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liberty4mysonAL

Non-custodial pick up order

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Hello, I have a pending child custody modification case in Alabama. The father of my child was awarded primary physical custody in October of 2011 due to false allegations of child abuse. I recently had him arrested for Harassing communications for threatening me and my child via text, calls, and in person, and also filed a protection from abuse with our local youth center. He has filed numerous motions since then, one of which is to suspend my visitation, but the judge DID NOT grant it. The protection from abuse was later dismissed, for an unknown reason (my attorney is inadequate). He has not brought my son for my scheduled visitation since March 8, 2015. We meet at our local sheriff substation so every time he did not show I filed a report. The sheriff's will not do anything, or go get him, unless I have a court order. I should be getting him for visitation the entire month of July but I'm sure he will not show. My question is, can a non-custodial parent get a pick up order so the father will have to bring the child for visitation?  The father has retained a pick up order before when I did not return our child due to an abscessed tooth, even though I notified him that I would be taking him to the doctor and provided proof of that. The sheriff's surrounded my house and acted like I was a murderer, took my child, and met the father down the road with him. I would not like for it to be that dramatic, but would like an order making him bring our child to our regular meeting spot. I have not had adequate counsel, matter of fact, I haven't been able to contact my attorney in over a week. I need HELP with this situation, as I miss my son and I know he misses me as well. If I can get some kind of order, could you tell me how I would do that myself? Any help would be so greatly appreciated. Thanks in advance!

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can a non-custodial parent get a pick up order so the father will have to bring the child for visitation?

 

I'm not sure what a "pick up order" is, but you certainly should be able to have your ex held in contempt for failing to comply with the visitation provisions in your divorce decree or custody order.

 

 

 

my attorney is inadequate. . . .  I have not had adequate counsel, matter of fact, I haven't been able to contact my attorney in over a week.

 

Then you ought to be thinking about firing him/her and hiring someone worth a damn.

 

 

 

I need HELP with this situation, as I miss my son and I know he misses me as well. If I can get some kind of order, could you tell me how I would do that myself? Any help would be so greatly appreciated.

 

Not sure what you have in mind.  There's only so much folks on an Internet message board can do, and walking you though the steps to obtain a contempt citation isn't one of them.  I really encourage you to consider retaining new counsel if your current attorney is proving to be inadequate.

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Isn't this a law forum? That is why I was asking the questions. I know no one can help over the Internet, but I figured someone may know how I would/could proceed in getting my son picked up with me being the non-custodial parent? If I had the funds to fire and rehire another attorney I would not be asking for help. I have exhausted all my funds and have used several different attorneys but none seem to care enough to help do anything. I know he's in contempt, but if I don't have an attorney to file the motions then what am I supposed to do? The court doesn't do anything for him being in contempt anyway, he was in contempt from day one of the divorce and still got custody of our son.

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Are you talking about a performance bond? http://info.legalzoom.com/alabama-laws-enforcement-child-visitation-24473.html

 

If you are having difficulty paying for legal representation, check into legal aid clinics, law schools, and other community resources. http://www.legalservicesalabama.org/services/childen_families.html is one place to start.

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liberty4mysonAL,

 

Thank you for the post.  I understand you are frustrated but the thing is here is that the person who is best equipped to help you is your current attorney, unless you are willing to file the appropriate  paperwork  for e performance bond or motion to show cause yourself.

 

Is there a reason why he would not be returning your calls? Have you thought about filing a complaint to the Alabama Bar Association?

 

The self help legal aid options may also be worthwhile.

 

-The FindLaw.com Team

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Thank you ElleMD and FindLaw_FN, I am currently using an attorney through a legal aid locally. I have used her since March and she has not filed anything with the court informing them of his contempt. The previous 3 attorney's I had did the same exact thing resulting in my family and I spending over $15,000. My ex filed something with the court that ordered the sheriff's to pick up my son wherever they may find him. I was wondering if I could do the same with me being the NCP. I have an order that states that I have visitation with him for the whole month of July. Thank you again for the links and information very helpful.

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Sheriffs typically do not transport a child from one parent to another. We have no way of knowing what was said that made them go looking for the child. it could have been reported as a missing child or any number of other things. If you have an attorney ASK why nothing has been filed. We can only guess.

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The reason he was picked up is because I did not return him from my regular scheduled visitation (every other weekend from Friday 6pm to Sunday 6pm) due to an abscessed tooth. My son told me his father knew about his tooth hurting and did not take him to get it fixed. I took him to his dentist that Monday and had the tooth extracted and they put him on medication for infection.  I notified his dad and stepmother of the reason why I did not return him, and asked if he could stay with me for a few days while he recovered. Of course I got no reply and he/she claims in court I did not contact them period, his attorney even questioned me in my 100th deposition basically saying I was lying about the whole thing and did not send medication back with the deputies. On Wednesday of that same week I woke up to six sheriff's surrounding my house. They made me turn over the child to them and I sent his medication with them. They stated the father was waiting down the road for my son. They gave me a court order that was signed by the judge that says "Instanter motion for pick up" at the top. My sons birthday is in July and I want to get him for that, especially since he did not allow me to have him for Mother's Day (not even a phone call)! He has made co-parenting a nightmare, nothing can be negotiated or compromised with him. The court system is not doing anything to him for being in contempt, and the same thing happens every time I hire a new attorney.........they get my money, say they are going to do this and that, and once his attorney contacts mine, nothing is ever done. This is ridiculous that the court system doesn't care more about the CHILDREN suffering at the hands of the system. I don't care about my feelings, but my child has cried to me numerous times about all this and I'm sick of it. 

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Now you know what attorneys deal with every day concerning clients who won't return

phone calls, respond to letters, attend office appointments.  Today, a woman who

had complained that her ex-spouse (custodial parent) was not complying with the

visitation order rudely hung up the phone at the start of my call to her to obtain

more facts from her. Now she won't get any help from me.

 

If you spent $15K on this thus far this summer, you've been taken to the cleaners.

 

I would meet with your new attorney and try to pin that attorney down on

a timetable for getting documents drafted and any pre-filing conferences

or you'll need to move on again

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I didn't say I spent 15k this summer. I didn't call your office and hang up on you today and I've never done that to my attorney so that has nothing to do with this question. This forum must be more attorneys trying to make us everyday people look like idiots because I still haven't received an answer to a simple question. I do appreciate the two replies that were helpful and not rude like the other unnecessary, rude replies. Though the rude replies do help prove my point about the system not caring about the suffering of the children living through this mess.

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A few questions: does your visitation order require your ex to deliver the child at a specific place and time? Why is the child delivered at the sheriff's office? After the child had the abscessed tooth extracted did you ask your ex to come and get him or her or did you just decide to keep the child? Did you go to the sheriff's office at the appointed time to return the child and explain the child's absence? (It sounds like your ex got an "Amber alert" issued when you did not return the child for more than two days beyond your required time.)

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Thank you for your response RetiredinVA. Yes the visitation order requires us to meet at the sheriff's substation, which is very close to both of our homes. I asked for that requirement due to several altercations involving him, his family, and me, during the custody exchange. I thought that would make things smoother for my child during the exchange, and it has helped some. After the abscessed tooth I contacted my ex to let him know what was going on but he never responded, so I never got to that point of asking him to come get him. There wasn't an amber alert filed during that time because he knew where our child was. The top of the paper says "Instanter order for pickup". I have spoke to the deputies several times, while I was making reports of his refusal to bring him for visitation, and they said I have to have an order from the judge ordering them to go pick up the child and transport him to me before they will get involved. 

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I have no ethical or legal obligation to Liberty to solve the

psychological-legal drama that's going on between Liberty

and the other parent.

 

My answer:  have a Level 3 Parenting Time Coordinator appointed

by the Court if that is allowed by your state's statutes. It will however

cost $200 to $250 per hour. Some psychologists do it, or licensed

clinical social workers or Court appointed attorneys.

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