Rant X's 10

[Der Nister]

So I stopped by my daughters mom's myspace page today only to find out the bitch is moving my child with her to another state.

WTF!!!!

And she (my daughters mom) has done nothing by try to keep my daughter and I apart for the last 12 years. Oh but wait, she tells everyone that she wants us to be in eachothers lives. So how does she expect this to happen with all the bullshit she's done to undermine my role in our childs life? And now to move to another state for reasons that most likely are because of a new boyfriend.

This really fucking pisses me off so beyond anything that she's done up until now.

[phee]

Grr....

[torn asunder]

do you have any legal recourse relating to court-ordered visitation? seems she couldn't move the child out-of-state if you have court-ordered visitation rights...

[odims_sphere]

if you have any type of parenting time set by a court she can't move more then 100 miles away with out your permission. It used to be that they couldn't ,ove out of state but they changed it when people on the border of Ohio wanted to move, now it's 100 miles. At least that's what was explained to me at my divorce and custody hearings.

[Der Nister]

do you have any legal recourse relating to court-ordered visitation? seems she couldn't move the child out-of-state if you have court-ordered visitation rights...

Yes - there's been a visitaion oder in effect sicne 1996 but that hasn't stopped her from violating it before. She has told me time and again she'll do want she wants regardless of the courts or any court order.

if you have any type of parenting time set by a court she can't move more then 100 miles away with out your permission. It used to be that they couldn't ,ove out of state but they changed it when people on the border of Ohio wanted to move, now it's 100 miles. At least that's what was explained to me at my divorce and custody hearings.

This I was not aware of - I'll look into it. Thanks.

[kellygrrrrrl]

Yah...you have to sign an "OK"...agreement....by law!

Man, that is shiznitty!

hope everything works out ok.....

[Der Nister]

Recently, however, lower Connecticut courts, relying on a New Jersey decision in D'Onofrio v. D'Onofrio, 144 N.J.Super. 200, 206, 365 A.2d 27, aff'd, 144 N.J.Super. 352, 365 A.2d 716 (App. Div. 1976), articulated the following criteria in deciding whether the custodial parent should be permitted to remove the child to another jurisdiction: (1) advantages of the move in terms of its likely capacity to improve the general quality of life for the custodial parent and child; (2) motivation or good faith of the custodial parent in desiring relocation, specifically, if interference in noncustodial parent's visitation or relationship is a factor in the move; (3) likelihood of custodial parent to comply with visitation orders necessitated by relocation; (4) good faith or motivation of noncustodial parent in resisting relocation; and (5) whether, if relocation is allowed, there is a realistic opportunity for a visitation schedule that will provide an adequate basis for preserving and fostering the parental relationship with the non-custodial parent.

The states that have now adopted the D'Onofrio factors are Arkansas, Florida, Massachusetts, Michigan, Nevada, North Carolina, South Dakota, Tennessee, Vermont and Wyoming.

This is what I've found.

[Der Nister]

What I told her today.

michigan law states that you can't leave michigan without my consent (look it up) and if you do leave michigan i will consider it kidnapping and go to the feds to pursue it as a crime. you can either start becoming honest or continue to lie like you have been doing for years. the choice is yours but sadly - you have been choosing to lie to everyone including yourself.

[Der Nister]

**after thought**

if she wants to get arrested for a federal crime then so be it. she won't be able to blackmail/threaten/lie to the feds to get out of it. maybe it will put an end to her shit once and for all. i've gotten very tired of her crap after 12 years.

[paradox]

all kinds of BS, man. good luck, i hope it all turns out well for you. i know that if i was in yer situation, id be climbing walls right now.

[ManicQueen]

If she does leave state, the state WILL go after her with kidnapping charges. I know Friend of the Court very well.

[Rayne]

If you have court ordered visitation, look at your court agreement. According to how old it is, it will say in there that you can't move the child more than 50-100 (varies by order) miles away from the other parents stated residence in the court order. Sometimes it will have a clause saying that you can't move the child out of the state of Michigan -- yes, even as close to the Ohio border as we are, some court orders still state this. My most recent divorce one does, as well as prior orders with my other child.

To do this legally, the mother has to petition the court. It's better if you agree, but if you don't and she can prove it would be in the child's best interests, she can petition the courts for the authority to move the child. Most cases, this doesn't really work out unless the reason is established military. But it's not unheard of.

She'd have to do something like this --

http://www.washtenawtrialcourt.org/forms/f...child_state_pdf

That's a consent order (assuming both parents agree) here in my county. She can not LEGALLY move her without a court order regardless.

If she does, the first time visitation is missed, ie ... you show up at her house in Michigan, she's not there contact the police in her area and file a report. Depending on how long between your visits ... I'd say, next week, still not there, file another report (in person) and say you believe she moved out of state. Bring all evidence with you (screen shots of her myspace site printed out will give them info) and tell them you want to prosecute for kidnapping.

That's the only way to get it done without a lawyer.

Pricey side, hire a lawyer and fight it now before they leave.

According to what county your in -- they may have a Visitation Enforcement unit. Call your local FOC.

... I'm a wealth of info when it comes to this stuff ...

[Der Nister]

Well she refuses to let me see my daughter - speak to my daughter via phone (but she is more than happy to let my last gf talk to her) and also refuses to tell me what's going on and what her reasons are for this move.

In short - this fuckin bitch has been working hard to sevre any relations between my daughter and I for almost 12 years. She is a nut case if there ever was one and is telling me that the visitaion order is no longer valid since it is old (WTF!!??).

The only things that come to mind are she's either using drugs or is suffering from schizophrenia. I guess she will have to find out how wrong she is the hard way. I will take this fight as far as is needed be it supreme court - national media - the aclu, whomever. This kind of rights violations will not be tolerated.

[Hellion]

I hope you win your way,this bs is just totally wrong,you are a really cool person,and the few times I met you,

it was always a good time,at CC.I just hope you win this battle,good luck my friend.

[Der Nister]

Thank you.

More for my daughters sake than mine this whole ordeal that her mom started needs to end.

How anyone can do that to their own child and say they love their child is so beyond rational thought it's unreal but her mom is not emotionally/ mentally stable.

[Rayne]

Well she refuses to let me see my daughter - speak to my daughter via phone (but she is more than happy to let my last gf talk to her) and also refuses to tell me what's going on and what her reasons are for this move.

In short - this fuckin bitch has been working hard to sevre any relations between my daughter and I for almost 12 years. She is a nut case if there ever was one and is telling me that the visitaion order is no longer valid since it is old (WTF!!??).

The only things that come to mind are she's either using drugs or is suffering from schizophrenia. I guess she will have to find out how wrong she is the hard way. I will take this fight as far as is needed be it supreme court - national media - the aclu, whomever. This kind of rights violations will not be tolerated.

Dude, this has been going on for awhile? She's been violating a court order all this time?

Do you have specific visitation (for example: every Saturday at such and such time till another) or non-specific time (stating that you have x amount of hours a week, or simply just "resonable" parenting time)?

Also, court orders don't expire unless one of two things happens ... 1. it is replaced with another court order or 2. the child turns 18 (sometimes they will take an older child's preference into account when issuing a new court order but the custodial parent is still obligated to make the child go on court ordered visitation even if the child doesn't want to).

Good Luck with this and my PM's are open. I've been dealing with family law now for 6 years.

[Rayne]

Thank you.

More for my daughters sake than mine this whole ordeal that her mom started needs to end.

How anyone can do that to their own child and say they love their child is so beyond rational thought it's unreal but her mom is not emotionally/ mentally stable.

I know exactly what you mean.

I feel bad for the child.

[Homicidalheathen]

Yup. Take her to court before she moves....cause I hear once she does it's harder to fight it.

do you have any legal recourse relating to court-ordered visitation? seems she couldn't move the child out-of-state if you have court-ordered visitation rights...

[Der Nister]

Dude, this has been going on for awhile? She's been violating a court order all this time?

This has been going on for roughly 11 years now. I have taken her to court at least a dozen times and the WCFOC takes her word for it when she says "I haven't denied visits" and I haven't been able to get any of my own witnesses to testify against her. So it ends up being her word against mine and FOC is more than willing to believe her lies. I have also documented most of her visitaion violations - including taping phone calls and video taping her in the process of violationg a visit. The courts in wayne county do not give a damn.

Do you have specific visitation (for example: every Saturday at such and such time till another) or non-specific time (stating that you have x amount of hours a week, or simply just "resonable" parenting time)?

Yes - have had a specific court order since 1996 - it seems to be worthless.

Yup. Take her to court before she moves....cause I hear once she does it's harder to fight it.

If she wishes to get the feds involved then so be it. Maybe they will do something to stop this.

[Rayne]

This has been going on for roughly 11 years now. I have taken her to court at least a dozen times and the WCFOC takes her word for it when she says "I haven't denied visits" and I haven't been able to get any of my own witnesses to testify against her. So it ends up being her word against mine and FOC is more than willing to believe her lies. I have also documented most of her visitaion violations - including taping phone calls and video taping her in the process of violationg a visit. The courts in wayne county do not give a damn.

Yes - have had a specific court order since 1996 - it seems to be worthless.

That would be the wonderful Wayne County court system. *rolls eyes*

I have SEVERAL reasons I do not like them. A LOT.

Feel free to PM me, I'll share.

They seem to have something personal against me ... but things are finally starting to turn around.