My question involves a child custody case from the State of: Nebraska.
My best friend lost custody of her two kids over a year ago because of issues she had in the past. She has since then cleaned up her act though and has really turned out to be a good mom. Well, she has always been a good mom though. My best friend lives in Souix City, IA and her kids live like almost two hours away in Nebraska.
The court order that was given though stated that she can have the kids every other weekend. For awhile now the court order was followed till now. My best friend however has been noticing bruises on the kids and an uncleanliness about them whenever she has the kids over for her visitations. Each time she reports this to the CPS, the CPS does nothing about it. The custodial parent does have a case worker though he is working with and according to this agent all is fine. But the custodial parent does not like it when the non custodial parent thinks that she has a right to the kids; he does not share any medical related situations, school information, and ect. And he thinks that she is a problem to the kids whenever she puts her nose in his business involving the kids. Its like all that he cares about is the kids get to see their mom every other weekend and that is all that she should play a part in the kids lives. Heck, he even got upset when she took them to the doctors when they were sick(((I know this for a fact because I was there when he blew up over the phone on my best friend for "actually" taking care of the kids))). I have even seen the kids tell their mom that "daddy does not want us to tell you that he spanks us". Basically, the kids end up crying everytime they have to go back sunday to their dad. They do not want to live with their father, they want to live with their mom.
Just recently, the father took all visitation rights away from my best friend without going to court about it...due to him being upset that my best friend is just the way she is....heck she can't help being a good mom while the father does not see things she does.....
It has been two weeks sine she has seen the kids last. My best friend and her new husband had driven an hour and a half to just see the kids dance recital from school when the father could not take the time off from work to see his kids first play or dance recital. And when she got there, she helped her daughter get dressed into her costume. During the time of the dressing, my best friend noticed some bruises that were a little faded but clearly seen. The daughter said that it use to hurt but it does not anymore and that "daddy(yet again) says that she is not to tell mommy what happens at home". My best friend took pictures of the bruise at that point....and yes, eventually the father had word about this and aparently got really upset about this. This was the week after mothers day weekend....she got to see the kids for mothers day and such but had issues with the father even then.
Basically, according to the court order, the custodial and the non custodial parent are suppose to provide half the transportation and such. On Mothers Day, instead of meeting half way like they always did, the father told my best friend that she had to pick up the kids from his home or else she would not get the kids for mothers day. She agreed to this arrangement but then told him after she had the kids and they were in her home, he had to pick the kids up in Souix City instead of Omaha, NE. He was raging mad at her for doing this. And almost wanted to claim kidnapping charges on her but I guess he gave in and met her in Souix City....but did not pick them up at her home...he made her walk down the street a bit with the kids by the gas station. I dont understand why my best friend was respectful enough to pick up the kids the fathers house and her ex fiance could not be respectful to her and pick up the kids from her home...who really knows. Keep in mind that that weekend for mothers day was not her original weekend with the kids, though. The following week though was the week of the recital I was telling you about and that was suppose to be her weekend with the kids.
So, needless to say, when the father found out about the mother showing up at the recital and he didnt, he then told her that for seeing the kids then and for having them for mothers day, that was her time spent with the kids for her weekend and so she was not allowed visitation time with her kids...only because the father thinks that he can judge when she can see the kids or not even though it is in the court order that she gets visitation rights every other weekend regardless of special holidays. And yes, my best friend let me read the court order and it is clearly stated in there about that.
Ever since then she has not seen the kids. Now my first question is..."Can my best friend claim this as kidnapping"/Is this considered a felony if the court order is broken?" My second question is "Once she takes this back to court, what are the chances of the custody being changed to my best friend instead of the father?" Can she also get an emergency hearing for a situation like this? I would really like to know about this as much as possible. My two kids always loved playing with my best friends kids. I am originally from the Omaha area and I have on countless weekends traveled the distance to Souix City to spend the weekends with my best friend, her husband, and her kids so that my kids could grow up with her kids and have fun. Please, if you have had a similar situation like this, tell me about it and what was the final say after everythign was said and done. Thanks.