My question involves a child custody case from the State of: California/Indiana
My question is I moved to California October 28, 2013 with my son. In order to do that my sons father and I went through a mediation that said: I could move with my son, that all pre existing things he had against him such as 3 contempt's for not paying child support would be erased he also had a 90 day jail sentence coming to him for one of those contempt's also he was to pay $720 to my lawyers as another contempt. All of that was erased so that I could move to this state. Now it has been one year since my son last seen his father and I received a voice mail yesterday demanding to talk to me about letting him take my son back to Indiana for Christmas. Now according to the Indiana state guidelines that is possible but he hasn't seen him for over a year and even before I moved the relationship wasn't great because he was on supervised visitation only seeing him 2hrs a week. And still didn't always see him every week. He is a criminal who recently got off a 4 year probation for on felony and just recently went back to jail again for another c felony both in dealing drugs and I don't feel comfortable allowing him to take my son. He also has no stable home, just his grandmothers from time to time. Now the mediator I spoke with said that if my sons father does not see my son for 6 months that we are now aid of the state of California and the mediation is no longer valid. Now I do not want to get in trouble for telling him he can not see his son so I plan to get a lawyer to help me. I just have to find a firm that is willing to help someone who is low income. My question is, since he has not tried to come and get his son for one year nor has he sent him anything for Christmas's or birthdays am I going to have to allow him to take my son or can I prevent this?
Thank you for your time.
My question is I moved to California October 28, 2013 with my son. In order to do that my sons father and I went through a mediation that said: I could move with my son, that all pre existing things he had against him such as 3 contempt's for not paying child support would be erased he also had a 90 day jail sentence coming to him for one of those contempt's also he was to pay $720 to my lawyers as another contempt. All of that was erased so that I could move to this state. Now it has been one year since my son last seen his father and I received a voice mail yesterday demanding to talk to me about letting him take my son back to Indiana for Christmas. Now according to the Indiana state guidelines that is possible but he hasn't seen him for over a year and even before I moved the relationship wasn't great because he was on supervised visitation only seeing him 2hrs a week. And still didn't always see him every week. He is a criminal who recently got off a 4 year probation for on felony and just recently went back to jail again for another c felony both in dealing drugs and I don't feel comfortable allowing him to take my son. He also has no stable home, just his grandmothers from time to time. Now the mediator I spoke with said that if my sons father does not see my son for 6 months that we are now aid of the state of California and the mediation is no longer valid. Now I do not want to get in trouble for telling him he can not see his son so I plan to get a lawyer to help me. I just have to find a firm that is willing to help someone who is low income. My question is, since he has not tried to come and get his son for one year nor has he sent him anything for Christmas's or birthdays am I going to have to allow him to take my son or can I prevent this?
Thank you for your time.
Custody and Visitation Issues: Out of State Mediation Broken by Non Custodial Parent
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