Ask Me Help Desk - Parental Rights

Parental Rights

Ok here's the background.

My fiancée has joint custody with his ex-wife. She had done nothing but refuse to let him see his son for as long as we have been together (2 years). If we do get him, we'll have him for a week, then she will call and say that she doesn't have the money to come pick him up (the same reason why she can't meet to drop him off). We have all of her excuses, etc. documented in a notebook because we knew it was coming to this.

We have documented police reports of bruises and burns that he has came to our house with, yet there never seems to be anything getting done about pressing charges, etc. Child support also has copies of these reports as well.

The final straw was when she refused to bring him for Christmas, saying she didn't have the money (but yet he got a $500 playstation 3 for his christmas and he's 5). So we called child support and had them file a contempt of court motion to enforce visitation.

She got served with papers on Friday, and has now filed a motion for him to give up his parental rights. Can she even do this?

He pays child support weekly, but is behind from a year ago when he hurt his knee and couldn't work for a few months. His entire federal income tax return as well as his state return is going to the balance for back child support. He is less than 12 weeks in arrears currently.

Anyone know what our options are?

Thanks for your help!

What state are you living in?

Quote:

Originally Posted by twinkiedooter

What state are you living in?

We are in Nebraska, she is in Oklahoma. The child support order is out of Oklahoma.

We are suppose to meet halfway in Salina, KS for visitation.

She cannot force him to give up his parental rights. That's just a scare tactic. I suggest that you get an attorney to help you through the family court system.

She can file any motion she wants to, this is normal and common to try and countersue for something to try and scare you off from your filing,

Just keep doing what you are doing and force her to let you see the children.

Frankly, if you have documented abuse (burns and bruises) you need to change custody.

Quote:

Originally Posted by ScottGem

Frankly, if you have documented abuse (burns and bruises) you need to change custody.

We have tried to press charges on her boyfriend (which is who he said did it), but she played dumb to the cop and told them that he fell on the playground. Yeah that's why they're not scrapes and are the same on each side? I guess they believed her.

We have also called DHS and told them about it and that we wanted her house inspected, but they never did anything.

Short of the contempt of court, this is all we can do for now.

If this was a single incident that's one thing. But your post seemed to indicate there were multiple incidents. You need to badger the police and DHS to take action.

Did you take the child to a doctor to document the injuries. In most places, doctors are required to report such incidents.

Quote:

Originally Posted by ScottGem

If this was a single incident that's one thing. But your post seemed to indicate there were multiple incidents. You need to badger the police and DHS to take action.

Did you take the child to a doctor to document the injuries. In most places, doctors are required to report such incidents.

We had the local police come and take pictures and send the report to OK, but the bruises were too far gone to be of anything that a doctor could document. Which is why from that point on we were to meet at the police station in Salina and he was to be checked out before he even went to us. This also threw her into a fit and then she refused any kind of visitation with us. When really we are just protecting ourselves from her saying that we were doing anything to him.