I need help! Any FBI agents in the house?

vwbusa

vwbusa

Registered
I love my kids! I have fought for my two oldest kids to get joint custody. Now I have to fight for my little boy. His mother took him out of the state and unlawfully relocated him to TN. There is a court order that she is not suppose to leave the state with out written permission. This is the second time she has done this, back in 2009 a judge ordered her to come back to AZ and she did. This time she met with a lawyer and she took off again.

There are so many fathers that get arrested for kidnapping... what about the mothers. Where is the justice? I have joint custody and joint decision making. It is in the court system, and everything that I have asked for to get infront of a judge has been denied and pushed off until September. In June or July all the judges rotate and I will have a different judge, basically starting all over again. If this goes to September, mother would have been in non-compliance for over a year.

I have filed motions to:
- enforce parenting time.
- expedite parenting time
- mediation
- administrative review

I have called police and nothing has been done. She is in direct violation and should be charged with interfering with judicial proceedings, kidnapping, etc. I just want my son home.

Any suggestions or advice is GREATLY appreciated.

I was told by an attorney that the court system feels "...if you don't have a lawyer, you obviously don't care about your kids!" Sorry I had to vent but my back is to the wall on this.
 
Are you legally within your right to go get him?

Just a 'hey son how are you, wanna go for a ride?'

And then vrooooooom all the way back home to Az?

How old is he? It's tough as I try to not do it but whatever you do don't fight or argue with her in front of him.
 
Contact the local child services dept in the town she is in. If you also contact the sheriffs dept in the town she is in, they will help you.
 
You need a lawyer who practices family law. Contact your local Bar Association; they should have a listing. Also, you may be able to find a lawyer who would be willing to assist you for no fee or a reduced fee, depending on your situation. Good luck.
 
I dont have to have any children to know what your going thru,i really hope that every thing works out for you and the kids,hang in there.
 
GoldenChild said:
Contact the local child services dept in the town she is in. If you also contact the sheriffs dept in the town she is in, they will help you.
Click to expand...

I tried this. They need a court order from AZ. The courts in AZ is pushing this case out till September 2012, even though I started filing stuff last year.
 
Bashful Boo said:
Are you legally within your right to go get him?

Just a 'hey son how are you, wanna go for a ride?'

And then vrooooooom all the way back home to Az?

How old is he? It's tough as I try to not do it but whatever you do don't fight or argue with her in front of him.
Click to expand...


I am afraid if I take him, I could be charged with kidnapping even though in 2009 the judge stated that AZ is his home state. He is 4 years old. I learned not to fight or argue because you can say anything to the police, even though its not true.
 
Poppy said:
I would hire a lawyer and get the process started of having her judged in violation of the current custody agreement. For me, I would hire a female lawyer. The site below has some good stuff and the forum looks interesting. Good luck with whatever direction you go!!!

Arizona Fathers Rights - Arizona Fathers' Rights assists fathers and families through the often painful process of the family courts in Arizona
Click to expand...

I thing this is great advice...

I can't for the life of me understand why any parent would keep the other parent from their kid(s), and I can't imagine what it's like to face this. My heart goes out to you, best of luck, keep it all legal or you'll risk losing rights completely and please keep us posted!
 
Could you file a civil suite against her for damages do to seperation from your son? Maybe that would make it impossible to live in another state and she might re-consider. At least it might give you some leverage. Tough position man, hope it works out. Just don't get mad and do something that will get her full custody. Stay cool and be patient.
 
vwbusa said:
I am afraid if I take him, I could be charged with kidnapping even though in 2009 the judge stated that AZ is his home state. He is 4 years old. I learned not to fight or argue because you can say anything to the police, even though its not true.
Click to expand...

I know in the state of TN, that its not kidnapping if you are the mother or father and take your kid elsewhere. MY stepbrother is going thru it right now. His girlfriend asked him if she could take the kids to the aquarium and never came back. Next thing he knows is she is in Florida now with the kids.

Good Luck getting them back. I think its rediculous that mothers have more rights then fathers "or so it seems"
 
Sometimes you have to fight/face jail time to do the right thing. I know every state has their own laws. But if my kids mother ever did that best believe I am not going to wait 6+ months to get my kids back. Is it kidnapping if you bring your son back to Az where he is suppose to be at legally?
 
This is messed up. I'm really sorry your having to go through this. wish I had some good advice to give you that would help you get your son back. Good luck and please keep us posted.

I just don't understand why some parents do this to their kids.
 
It’s not kid napping because if you guys have joint custody so she has just as much rights to him as you do, if not more. It is only kidnapping if you have full custody and then she takes him. It’s too bad that you don’t have full custody because kidnapping becomes a Federal offence when you cross state lines (that’s when the FBI would step in for you). If you have court papers that show she is to remain in the state of Arizona then the charge is Custodial Interference.

I’m confused on the status of the custody for the little one because you said………….

“I love my kids! I have fought for my two oldest kids to get joint custody. Now I have to fight for my little boy” and “I have joint custody and joint decision making”

Do you have a have a custody agreement already in place and you are just trying to get your son back to AZ or are you trying to move the court hearings up so you can get joint custody? Either way, the 1st thing you need to do is get a Lawyer to fight for your rights as the father. If you can’t afford one I would suggest spending some time researching both AZ and TN child laws to see what you can do. If you do already have the custody agreement how’s the time split? Is it 50-50 or do you only get him every other weekend and over the summer kind of thing? Because if it is anything other than 50-50 it means she has more rights than you. Bottom line is if she took him out of state against the judge’s order the she could be charged with Custodial Interference and Contempt of Court. Contact a Lawyer, and contact the local PD to see if they can charge her with anything. Try child services too…..Try anyone who you thing will listen.

Good luck brother and don’t do anything stupid that will keep you from ever getting him back; it’s better to wait for a slow court system and win the case than it is to make a rash judgment call.. I’m from AZ and know a few lawyers out your way; none who practice family law but I could make a call and get some recommendations for some peeps In your area if you wanted. Plus there are plenty of Internet blood hounds on here that would be willing to help you research laws and such. If we do it for which way a license place can be rotated in different states then I’m sure we can do if for something like this.
 
Good luck and hope everything works out for you.

Some very good advice given so far.
Like they said, don't do anything stupid that will cause you to have no rights.

Also document and save EVERYTHING. Dates you spoke to someone. Who you spoke to. What was discussed. And exactly what was said. Any text messages from the child's mother. Also any money given use a check with a description in the memo section. Never use cash.
 
dude, sorry to hear what your going thru, i went thru the samething...I have joint custody as well, but she decided to get married and move out of state....by LA law she was not able to take my son with her, it would have been considered kidnapping, so now i have him all the time, he now live in a better place and better home. yea, he still gets to visit with his mother upon request, but she knows if she leaves the state with him without me knowing...SHE WILL BE ARRESTED...when it comes down to my kids...I DONT PLAY AROUND. :firing:
 
You are not going to get anywhere with this (except trouble) without a good attorney. Shame as the Biotch is gonna make you waste money that would be better spent in your child's benefit. I'm in TN; my banker's wife ran off with her kids it took him 3 years to find her and get them back. Maintain a calm head and NEVER GIVE UP.
 
cant imagine what you are going through but as others have said you will need a good lawyer, perhaps one in both places will actually make it work faster. If you were to take any action outside of the "legal way" you stand to lose all 3 so be mindful in how you approach everything.

Honestly if I was in the same situation I don't know what I would do but taking my children and leaving the country, of course to some non-extradition place :whistle: would be my last option if the legal way didn't pan out right. No way I'd be away from my child like that. Is she allowing you to visit if you were to go there? That could be another way into the court system quicker, if she denies you the ability to see your child
 
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