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Child Custody in Plain English

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Custody Interference

Custody interference is when one parent refuses to release their child to the other parent (not when they are 5 minutes late, caught in traffic, etc.) for their scheduled visitation time. Unfortunately, it happens all too often and is one of the many games played by “parents” post-divorce/breakup. 

REMAIN CALM – which is impossible, but for the sake of your children, you MUST remain calm

Download the visitation enforcement kit, which walks you through the hoops the court will have you jump through

Ensure that you are at the correct location/time for the pickup

  • Knock on the door/ensure that the other parent is aware that you are there to pick up the child and either
  • Obtain evidence that you were at the correct location, at the right date and time
  • Purchase and obtain a receipt at a nearby store/restaurant

Contact the local police department and see if they will file an OFFENSE report (at the VERY least they will have to note that they were there and its on the record).

You can try to show them your paperwork, but know that 95% of the time, you will hear “civil matter”. Stay nice!

If the officer(s) refuse to complete an offense report citing it as a “civil matter”  (be sure to audio/video record) thank them for their time and inform them that you will be contacting both their Internal Affairs division to file a complaint as well as submitting a report to the US Department of Justice under their “Deprivation of Rights under Color of Law” via this link.

When completing the report, please understand that it was not due to not due to interference of child custody, but rather due to the fact the officer took no steps to preserve your court-supported possessory rights under state criminal and federal statutes. This youtube video goes into more detail. 

Complete the “Visitation Journal” ( see if the LEO or other people will sign and date it)

  • Video record/time stamp
  • Bring a witness
  • Any other evidence

Send notice (preferably certified or other trackable way) to the other parent (3 copies, one for the parent, 2nd for you, and 3rd to file with court) that they did not honor the court order.

Once this has happened with an amount of regularity (think about it from the judge’s point of view over 1-3 missed visits), follow the remaining steps in the enforcement kit and file with your county courthouse. 

Child Support

What is Child Support? It depends who you ask: The media/courts portrays Child Support as helping the child…

People that have been through the child support process know that it is a welfare recovery and wealth redistribution system.

Legislature/Legislators

Judges/Lawyers

Steps to research a judge’s finances with an eye to determining if he is dirty or not.

 
  • Check who is donating to your judge
  • Check for name of your judge’s spouse
  • Check judge’s years on the bench
  • Request his mandated financial disclosure forms from the state
  • Look him (and spouse) up on County Grantor Grantee index
  • Make spreadsheet to show loans, amounts and time it took to pay them back
  • Check any business interests with Secretary of State to locate more information—business partners, status of business interest, etc. Then run these businesses through the County Grantor Grantee index.
  • Check courts to see if your judge’s name or name of business partners are attached to any case
  • Check courts to see if he sat on any cases involving business partners
  • Make public records act request for phone records (checking for ex parte communications with the other side)
  • Check with auditor’s office to see if judge (a state employee) is also receiving monies from the county (conflict of interest issue)

Documents, Data, Articles, Studies

Equal Shared Parenting Groups

Center for Judicial Excellence