Results 1 to 4 of 4
  1. #1
    Join Date
    May 2008
    Posts
    5

    Default Non-Custodial Parent is Refusing to Return Son

    My question involves a child custody case from the State of: New York
    I have sole custody of my son. His mother and I get three weeks of vacation during the summer, Friday at 5 to Friday at 5. The order also states that She is not allowed to take two weeks consecutively and I get first picks. Well the first week she kept our son till Monday at 5 three days late for a total of 10 days. This second vacation, (this past Friday) I text messaged her when she was a no show with our son asking when she was bringing him home, she replied my vacation is not over yet. I text her back, when did she think her vacation was over. She replied not till the following Saturday. That will be 2 weeks straight. This was also a week I picked for vacation and had lots of plans for the week, that are now ruined. I called the police and they tried to call her, she did not answer, then they wrote a report. The police officer said if that was my child I would drive over there and call the police in her town and ask them to help you gain custody. (we live 1 and 1/2 hours apart) So I found out where our son was which happened to be at her mothers house, where she wasn't, I drove over there and had the police meet me down the street to show them the order and her probation paper work that said she had to follow all court orders. The police went to the door and asked for him, the officer came back and said she wouldn't give up the child and there was nothing they could do about it. So I got another police report and drove home. I am going to be following up in court, but I have used a lawyer for everything up until this point. I just simply can't afford them anymore. I have spent over 65,000 over the last five years. The police always say the same thing were not in the business to take a child from one parent to give to the other even though mother has 3 DWI's is in drug court and rehab. It is so screwed up that we can't get anyone to enforce the order. So I am looking for any advice on what to do or if there are any specific papers I should file? Or what they should say? We also hear all about NCP's rights, but what are the rights of a parent with sole custody? Any help would be greatly appreciated.

  2. #2
    panther10758 Guest

    Default Re: Non CP is Refusing to Return Son

    File contempt charges. Bring all Police reports text messages etc you have

  3. #3
    Join Date
    Jun 2008
    Location
    It depends...
    Posts
    123

    Default Re: Non CP is Refusing to Return Son

    You may be able to do it yourself. New York has a self help section on their website:
    http://www.courts.state.ny.us/courth...ldcustody.html

    And for the forms:
    http://www.courts.state.ny.us/courthelp/forms.html

    Good luck

  4. #4
    Join Date
    May 2008
    Posts
    5

    Default Re: Non CP is Refusing to Return Son

    Thank you for you help, both of you added great parts to my puzzle!

    1. Sponsored Links
       

Similar Threads

  1. Change of Domicile - Custodial Parent Job Offer and Non Custodial Parent Unemployed
    By tresmilagros in forum Child Custody, Support and Visitation
    Replies: 1
    Last Post: 03-30-2011, 01:59 PM
  2. Father Will Not Return Child to Custodial Parent
    By JuicyGirl in forum Child Custody, Support and Visitation
    Replies: 7
    Last Post: 03-02-2010, 04:43 PM
  3. Non-Custodial Parent Refusing to Return Teen
    By fhjmom in forum Child Custody, Support and Visitation
    Replies: 1
    Last Post: 07-21-2008, 08:26 PM
  4. Non-Custodial Parent Refuses To Return Child
    By villagegirl in forum Child Custody, Support and Visitation
    Replies: 2
    Last Post: 05-13-2008, 01:40 PM
  5. Custodial Parent Refusing To Pay Childcare Costs
    By SC Maggie in forum Child Custody, Support and Visitation
    Replies: 5
    Last Post: 12-05-2007, 09:32 PM
 
 
Sponsored Links

Legal Help, Information and Resources