore.

 

[mefyrare]

To army judge unfortunily the gal excused herself do to the fact she had represented my husband & his x on a previous case while they were married. So she felt that if she did remain as the gal his x would say any decision made would be a conflict of interest. Also as for you saying for me to stay out of this matter; i will not due to the fact that i've been involved with this from day one. You haven't heard the whole story on this. My husband has taken her back to court and requested from the judge to sanction her for disobedience of the court order as well as her in a way kidnapping their son while he had primary/physical custody!!!! The judge did nothing she asked him what do you expect for me to do & my husband said well if i'd have done this i'd be behind bars. So nothing was done she walked away once again on clouds. To proserpina why do you say that my husband should prepare for the possibility that he won't have custody anymore? He hasn't done anything wrong for that to happen.

 

[army judge]

You're free to do whatever you wish.

You sought legal advice, and received same.

You obviously disagree with the advice you received, so be it.

Proserpina and I don't have a legal problem.




Your husband does, however, and will continue to have as long as you involve yourself in this matter!

I hope things work out the way you desire them to and you achieve the outcome you seek.

Again, good luck.

To army judge unfortunily the gal excused herself do to the fact she had represented my husband & his x on a previous case while they were married. So she felt that if she did remain as the gal his x would say any decision made would be a conflict of interest. Also as for you saying for me to stay out of this matter; i will not due to the fact that i've been involved with this from day one. You haven't heard the whole story on this. My husband has taken her back to court and requested from the judge to sanction her for disobedience of the court order as well as her in a way kidnapping their son while he had primary/physical custody!!!! The judge did nothing she asked him what do you expect for me to do & my husband said well if i'd have done this i'd be behind bars. So nothing was done she walked away once again on clouds. To proserpina why do you say that my husband should prepare for the possibility that he won't have custody anymore? He hasn't done anything wrong for that to happen.

 

[Proserpina]

To army judge unfortunily the gal excused herself do to the fact she had represented my husband & his x on a previous case while they were married. So she felt that if she did remain as the gal his x would say any decision made would be a conflict of interest. Also as for you saying for me to stay out of this matter; i will not due to the fact that i've been involved with this from day one. You haven't heard the whole story on this. My husband has taken her back to court and requested from the judge to sanction her for disobedience of the court order as well as her in a way kidnapping their son while he had primary/physical custody!!!! The judge did nothing she asked him what do you expect for me to do & my husband said well if i'd have done this i'd be behind bars. So nothing was done she walked away once again on clouds. To proserpina why do you say that my husband should prepare for the possibility that he won't have custody anymore? He hasn't done anything wrong for that to happen.

Hon, it's not your legal matter - you are not party to this case and frankly you could HURT your husband's chances if you don't let HIM handle HIS legal matters.

Now to answer your question - Mom has had the child for 8 months. She now has status quo on her side, no matter how it happened.

The court could very easily order that the child should remain with Mom, as it will be less disruptive to the child.