my sister and her boyfriend had a baby together. he left her for somebody else. my sister moved out of state with the baby. (from oklahoma to washington state) she was told it was okay since they were never married. well he called and told her that she had to be in court in in oklahoma on a certain date. she didnt show because she never got any legal papers or anything telling her about court. now he is telling her that since she didnt show they rescheduled the court date and if she doesnt show up to this one they will put out an amber alert on the baby. can they really do this? doesnt she have to be sent some kind of legal papers if she has to go to court?
2007-03-27 12:30:37 · 5 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Your sister need to get a lawyer fast, to deal with this issue in Oklahoma,
One factor is how long has your sister been living in Washington state with the child? There is something called the uniform child protection act which deals with child custody issues, under that if the child has been living within the state of Washington for six months or longer state of Washington can exercise jurisdiction under the child even if another state had original jurisdiction,
you will need a lawyer either way to exercise rights under Washington state if applicable six months or if not Oklahoma but get a lawyer and where ever you have to fight the custody at the same time the lawyer can hit the boyfriend for child support let him chew on that
2007-03-27 12:40:05 · answer #1 · answered by goz1111 7 · 0⤊ 0⤋
I am sure they did send out papers, but if they don't have the correct address then it wouldn't have came to her. They don't check to make sure you received them or not, they expect you to show up. I ended up spending a day in jail over that. The father should have signed a paper saying it was okay to move the baby out of state. Otherwise, she did it illegally. It doesn't matter that she gave birth to the baby, the father had an equal part in making the baby and he has as much right to it. the fact that he left the mother for another woman makes no difference and never will. They will not even consider that fact in court. Your sister needs to call the court, find out her court date, and she better show up or there WILL be a warrant out for her arrest.
2007-03-27 19:41:57 · answer #2 · answered by Good Gushy 3 · 0⤊ 0⤋
Short answer is yes to everything.
See UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT (1997).
1. Home state priority. The PKPA prioritizes "home state" jurisdiction by requiring that full faith and credit cannot be given to a child custody determination by a State that exercises initial jurisdiction as a "significant connection state" when there is a "home State." Initial custody determinations based on "significant connections" are not entitled to PKPA enforcement unless there is no home State. The UCCJA, however, specifically authorizes four independent bases of jurisdiction without prioritization. Under the UCCJA, a significant connection custody determination may have to be enforced even if it would be denied enforcement under the PKPA. The UCCJEA prioritizes home state jurisdiction in Section 201.
2007-03-27 19:38:02 · answer #3 · answered by Jason W 2 · 0⤊ 0⤋
Your sister has the right to (quash ) the service of the summons that required her to appear in court. Since she was never serviced the summons is no good. She must motion the court for permission to take the baby out of state wheather their married or not. Good luck
2007-03-27 19:45:52 · answer #4 · answered by Toolegit 5 · 0⤊ 0⤋
She has to be sent papers. Tell her to call the child support agency in her area, they can do the communicating.
2007-03-27 19:38:20 · answer #5 · answered by Dizzy 3 · 0⤊ 0⤋