I am engaged to a man who is going through a very traumatic custody battle. Traumatic for him and his kids, I mean. I have thus far tried to steer clear of being involved as much as possible as I felt it is an issue to be resolved between him, his ex and the courts. However, recently I was dragged into the issue as his ex filed a false (and yes, it was proven completely false) CPS report alleging severe neglect and physical/emotional abuse by him and me.
His lawyer advised him that until the CPS case was closed he should not contact his kids and temporarily suspend his visitation. He did so with the understanding that it would only take a week or so to finish the investigation and for all claims to be dismissed. This happened, but he still has not seen his children in 3 months. His lawyer filed the proper paperwork to reinstate visitation and contact with the children. He has gone several times now to pick up the children at the designated meeting place at the designated times but his ex-wife never showed up with the kids. She has also turned off her cell phone and will not return messages left for her at her parents home (her last known whereabouts). She has moved to different counties and has had the children in 5 or 6 different homes in the last 3 years and has violated every part of the court orders. I'm not insulting her, simply stating the facts.
My fiancee's lawyer has not been as aggressive as he would like as she is distracted with other obligations. He is now in the process of trying to find a new attorney that he can afford. For the last 2 days I have been researching as much as I can for him about father's rights, custody law and any other pertinent information.
My question is this: Is what his ex-wife is doing considered custodial interference and/or parental kidnapping? What does he do?
My fiancee is a good man who loves his kids and just wants to have them in his life as much as possible and to have them be happy and healthy in all areas of their lives. Any advice offered would be very greatly appreciated.
His lawyer advised him that until the CPS case was closed he should not contact his kids and temporarily suspend his visitation. He did so with the understanding that it would only take a week or so to finish the investigation and for all claims to be dismissed. This happened, but he still has not seen his children in 3 months. His lawyer filed the proper paperwork to reinstate visitation and contact with the children. He has gone several times now to pick up the children at the designated meeting place at the designated times but his ex-wife never showed up with the kids. She has also turned off her cell phone and will not return messages left for her at her parents home (her last known whereabouts). She has moved to different counties and has had the children in 5 or 6 different homes in the last 3 years and has violated every part of the court orders. I'm not insulting her, simply stating the facts.
My fiancee's lawyer has not been as aggressive as he would like as she is distracted with other obligations. He is now in the process of trying to find a new attorney that he can afford. For the last 2 days I have been researching as much as I can for him about father's rights, custody law and any other pertinent information.
My question is this: Is what his ex-wife is doing considered custodial interference and/or parental kidnapping? What does he do?
My fiancee is a good man who loves his kids and just wants to have them in his life as much as possible and to have them be happy and healthy in all areas of their lives. Any advice offered would be very greatly appreciated.
