interference with custody

[morales1]

Violation of the interference with custody statuete is a third degree felony, right? can i press charges on my ex for interfering with my custody/visitations rights? and so how can I proceed? I have not seen my kids for 6 months she has moved twice already within those 6 months I can't talk to my kids or see them.. My ex and her spouse are really hurting my 2 kids and me.. there is a dcf case open but can't locate them since they keep moving the court does not know the new address I'm very concern about my kids...I have made lots of reports to the police to do wellness check ups on my kids but they no longer live in those adresses. after long 6 months finally we have court on 6-29-2010... what can i do if she does not appear in court on that date? I don't know where else to turn to...please help me

[Attorney Allison Belcher]

The state rarely presses charges with interference with custody. You file a complaint with the local state attorney or police and they determine whether or not they will file charges. If she doesn't come to court the judge could hold her in contempt or you can file a motion for contempt and ask for a writ of bodily attachment, therefore, the court can put her in jail.

[morales1]

does interfering with custody and visitations be a ground for change of parenting plan..me and my ex have shared custudy but she has physical custody... can the kids live with me if she is interfering in custody and visitations along with her live in boyfriend? he is from pakinston and keeps making threats about killing me and taking my kids with him and my ex to pakinston

[Attorney Howard Iken]

Yes, interference with parenting is a possible reason for a change. But you must prove it.