My question involves a child custody case from the State of: SC
If there is parenting plan is in place for the children not to go out of the state will it hold up in court? There is no court approved custody is in place.
Enforcing an Agreement Not to Take the Children Out of State
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01-15-2015, 07:50 AMtrishcimhEnforcing an Agreement Not to Take the Children Out of State
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01-15-2015, 07:57 AMMr. KnowitallRe: Enforcing an Agreement Not to Take the Children Out of State
So by "parenting plan", you mean some sort of informal agreement between the parents.... is it even in writing?
If we're simply talking about an informal agreement, and there's no court order that would prevent a parent from deciding that the agreement was no longer suitable, then the parent can indicate that they no longer going to abide by that provision of the prior agreement.
If the concern here is international kidnapping, or that one parent may try to relocate with the children to another state, then the parent concerned about removal should go to court. Otherwise, what's the problem with an out-of-state trip? -
01-15-2015, 08:19 AMllworkingRe: Enforcing an Agreement Not to Take the Children Out of State"Parenting Plan" is a term that many states use to describe a custody agreement. Its something official. The term is considered to be more PC than "custody agreement".Quote:
Quoting Mr. Knowitall
Trish, one thing that often confuses people is that most of the time, any prohibition from taking the children out of state refers to relocating them or moving them out of state. Normally it does not apply to visits or vacations out of state. What is the context of your question?
Also, when you say there is no court ordered custody, do you mean that a judge never signed off on your parenting plan? -
01-15-2015, 08:59 AMMr. KnowitallRe: Enforcing an Agreement Not to Take the Children Out of State
I don't disagree with how the term is frequently used. But when we're told, "There is no court approved custody is in place", it's important to find out what the OP means by the term.
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01-15-2015, 09:29 AMtrishcimhRe: Enforcing an Agreement Not to Take the Children Out of State
Thank you guys...The mother (my daughter) tried to take the kids to Portland without the fathers consent. I stopped her by taking the kids to him. She tried to get him to agree to a "parenting plan" telling him it would protect him. He was going to do it thinking it was the same as a court order custody agreement. I explained that it was not. This is going to be very messy and hard. I am helping my son inlaw to protect my grands. Sad to say but she is not fit to have her kids atm...Yes this is about kidnapping. We (son in law and I) are going to have many questions on different things do I need to start a different thread for each issue?
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One question is I know (or think) until a custody order is in place if I have the kids she can come take them from me. Is there a way to get this overrided till he gets to court? He needs my help. Has no one else to leave the kids with.. -
01-15-2015, 09:41 AMfree9manRe: Enforcing an Agreement Not to Take the Children Out of StateYes.Quote:
Quoting trishcimh
No.Quote:
Quoting trishcimh
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01-15-2015, 10:22 AMllworkingRe: Enforcing an Agreement Not to Take the Children Out of StateTried to take them to Portland for a visit or tried to move them to Portland. You do realize that you had no right to take her children away from her?Quote:
Quoting trishcimh
A parenting plan can very well be the same as a court order if it is signed off on by a judge.Quote:
She tried to get him to agree to a "parenting plan" telling him it would protect him. He was going to do it thinking it was the same as a court order custody agreement. I explained that it was not.
It might get even messier and harder if you don't watch what you are doing.Quote:
This is going to be very messy and hard. I am helping my son inlaw to protect my grands.
Grandma, its important that you understand that what you and I might deem as unfit is highly likely not to be deemed as unfit by the courts.Quote:
Sad to say but she is not fit to have her kids atm
No, its not about kidnapping at all. Both mom and dad have equal legal rights to the children and therefore neither one of them can be treated as kidnappers. You, on the other hand could possibly be treated as a kidnapper for taking the children away from their mother.Quote:
Yes this is about kidnapping.
No, keep everything in the same thread.Quote:
We (son in law and I) are going to have many questions on different things do I need to start a different thread for each issue?
Yes, she can take them from you any time she wants and there is not a danged thing that you can do about it. She could take them from anyone that he leaves them with. Even if he gets primary custody she can STILL take the children from someone he leaves them with.Quote:
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One question is I know (or think) until a custody order is in place if I have the kids she can come take them from me. Is there a way to get this overrided till he gets to court? He needs my help. Has no one else to leave the kids with..
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01-15-2015, 04:38 PMtrishcimhRe: Enforcing an Agreement Not to Take the Children Out of State
TE=llworking;860082]Tried to take them to Portland for a visit or tried to move them to Portland. You do realize that you had no right to take her children away from her?
Tried to move them to Portland with new BF of 3 months. I did not take her children she left them with me for 3.5 weeks. DId I not have a right to let their father have them?
A parenting plan can very well be the same as a court order if it is signed off on by a judge.
Awesome! He was told though he just had to have it notarized and filed with the court. This is what I understood anyway.
It might get even messier and harder if you don't watch what you are doing.
Yes I understand. That is why I am here. I have used this forum several times for other issues and the folks here have always been very helpful. Of course I have told him he has to get proper legal advice irl..
Grandma, its important that you understand that what you and I might deem as unfit is highly likely not to be deemed as unfit by the courts.
Can I explain the what I deem unfit and get your opinion? Preferably in pvt...
No, its not about kidnapping at all. Both mom and dad have equal legal rights to the children and therefore neither one of them can be treated as kidnappers. You, on the other hand could possibly be treated as a kidnapper for taking the children away from their mother.
I misspoke. I know it was not legally kidnapping sorry I was talking from emotions.... I did not take her children She left her children in my care for 3.5 weeks. Treated as a kidnapper for giving them to their father?
No, keep everything in the same thread.
great
Yes, she can take them from you any time she wants and there is not a danged thing that you can do about it. She could take them from anyone that he leaves them with. Even if he gets primary custody she can STILL take the children from someone he leaves them with.[/QUOTE]
When I went through a custody battle with my son my attorney failed to tell me that it could happen even after I got primary custody...thanks!
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Sorry about not quoting properly. Been a long time since I used a forum...I will keep trying :) -
01-15-2015, 05:03 PMDogmatiqueRe: Enforcing an Agreement Not to Take the Children Out of State
Yeah, the quoting thing is annoying.
Seriously? Leave it alone. You're not helping anybody but yourself and if you keep inserting yourself into a matter that is none of your concern, you're going to screw up your son-in-law's custody matters.
Leave. It. Alone. -
01-15-2015, 05:45 PMEA1070aRe: Enforcing an Agreement Not to Take the Children Out of State
Honestly? You haven't provided enough information to determine if mom relocating the child could be deemed kidnapping or not.
Were mom and dad married (I know you said son in law, but I've heard others use that term to refer to a SO's partner when no marriage took place)?
If so, have they filed for divorce?
Who is the child living with right now?
If they have filed for divorce, has the court issued ANY orders with respect to the child?
If there's a pending custody action, mom's attempt to relocate the child could, in fact, be deemed unlawful and she could be ordered to return the child to SC forthwith.