He has been not involved in my sons life for a year. He hasn't paid any child support after my modifying the amount twice. I called the records department at the police station. They stated to call police if I see him. They wouldnt tell me what he is wanted for.Now he is threating to remove custody if I don't let him see him. I have full custody. Can I get in any trouble for not letting him see him? He really is not mentally well.Should I get the courts to remove his parenting time temporally?
Family Law Attorney
Read your custody judgment. It will tell you want parenting time the father is allowed. Yes, you can be held in contempt of court for violating the judgment. If you want to eliminate his parenting time AND you have proof he may endanger the child, talk with an attorney about this issue. Good luck.
Be sure to designate "best answer." If you live in Oregon, you may call me for more detailed advice, 503-650-9662. Please be aware that each answer on this website is based upon the facts, or lack thereof, provided in the question. To be sure you get complete and comprehensive answers, based upon the totality of your situation, contact a local attorney who specializes in the area of law that involves your legal problem. Diane L. Gruber has been practicing law in Oregon for 26 years, specializing in family law, bankruptcy, estate planning and probate. Note: Diane L. Gruber does not represent you until a written fee agreement has been signed by you and Diane L. Gruber, and the fee listed in the agreement has been paid.
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Family Law Attorney
A few things to bear in mind:
One: If there is a custody judgment, then that judgment is enforceable regardless of whether one of the parents has a warrant out for their arrest, or has been convicted of a crime. One does not lose all rights over one's children for committing (much less being accused of) a crime.
Two: If you fail to obey a court order for custody, the other parent has the right to file a motion to enforce the judgment. They can ask the Court to order make-up parenting time for anything you wrongly denied them. One of the factors that courts look at when deciding child custody decisions is, is each parent willing to support an ongoing relationship between the child and the other parent? In general, judges disapprove of parents who withhold their children from their co-parents. Children are not prizes to be fought over.
Three: Your ex-whatever cannot unilaterally "remove custody." To do this, he would have to file a motion with the court, and prove to a judge that a change of custody was in the child's best interests. You would have to do the same thing, to "get the courts to remove his parenting time."
Four: If he's got an outstanding warrant, he is very unlikely to file a motion to enforce or to modify, or to respond to one, because any contact with the court system will get him arrested. And, while it is true that parents with criminal records do not lose all custody rights automatically, it does become a lot harder for them to depict themselves as good parents.
Five: Whether a parent pays their child support obligation or not, does not affect their right to see their child.
Six: There is a limited exception to the rule that you should not try to keep a child away from their other parent. If the other parent has done something that implies that they're a danger to the child, you may have a duty to keep them away, until the charge is resolved.
Seven: You can probably find out what this guy is wanted for, pretty easily. A court database search will show any outstanding Oregon warrants. You can go to your county courthouse and use a public terminal for this - there may be clerks there who can help you. (The court database is an old, arcane system. It is not intuitive or user-friendly at all. Many lawyers have access to this system and know how to use it as well.)
In conclusion, the best course is to consult in private with an attorney in your area. They can help you determine what this guy is wanted for, and help file a motion to modify parenting time if that turns out to be appropriate. They can also handle communications with him for you, so he won't be contacting you directly.
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