i am a 26 year old father that hasn't seen my son since august of 2009. I do have joint custody of my child, i pay child support every month. His mother just decided that she would stop bringing him for my visitation every other weekend. We had 4 court dates but every time the policeman goes to serve her the court papers she never seems to be at home. My mom, sisters,relatives and friends have seen her but she never have my grandson or her other 2 sons (she is now pregnant again with her 4Th child.) with her. I miss my son very much and long to see him again, please try to help me.
Well let me start that given the fact that you have joint custody for the child and the mother is making every effort to avoid being serve the court papers. As the other custodian for the child By law you have the right to file charges for kidnapping and contempt of court just make sure you have copies of the court orders with you .Hopefully this can have your papers served to her at that time also. Good luck
Your case is a bit complicated. In the state of California, your safest way to proceed would probably be to include three agencies at once: Child Protective Services, Police Department, and School Principal. If you have an attorney, ask him/her to write a letter to all three entities. The letter can be pretty much what you wrote to Education.com. They should provide answers for how to proceed. It appears to me that your x-wife is violating all procedures and legal agreements, and that she is probably using all the loop holes to her advantage. So that you are not given the run-around, write to all three agencies that I recommend. The best outcome would be that a representative from Child Protective Services and a police officer accompany you to the school the next time that you go try to see your son. After, after you see your child, then notify his mother of what you intend to do.
Make an appointment with the school principal and go talk to him about your situation to see what he/she advises, but if they hesitate, then write the letter and ask to be accompanied when you visit the school or the home.
Go to her home on the weekends that you are to have visitation. Watch for her to be home. As soon as you see her call the police - ask them to come to her house immediately. Show them the paperwork with proof it is your week/end. Once she hands the child over to the police you will then take your son to a doctor for a physical exam - look for signs of abuse. You will then go straight to the police station and have an order of protected (exparte) placed on your son which will not allow his mother to come within 30 or more feet of him. You will then visit your attourney the next morning for a court date.