The divorce is not final...no custody agreements have been set....he was the custodial parent...she came to "visit" and took off with the baby across state lines...police were called...they can't help..she said she'd bring the baby back @ the end of the month....now she's saying she's not bringing her back...other than contacting the lawyer..what are our other options....she is military....we are a much more stable home for the baby and she knows it...she's just trying to be spiteful...
2006-10-03 16:16:51 · 13 answers · asked by kuntry_guhl 3 in Politics & Government ➔ Law & Ethics
nothing is final....they aren't even close to finishing the divorce agreement...I posted another question about this with more detail....http://answers.yahoo.com/question/index;_ylt=AuuNUrJDDpdWJWfAP8XxQmrzy6IX?qid=20061003183212AAubDLR
2006-10-03 16:24:49 · update #1
*sigh* before any smart a#$ answers please go and read the details on the other question....I'm looking for real help here all others will be reported cuz i'm not in the mood for mess right now....
2006-10-03 16:26:27 · update #2
LEGALLY THERE ARE NO PAPERS FILED FOR CUSTODY WITH THE COURTS...ALL WE HAVE IS A VERBAL AGREEMENT THAT HE WOULD KEEP HER UNTIL SHE WAS OUT OF THE MILITARY....HER COMMANDING OFFICERS ARE NOT GETTING INVOLVED AND NEITHER IS THE IG.....so what now?
2006-10-03 16:33:13 · update #3
If there is no custody agreement in effect then she has not done anything illegal. Your only option is to file for temporary custody in your home state. You can obtain a custody petition by filing in family court. You can file as an emergency if you believe that there is some risk to the wellbeing of the child. In this case your local domestic violence agency can assist you. Be sure to have it stated in the custody agreement that "all law enforcement agency that this petition is submitted to should assist you in the immediate return of the child." It should be stated just like that, otherwise law enforcement has no authority to intervene. Good luck!
Edit: I just read your other post. If your husband is granted temp custody, if you use the clause that I gave you then law enforcement will take care of obtaining the child from his ex. They will coordinate with you to get the child back to you. I've heard of them transporting the child or holding the child until you can be there to pick the child up.
2006-10-04 04:01:08 · answer #1 · answered by Anonymous · 1⤊ 0⤋
I am a mother and ionce took off with my children. My husband and I were not divorce either, so I hope that you will listen and know that what I am going to tell you is the truth. He can get the child back, the divorce isn't final so he is allowed to get the children from her. The only problem with this is until the divorce is final and custody is appointed they can both keep taking the children away from each other. This will just put the kids in to their argument, which is not where the kids need to be. When my husband came to get our children from me I just let him take them until things were solved, because I realized this. I moved back into the state that my children lived in and handled things that way. Foritunately my husband and I are back together (which doesn't always happen), but I think that the father may want to put this into consideration. By keeping his cool and understanding what the kids could go through if he went to battle the other way, may also show that he is more fit for the children. The Mother has already shown how immature she is!!!
2006-10-03 16:45:09 · answer #2 · answered by no.#1 Mom 4 · 1⤊ 0⤋
I'd go for a temporary custody order. If she is still in the military she cannot possibly look after a child on her own which would imply the child is being looked after by a non-parent. Any court should take into consideration initial custody arrangements and the fact she basically abducted the child. I would take it to court soonest, preferably before she can get out of the military. I don't know what the system is the US but in the UK we don't have to have a lawyer we can act for ourselves.
Doing it right takes a lot of planning, a lot of determination and a lot of heartache. I speak from experience, I fought two custody battles (2 sets of children) and won both which, for a father is unusual.
2006-10-03 23:34:55 · answer #3 · answered by bob kerr 4 · 1⤊ 0⤋
Whoa, whoa, wait a minute here...What your saying, is that your hubby is the "legal/custodial parent" and his Ex more or less kidnapped the baby. And you said that the police cannot do anything about it??!?! If this is a official court document/order, and your hubby has sole physical custody, then she DID kidnap their daughter. And, yes, this is delicate but sorry, kidnapping is kidnapping regardless of their being any relation. It's called Family abduction, and if you have papers proving what you are saying, then bring those to your police station and tell them that they need to put out an Amber Alert. Or at least give the Ex one more warning and let her know what you guys are going to do if she doesn't cooperate.....Yikes.....
2006-10-03 16:28:26 · answer #4 · answered by frigidx 4 · 1⤊ 0⤋
the youngsters are grown and function lives of their very own. only because of the fact the two considered one of you like to accomplish a little traveling mutually does not propose you are going to stay mutually or get married. the youngsters oughta be happy you have one yet another, if for no different reason, than for companionship. only considering you have thoughts and know for an further does not propose you do unlike or did not love and know his spouse. None persons be attentive to the way long we've in this earth. Neither of you betrayed his spouse, so which you each good to bypass forward and make some plans, spend it sluggish mutually, and luxuriate in yourselves. If the youngsters and grands won't be in a position to settle for that, then that's their subject.
2016-10-01 22:04:54 · answer #5 · answered by ? 4 · 0⤊ 0⤋
You need to contact your attorney immediately.
Please don't tell me that you don't have an attorney. If you don't, then you need to find an experienced family law attorney immediately.
You MUST obtain the services of an attorney who practices family law in your state who can obtain an order for custody of the baby. Once the order is in place, the police can be called to enforce the order. Her violation of the order can also be used later to show the court that visitation needs to be supervised.
PLEASE contact your local or state bar association immediately for a referall to a family law attorney.
2006-10-03 21:06:20 · answer #6 · answered by Phil R 5 · 0⤊ 0⤋
Although it appears on the facts presented here that a charge of kidnaping would lie, what is not clear is that you have legal standing to intervene. You can advise, but unless you have some legal authority to act, any specific action by you would not be advisable.
2006-10-03 16:33:49 · answer #7 · answered by Anonymous · 0⤊ 1⤋
I'm sorry to hear that. But it is never good to let things happen without a visitation order. If there was one then wouldnt she be in violation of that order? Time to call your attorney! Good luck!
2006-10-03 16:21:06 · answer #8 · answered by Michelle T 2 · 1⤊ 0⤋
If she is in the military try them. they are not real kind to those kids of actions. I quess the base that she is at, cammanding officer or JAG.
2006-10-03 16:29:28 · answer #9 · answered by Belladonna 4 · 0⤊ 0⤋
I'm not at all sure about this, but in this case I'd look into having her charged with kidnapping.
2006-10-03 16:21:57 · answer #10 · answered by Roland D. 2 · 1⤊ 0⤋