my friend has 2 boys 9 and 6 && they lived in the same town as he, but the mom and the dad was divorced but with joint custody... so the dad got to see his kids every other weekend... and last week the mom told dad that she would bring them to him by 9 that friday nite and she never showed up and come to find out she and the boys moved to FLORIDA... and mom told, dad that he would never see his kids again... but she doesnt have full custody... JOINT CUSTODY... could something be done about this?
2007-09-10 05:02:58 · 47 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Its not kidnapping. She is violation of a court order though. He is going to have to get a lawyer locate her and sue for contempt of court. He needs to document everything at this point. Every conversation he has with anybody involved in this, particularly the mother. He should also keep up child support payments if that is part of the agreement. These things are hard but if he is dilegent and willing to expend the money to fight her, he can win. In fact this little disappearing act may give him ammo to become the custodial parent.
2007-09-10 05:09:22 · answer #1 · answered by Muley Bob 4 · 0⤊ 0⤋
There is some kind of written instrument spelling out each parties rights and responsibilities regarding custody. This instrument is likely either a contract or a court order which in either case is specifically enforceable. A court has jurisdiction over the mother via a state long-arm statute. Even if she has fled to florida, she can be served and ordered to show up to court in the home state.
2007-09-10 05:12:15 · answer #2 · answered by LuckyLavs 4 · 0⤊ 0⤋
While it is NOT kidnapping in the sense I think you mean, it IS parental kidnapping (taking the child without authority and secreting the child so as to interfer with the parental rights of another).
Your friend needs to immediately file a motion to show cause for contempt praying the court order the immediate return of the children to the jurisdiction and that the court further find a significant change in circumstances sufficient to award the father full legal and residential custody.
THEN he needs to file a complaint with the local FBI office for parental kidnapping.
And if you've read this far, the ONLY applies if dad has COURT ORDERED custody (whether shared or not).
2007-09-10 05:31:59 · answer #3 · answered by hexeliebe 6 · 0⤊ 1⤋
YES!!
That is kidnapping!!!
If they are joint custody and she TOOK THE KIDS AWAY without the father's permission AND told him he would never see them again, that could legally be considered kidnapping!
Call the police, a lawyer, ANYONE in law or law enforcement! Save those kids- their mom seems a bit psychologically problematic, and their father COULD MAYBE be rewarded full custody because of this incident!
2007-09-10 05:08:31 · answer #4 · answered by B. 5 · 1⤊ 0⤋
Yes! The court ordered joint custody and therefore this father is intitled to vistations with his children. She has broken a court order and therefore if the father chooses he can take her back to court and obtain full custody of the children. Should she not show up in court, or run again, when she is found she risks going to jail. Tell your friend to call his attorney. It he is unable to afford an attorney, then he should contact the county District Attorney's office and they will help him free of charge if they find him to be qualified (financially) for help. Best wishes to your friend.
2007-09-10 05:12:14 · answer #5 · answered by ceegt 6 · 0⤊ 0⤋
Many joint custody agreement or court orders stipulate that the child may not be taken ourt of state without the permission of the other parent. Go back to court with an attorney.
2007-09-10 05:09:27 · answer #6 · answered by DrIG 7 · 0⤊ 0⤋
YES... Contact law enforcement immediatley. Contact the Child Abduction Unity of your local District Attorney's Office.
Immediately file an Ex Parte motion for change in Custody.
2007-09-10 05:08:47 · answer #7 · answered by Daniel 6 · 0⤊ 0⤋
yeah i'm pretty sure u can take that to court and the judge will do something about it either (A) force the mom to move back (B) give the mom full custody of the kids (highly unlikely) or (C) have the mom send the kids back to the father every so often
2007-09-10 05:08:30 · answer #8 · answered by Monkeyboi665 1 · 1⤊ 0⤋
He needs to consult an attorney immediately. In many states, the parent with physical custody cannot move out-of-state without the approval of the court.
2007-09-10 05:11:11 · answer #9 · answered by OPad 4 · 0⤊ 0⤋
Since he has joint custody, he can contact the authorities about her taking the kids out of the state. He needs to contact his attorney.
2007-09-10 05:08:35 · answer #10 · answered by Sparkles 7 · 1⤊ 0⤋