Lawsuit for Interference with Custody???

[gatorguy3]

I am in Florida. I was wondering if I could sue my child's mother for her initial interference with custody upon leaving the marital residence with the child and denying me access with the child for almost a year. DOES ANYONE HAVE ANY CASE LAW where this was done against another spouse? The following is the statute in FL. that applies:

787.03 Interference with custody.--

(1) Whoever, without lawful authority, knowingly or recklessly takes or entices, or aids, abets, hires, or otherwise procures another to take or entice, any child 17 years of age or under or any incompetent person from the custody of the child or incompetent person's parent, his or her guardian, a public agency having the lawful charge of the child or incompetent person, or any other lawful custodian commits the offense of interference with custody and commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(2) In the absence of a court order determining rights to custody or visitation with any child 17 years of age or under or with any incompetent person, any parent of the child or incompetent person, whether natural or adoptive, stepparent, legal guardian, or relative of such child or incompetent person who has custody thereof and who takes, detains, conceals, or entices away that child or incompetent person within or without the state, with malicious intent to deprive another person of his or her right to custody of the child or incompetent person, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3) A subsequently obtained court order for custody or visitation does not affect application of this section.

(4) It is a defense that:

(a) The defendant reasonably believes that his or her action was necessary to preserve the child or the incompetent person from danger to his or her welfare.

(b) The defendant was the victim of an act of domestic violence or had reasonable cause to believe that his or her action was necessary to protect himself or herself from an act of domestic violence as defined in s. 741.28.

(c) The child or incompetent person was taken away at his or her own instigation without enticement and without purpose to commit a criminal offense with or against the child or incompetent person.

(5) Proof that a child was 17 years of age or under creates the presumption that the defendant knew the child's age or acted in reckless disregard thereof.

(6)(a) This section does not apply in cases where a spouse who is the victim of any act of domestic violence or who has reasonable cause to believe he or she is about to become the victim of any act of domestic violence, as defined in s. 741.28, or believes that his or her action was necessary to preserve the child or the incompetent person from danger to his or her welfare seeks shelter from such acts or possible acts and takes with him or her any child 17 years of age or younger.

(b) In order to gain the exemption conferred by paragraph (a), a person who takes a child pursuant to this subsection must:

1. Within 10 days after taking the child, make a report to the sheriff's office or state attorney's office for the county in which the child resided at the time he or she was taken, which report must include the name of the person taking the child, the current address and telephone number of the person and child, and the reasons the child was taken.

2. Within a reasonable time after taking the child, commence a custody proceeding that is consistent with the federal Parental Kidnapping Prevention Act, 28 U.S.C. s. 1738A, or the Uniform Child Custody Jurisdiction and Enforcement Act, ss. 61.501-61.542.

3. Inform the sheriff's office or state attorney's office for the county in which the child resided at the time he or she was taken of any change of address or telephone number of the person and child.

(c) The name of the person taking the child and the current address and telephone number of the person and child that are contained in the report made to a sheriff or state attorney under paragraph (b) are confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.

(7)(a) This section is subject to the Open Government Sunset Review Act of 1995 in accordance with s. 119.15 and is repealed on October 2, 2006, unless reviewed and saved from repeal through reenactment by the Legislature.

(b) Pursuant to s. 119.15, the Division of Statutory Revision is directed to certify this section, in its entirety, in the list of Open Government Sunset Review exemptions to be certified by June 1, 2005.

______________________________________________

to answer a few possible questions.

I have no history of violence against her or anyone else for that matter. I was never physically violent against her.

She does have a documented history of violence (court record).

she has no exemptions from the above mentioned statute because she did not proceed with the options as listed in (6)(b)(1)

Anything else, please feel free to ask.

[scooterdog]

Yes, you should be able to. Fathers have a constituional RIGHT to custody.(yes mothers do to) I won full custody 2 years ago. Here are a few things that may help:
1-Parental RIGHTS may not be terminated without "clear and convincing evidence: SATOSLKY V. KRAMER, 102 S. cT. 1388(1982)

2- You could sue her, using such statements like this:

Count 1: INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS AND/OR OUTRAGEEOUS CONDUCT AND/OR "INNOMINATE" INTENTIONAL TORT

" Defendant has caused foreseeable harm to plaintiff by intentionally and/or recklessly engeaged in extreme and outrageous conduct causing plaintiff harm in the form of sever emotional distresss and/or has neglegently engaged in outrageous conduct and/or have intentionally engaged in conduct which is unjustifiable under the crimcumstances constituting the "innominate" or prima facie tort referred to in the Restatement(second) of torts.

3-If she has someone else living there with her try this--" It is my understanding that if a mother has a boyfriend living with her the state can change custody to the father. JARRETT B. JARRETT, 101 S. Ct. 329

4- "IT is my understanding that a child has an EQUAL RIGHT to be raised by his/her FATHER, and must be awarded to the father if he is the better parent, or in the alternative, the mother is not interested. STANLEY V. ILLINOIS, 405 IS 645(1972)

5- "mother should not take child out of state if that prvents "meaningful" relationship between father and child. WARD V. WARD, 150 CA 2d 438. 309 (Calif. 1957)
MARRIAGE OF SMITH, 290 Or.567, 624, P. 2d 114 (Oregon 1981) and MEIER AND MEIER, 286 Or. 437, 595 P.2d, 474(1979), 47 Or. App. 110. 613 P.2d 763(Oregon 1980)

6---PARENTAL ALIENATION SYNDROME!

7-"Wherever Dad sits is the head of the table" Charlie W. Shedd

8-"If a father has built a sound character it makes but little difference what people say about him, because he will win in the end".Anonymous

9--"Preventing or restricting Appellant from seeing his child is a calculated and abusive action toward his child and causes emotional damage to Appellant. It also violates our constitutional rights. Parents have a fundamental right to direct the upbringing of their minor children. Also, connected to these fundamental rights is the protection of these rights from state interference without showing that there is a compelling interest to override the right of each parent: "...a fundamental right is defined as the following: a right so basic or essential that the state must have a compelling interest to override it, (and) must use the least restrictive means possible to secure the compelling interest." Roe v Wade, 410 U.S. 113 (1972), 162?63; Dunn v. Blumstein, 405 U.S. 330, 342.
Hope some of this might help. I have a case from Washington, where the husband sued the JUDGE, EX WIFE, HER LAWYER, THE GAL. Pretty good stuff. If you want it let me know.

[scooterdog]

Oh, one more thing, it is alot easier and safer to be on the offensive rather than defend as a father. Got my ass kicked the first time, got "primary custody" then, but I had a lawyer. The second and last, bought a bunch of books and went to war. The hearing took less than 1/2 hour, and I have full custody and control. Last but not least, if she has a record, criminal, this should be a simple matter. Let her get a shyster, bleed her dry, if you need books, I can email them to you as they may help. Good luck.

[scooterdog]

I have tons of stuff for fathers, again, hope you can use some of it.

Visitation (parenting time) is a constitutionally protected right which can be protected in federal court, even if father is in prison. MABRA V. SCHMIDT, 356 F.Supp. 620

Custody can be awarded to father of girls of "tender years" if mother commits perjury, and is otherwise immoral. BEABER V. BEABER, 322 NE 2d 910

Arguments that Joint Custody constitutes a "fundamental right." BECK V. BECK, 86 N.J. 480, see also 23 Ariz. Law Review 785

Ex Parte conferences, hearings or Orders denying parental rights or personal liberties are unconstitutional, cannot be enforced, can be set aside in federal court, and can be the basis of suits for money damages. RANKIN V. HOWARD, 633 F.2d 844 (1980); GEISINGER V. VOSE, 352 F.Supp. 104 (1972)

Federal Courts can rule on federal claims (constitutional questions) involved in state divorce cases and award money damages for federal torts or in diversity of citizenship cases involving intentional infliction of emotional distress by denial of parental rights, "visitation", as long as the Federal Court is not asked to modify custodial status. LLOYD V. LOEFFLER, 518 F.Supp 720 (custodial father won $95,000 against parental kid-napping wife)
FENSLAGE V. DAWKINS, 629 F.2d 1107 ($130,000 damages for parental kidnapping) KAJTAZI V. KAJTAZI, 488 F.Supp 15 (1976)
SPINDEL V. SPINDEL, 283 F.Supp. 797 (1969)
HOWARD V. KUNEN, USDC Mass CA No. 73?3813?G, 12/3/73 (unreported)
SCHWAB V. HUTSON, USDC, S.Dist. MI, 11/70 (unreported)
LORBEER V. THOMPSON, USDC Colorado (1981)
DENMAN V. VENEY, DENMAN V. WERTZ
Right to jury trial in Contempt:
BLOOM V. ILLINOIS, 88 S.Ct. 1477
DUNCAN V. LOUISIANA, 88 S.Ct. 1444

Custody can be changed if visitation is denied. ENTWISTLE V. ENTWISTLE, 402 NYS 2d 213

Money damages in federal civil rights suits need not exceed $10,000 HAGUE V. CIO, 307 US 496.

Spouses can sue each other while still married for torts, intentional and unintentional. BLUNS V. CAUDLE, 560 SW 2d 925 (TX 1978)

Right to electronically record one's own conversations without "beep note" when life, liberty or property is threatened, or to preserve sanctity of home. BEABER V. BEABER, 322 NE 2d 910; 18 US Code Sec. 2511(d)(20)

A conspirator is responsible for the acts of other conspirators who have left the conspiracy before he joined it, or joined after he left it; statutes of limitations tolled for previous acts when each new act is done. US v. GUEST, 86 S.Ct. 1170; US V.COMPAGNA,US V.COMPAGNA, 146 F.2d 524

Either parent can sue for interference with parental rights. STRODE V. GLEASON, 510 P.2d 250 (1973); Prosser: HANDBOOK OF THE LAW OF TORTS (West Publ. 1955) page 682; CARRIERI V. BUSH, 419 P.2d 132 (1966) SWEARINGEN V. VIK, 322 P.2d 876 (1958) LANKFORD V. TOMBARI, 213 P.2d 627, 19 ARL 2d 462 (1950); 7 F.L.R. 2071 RESTATEMENT OF TORTS section 700A MARSHALL V. WILSON, 616 SW 2d 934

I have more, but maybe someone else would like to get a word in edge wise. I hope you can use some of the things I posted, worked for me. Good luck.

[lamigradaddy]

I am a Police officer, my ex wife has huge mental issues, and a criminal record for shoplifting. She is on SSi income for her mental issues and various welfare services. Yet the court still awarded her custody of my 5 yr old son, I haven't seen him but for about 45 days in the past 2 years! I am supposed to have visitation with him 3.5 days a week, she never shows up. and her attorney backs her up! (Yet she will drive around my home and job with him in the car stalking me. -another story in it self) I have taken her to court so many times, I am out of money and not sure what to do, the court just slaps her on the hand- tells her to show up and she doesn't. I recently had visitation with him for 2 weeks- part of the 45 days - he didn't even know who I was anymore! He is 5 - not potty trained, talks like he is deaf- I can't understand a word he says without making him say it a dozen times, he swears non stop, told me that Momma says that I hate him and I am going to hell and one day the Police will take me away- and that if he says he never wants to come back to see me ever again, she will buy him whatever toys he wants when he gets home. I should have known she was doing all this- she is crazy. I have so many Police reports on her for stalking, harassment, violence etc- but her attorney filed a law suit against the Police dept. stating that they were violating her civil rights by favoring me because I am a Cop. I have never harmed her, was never abusive to her, and pretty much gave her everything. Yet, she lies all the time, I never see my son, and was just taken to court for more child support and lost- I pay her 1200.00 a month. She takes half my monthly income- I also have 2 other biological sons in my custody with my new wife, and we can hardly support ourselves. Can you help me a little bit with the case law, and how you went about gaining custody from your ex?

[GodWillGiveMeJustice]

Lamigradaddy-

I have a similar situation. My ex husband was awarded custody and he has denied me visitation and phone calls, emotionally abused the children and brainwashes them, he is a sociopath by refuses to get a proper evaluation. Their lies in court won them costody, he was abusive and still abuses me bu the police won't even let me make a report becasue they defive "domestic violence" as physical assault. As you know, emotional & verbal abuse is far worse that a slap in the face. But since the 1st amendment protects free speech a person can tear you down all they want and get away with it so long as they dont make death threats. And the police (you know this from fist hand experience) can not get involved in civil matters so that leave you at the mercy of the courts. As for the child support thing, I highy suggest you get a modification- check out the following website:
http://fathersforlife.org/famlaw/csusgeorgia.htm
child support is totally unconstitutional.

[fighting_father]

I feel for you both GodWillGiveMeJustice and lamigradaddy.

As a police Officer, do you think the situation you are in is fair ?
You have no "money" to live, but yet the EX lives high on the hog, is there something the matter with this picture ?

I do not mean to attack you lamigradaddy for we are all equal and should be treated as such, but, would you favour a Police Officer coming to your home and throw you in jail for not paying anymore support ?
Would that solve anything ? or would it make your situation worse ?

Once again, this is not a low blow, but an honest question for which I want an honest answer.

I am also in a similar situation, but have decided to take a different route.
There is a presumption of numbers and figures thrown around that says someone has to abide by.
There are rules and regulations running around as statutes and acts and are being presented as LAW.

As a police officer, have you ever been handed a certified copy of such a statute or are you taking it to be law and truth ?

What I am trying to get at is, the government officials are saying, here is the law live with it or be thrown in jail. To me this sounds like slavery, and if we do not obey, then they use strong arm tactics.

No matter what amount of support you pay, you will never get ahead, your new marriage will be in crisis, you live worse than a dog, you basically have no life.

Now both of you stand up and take a good look at the world around you, WHO ARE YOU and what is it that you want ?
Do you like being governed by another man or woman ?
I certainly don’t, but yet, the system USES Police Officers to do their dirty work, while the lawyers and judges sit back and laugh.
Would you like to be left alone to live your life out in peace ?
This is all we want, to be left alone to LIVE.

Life is not supposed to be stressful.

Sorry if this seems like a bitter post, but we all have to start waking up and finding out WHO WE ARE.

I’m also not saying not to pay support, because if you feel the need to then by all means fulfill what your heart and mind tells you.

I on the other hand do not bend over to EXTORTION or THREATS.

Sorry, but this topic really gets to me and no man or woman should be subjected to this kind of cruelty, especially not been able to see your own kids, and someone else allows this to happen.

Your comments are welcome and also there is much discussion on other forums about this situation.
There are so many going through this, and so many taking their lives over the despair of not seeing their kids and having no “money” to live.

Peace

[ezrhythm]

Welcome lamigradaddy to the Sui Juris forum! We're glad you're here along with GodWillGiveMeJustice.

Be blessed, find wisdom and peace in Christ Jesus!

[GodWillGiveMeJustice]

Fighting father,

thankyou for your post. I have spent many days and nights crying and mourning over my babies- wallowing in despair and desperation over this whole situation. Just today I was so upset over it all that I vomited- I am losing weight and is is causing stress on my new marriage because my new husband hates to see me hurt and he can do nothing to protect me from the evil that my exhusband and the court system crush me with.

I left him because I decided that I wasn't going to be abused anymore. It took so much courage to leave because I feared a lot of outcomes.

And now that I have left him, he still has a grip of control over me that he will not let go til hell freezez over. My new husband is wonderful, treats me with dignity- I JUST WANT TO LIVE MY LIFE but the ex is so full of bitterness and revenge that he will do ANYTHING to keep control over me and wreck any chance for happiness that I might have.

God help us all. Vengence is his. I may never see justice in this life, but in that great day of judgment God will have counted every tear I cried and will hold it against my ex for all the evil he brought into my life.

I must forgive, I must forget but my ex will not let me move on.

[fighting_father]

How about God giving you the truth ?
I know your pain, still know it.

Doesn't matter if you are woman or man, the EXs seem to want to destroy lives.
In many of the cases I hear about it is the Father who has been victamized.

I do not get to see my kids either, and I'm in the middle of possibly having some jail time for something that I believe in, EQUALITY.

So as I said to the officer, would going to jail make anyone's situation any better ?
What is their real purpose here ?

Well send me a PM, and hopefully with time you will both see the truth.
Maybe some education in opening the door of TRUTH may give you an opportunity to see the MATRIX for what it is.

I am but a simple MAN wanting only to live my life in PEACE, and hopefully what I have to share may help guide your situtations.

Looking forward to both of your PMs.

Peace