I am the father of my 2 year old son. My soon to be ex wife and I are currently in a custody battle over our son. I have my son per our separation agreement for 9 months (September- June) for the school year and she has 3 months for the summer (June- September). My wife lives in the State of Virginia for her current occupation in the Air Force. She had come out here to visit our son sometime in January and ended up going against our agreement and took our son to the state of Virginia. I had filed for an emergency hearing to get him back in Colorado. The judge granted my wish and later in February we had a trial for abduction. She has previously accused me in court that I have beat my son, her and neglect my son's injuries. The judge had kept the child here because he recognized that
her testimony was false and had told her that day to no longer take him out of state unless the child's welfare is in actual danger.I have more info please just ask it would let me load anymore. Long story short he came back saying "Don't hit me daddy."
Family Law Attorney
What I think you need to do now is not litigation related, because it sounds as if the litigation, at least for the moment, is over. You should get your son into a therapeutic relationship with a competent mental health professional. It sounds as though he is frightened and confused, and he needs someone who can help him settle down, and someone who can help you to help him.
www.karlgeil.com. This answer is provided as general information about a legal issue, is not legal advice specific to a particular case, and does not create a lawyer-client relationship with the person asking the question.
I am not clear on your facts. If you had a hearing and the judge said she could not take the child out of state then where did he "come back" from?
You also didn't indicate if there is another proceeding pending.
As for the question of alienation. It is possible to have any visitation by your wife ordered to be supervised only, which is the remedy for a parent who just won't obey the rules and may be doing things harmful to the child when they have the child. It sounds like either you need a contempt for removal of the child against the court's order, or a hearing to modify parenting time by requesting supervised visitation. Finally, it sounds like she should be paying child support to you. If so, if she is not current, then you can file a contempt on that issue as well, or use the county child services office to garnish her pay.
Your best bet is to discuss the matter with a lawyer familiar with these issues and find out your rights and options.
Many attorneys provide limited or unbundled legal services which means that you can obtain just the services you need, such as a consultation, documents, or appearance for a single hearing or mediation, and pay a lower cost. Neighborhood Law Office is such a firm.
NOTICEâ€” This answer is based upon a partial understanding of the facts and may not be relied upon as legal advice. It does not create an attorney client relationship between the writer and the attorney. It is provided for general information. You should always consult an attorney about your important legal rights.
1 lawyer agrees
General Practice Lawyer
I agree completely with what Mr. Geil has offered. Good luck to you an your son.
In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.