So we have custody of my husband's 11 almost 12 year old daughter (we have had custody since she was 3 years old she calls me mom and her birth mom by her 1st name) Her mom is only around when it is convenient for her and everyother weekend so my question she is supposed to pay child support and has not had a job in 4+ years went to court a year ago and judge told her I dont care who pays as long as she is paying long story short she has not paid since about June and now the county has issued a warrent for her arrest she is supposed to get MY daughter this coming weekend but I am scared that something might happen and she usually does not pick her up her husband does (who is a great guy and is very good to our daughter I would rather her spend time with him than her own mother) I am just afraid we are not going to know if anything happens till after is it legal for us to keep her till this gets resolved? Both my husband and I have called the county and noone has returned our calls yet? I am so scared and nervouse for her and just don't want it to happen when she is with our around. I hope someone can please help!!!
Thank you all for the wonderful advice. We finally got a hold of someone and they told us to contact the police or our lawyer so we did and now they are on the look out for her. And we can not keep her she has to go with her mother because custody and child support are two completely different things and if she gets picked with our daughter they will call us immediatly to go pick her up from where ever they are, they will not take her (our daughter) to the court house or anything like that so that makes me feel a little better but I am still nervouse and scared about if something happens while in her custody for the weekend and how tramatizing that could be for her.
I would call and keep calling people until you get the right advice. Me and my ex were never married so it might be different but i was told i do not have to let my daughter go since he has a warrant and is apperently hideing from it.
call the cops when they show up-so they can be arrested for non payment
I understand your anxiety. If you have ever dealt with the legal/justice system in any way, then you know that the wheels turn very slowly. Maybe the mother doesn't even know yet that there has been a warrant issued? Support & visitation are two very different/seperate issues (at least in PA). Do you have an attorney you could call for advice? I would hate to see your husband get into trouble for interfering with the visitation...good luck.
I have sort of been thru this with my husbands ex. if the court paperwork says she gets her every other weekend then "legally" you cannot keep her. If you do, she can call the police and then you (your hubby) will be in serious trouble. you should be able to go to the courthouse and file for something called "emergency temporary custody". Your husband will wait around to see a judge immediately (since it's an "emergency") and will state his case and then the judge could rule right then and there if he gets temporary custody until the issue is resolved. I'm in AZ so not sure what your county has, that's why you need to GO to the courthouse and ask, don't try to call, you will never find out. My husband has the ex from hell so I have been thru quite a few of these things and have never used a lawyer. Good luck!
Call the police and tell them where you are going to be when she picks up the kids. Arrange it somewhere other than your house. The police will pick her up but chances are she'll be out in about an hour with a court date. My daughter has never paid us any child support and when she does get a job and they catch up to her then she quits the job.She has been picked up numerous times. The DA told me that child support is a minimal charge and that most places need all the room inside for criminals that have hurt someone or someones property.
You really need to talk to your attorney. The county won't be able to tell you anything, they'll say call your attorney. He knows the case and the particulars about it. If there is anyway for her to not have visitation then use it but be aware, she can challenge you in court if you just deny her court appointed visitation with out valid reason.
Tricky question. I would definitely contact your lawyer. Technically, if you know someone is wanted for a warrent, and you know where they are you're supposed to report it.
I would say to contact the non-emergency # for the police and ask them, but then that's putting you into the position of having to report her/turn her in.
M.
So the paperwork says mom gets the kiddo on the weekend, right? Does it say someone else can pick up the child? If it doesn't, tell her she can have the daughter when she comes and picks her up herself. When she arrives call the police and have her arrested on the warrant. I do not believe you have to "legally" turn her over to anyone who is not listed on the custody order. If you're still concerned, have the custody exchange in the police lobby, and again, have her arrested when she shows up.
Get the custody agreement changed so you never have to turn the daughter over. Doesn't sound like she deserves the time anyway.
Please talk with your lawyer about this. This situation is too complicated for any of us to give you valid advice. What are you afraid might happen? It sounds like the issue here is money. Has her mother ever done her any harm? Or made any physical threats? Non-payment of child support does not typically make any difference to visitation agreements. Withholding visitation could get her father in legal trouble, also. Please talk with your lawyer about what to do here.
I would think that if there is a warrant out for her arrest, that that would supercede any sort of previous visitation schedule. If you can't get an answer before this weekend when "mom" is scheduled to come get your daughter, call the police and inform them of "mom's" whereabouts. Chances are they would come right over and arrest her since there is an outstanding warrant. Then you don't have to worry about sending your daughter away with a fugitive mother. The only thing is, you might have to stall from the time you call the police until they actually arrive. (Maybe play dumb that you forgot this was her weekend with you daughter and take your time packing her up to go???) Just a thought. Good luck.
PS - For what it's worth, I would follow my own advice if I were in the same situation!
I would talk to child protective services and ask for their advice.
Visitation and child support are two separate unrelated issues. When she or her husband shows up to pick up the child, call the police and explain the situation.
