My fiance was separated from his wife for about 2 months before we got together. He had (not legally) custody of their 4 year old son when we got together. His wife all of a sudden wanted A.J. and went to court to get an order of protection saying my fiance hit her (wasnt true) and she got TEMPORARY custoday and a restraining order against him. That was in April 05 and has since expired. She took off with A.J. in Sept 05 and we only have a vague idea that she is in AZ. We havent seen or heard from her since. We cant afford a lawyer or a PI to find her. Is this considered parental kidnapping? The order was only for 1 year and he had visitation every other weekend. He filed two police reports in the state it happened but they said he didnt need anymore since there was a warrant out for her arrest for the prev. 2. What can be done to get a.j back? Can he find her and just take him since there is no legal custody ? He cant file a divorce yet bcause he dosnt hav ne idea where she is. Help!
2006-11-02 16:37:25 · 11 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
He tried to file a missing persons report and a kidnapping report when it happened but they said since she had temp. custody he couldnt do it. The order expired in april 06. They found her once in AZ but the detective wouldnt give us her address and they would extradite her back due to the fact that Arkansas didnt have the money (1500.00) to pay the state of az or some bs...
2006-11-02 16:43:09 · update #1
I read a few answers and have a few more details:
She did NOT have legal right to leave the state, we talked to the actual judge about that but he couldnt do anything until we had a lawyer that we couldnt afford at the time. We know AJ will have problems when coming back. I can only imagine the things she has said to him about where his daddy is. We miss him so much.
The reason she left was because we called DHS on her because he was sleeping on the floor with spiders, never brushed his teeth or took baths, no food in the kitchen. They were going to take him from the home, they called us to make sure we would accpet him, and when they went back the next day she was gone.
2006-11-02 16:54:33 · update #2
since there was no formal custody given to him yes she can do that, if i were u i would talk to legal aid about some legal help and sometimes you can even get a lawyer who will do it pro bono (free). Since he was ordered visitation there is a clause that he can file a motion to modify the order since she is in violation, it is free just go to the court house and ask to file a motion to modify. He also can file for a divorce thru publication. You can im me and i will explain how to do it thru publication. or email me and i will write you and explain that in detail. my email is mom_single_sexy
2006-11-02 16:42:51 · answer #1 · answered by Anonymous · 1⤊ 0⤋
The child [A.J.] is the real victim here. He has been kidnapped and robbed of a nurturing family enviorment and a mom and dad.
Why do the children of a fallen marriage end up being torn in the middle of the raging war of separation ? Don't expect A.J. to come out of all of this unscathed ! He will be affected. I feel like puking when I hear of people worry about the legal ramifications of the failed marriage opposed to the child's nurturing needs. Where A.J. is right now,[ in his emotional state] whether he is with your boy friend or his ex ... he'll never be back.
2006-11-02 16:49:13 · answer #2 · answered by guraqt2me 7 · 0⤊ 0⤋
What she did is known as "custodial interference". It's NOT considered kidnapping, since the person doing it has parental rights to the child (they simply violated the terms of their custody order).
Kidnapping is a capital crime (very serious felony) - interstate kidnapping is a federal capital crime...
Custodial interference is a civil tort (a violation of a legal contract - in this case, an order of a civil court judge)
Cops take capital crimes very seriously, and will go all out to investigate them..
Cops can rarely be bothered to enforce civil court orders, or intervene in civil tort matters - so, basically, you can't expect the police, either in Arizona or in your state, to actively help you here
Also, you cannot go and just take your child back - that too is custodial interference...
The best bet is to get a lawyer, go back to court, and get a formal court order demanding the return of the child - in that case, the child's mother would be formally in contempt of court, a bench warrant could be issued by the judge, and you MIGHT be able to get the cops to help (if you can track down the wherabouts of the mom and the kid yourself, and if the local police where she lives aren't too busy with other stuff that day to go out and enforce an out of state bench warrant)
Good luck (because you will need it)
2006-11-02 16:44:48 · answer #3 · answered by Anonymous · 1⤊ 0⤋
I am not sure if the law on this varies from state to state, but here (Im in Iowa) if there is no order on custody, then either parent can take the child anywhere and it is not kidnapping. However, the parent that does it, is very frowned upon by the courts. He can file for divorce on the grounds of abandonment. After a certain amt of time, if she isnt found, its granted. Good luck
2006-11-02 16:41:30 · answer #4 · answered by s w 3 · 1⤊ 0⤋
i do not believe it would be considered kidnapping as legally right now she has custody of the child, she can do as she will. if your boyfriend wants to get custody then he needs to go to court and fight. regaurdless of if she runs or not she will end up having to go to court to fight against it or just give in and let him have the kid. with filing for divorce it is the same issue, whether you know where she is or not, you can still file and the state can and will find her. there is always record of where you are and you can be found in the US at any time, unless you completely stop using your identity and get a new one, or only use cash and live in the wild.
2006-11-02 16:42:23 · answer #5 · answered by daggermouth 3 · 1⤊ 1⤋
As far a divorce goes...in some states you can place an AD in the paper and she will have a certain time to respond. If she does not respond they will grant his divorce.
As far as the kid goes.....I dont think she had the legal right to leave the state. She had to get ur boyfriends permission to leave the state. I would try to look up and see if they have legal help...sometimes they do it for free. See if they can help you. See if there is a college near you with a legal department...people who are studying to become lawyers will use this to help them get ready to become an attorney.
2006-11-02 16:45:21 · answer #6 · answered by Chickybabe 6 · 0⤊ 1⤋
He needs to file a breach of order from her breaking her contact orders and he needs to file a missing person with the police has he contacted her family? If it is she is OK the police don't have to tell him where she is but a judge can make her bring the child to see him or even grant him custody of the child.
2006-11-02 16:42:38 · answer #7 · answered by Anonymous · 1⤊ 0⤋
If you really push the issue, You might be able to get it for kidnapping, depending on what the visitation agreement is. No matter what, if the Court or says that he is entitled to visitation, and she is not complying, this is contempt of court. If you file with the courts, it will only cost around $50.
2006-11-02 16:44:00 · answer #8 · answered by Anonymous · 1⤊ 0⤋
As much as it sucks, she took the child (at the time) legally.
He needs to get an attorney and fight for his visitation rights. The attorney will have the obligation of finding the mother and forcing her to comply and appear in court. If she does not, she is the one in danger of losing her child.
It is ugly. It is hard. But, the child deserves to know this father that obviously cares so much :-)
2006-11-02 16:50:01 · answer #9 · answered by rvogelpohl2001 4 · 0⤊ 0⤋
you cant do much yes he can file for divorce he can say he doesnt know where she is and ect..look up legal aid in your phone book they will be able to help ya if any questions just IM me
2006-11-02 16:41:00 · answer #10 · answered by k_lecureux_1999 2 · 1⤊ 0⤋