I need help! Any FBI agents in the house?

[GNBRETT]

first of all its not kidnapping when you both have joint custody. its certainly a civil violation of a family matter if the child is not allowed to be taken out of state but hardly kidnapping.

the FBI or any other LE division will not get involved unless there is a court order. LE does not get involved in custody battles until a judge has issued a court that is enforceable by a criminal statute. if you have joint custudy and the child has been taken out of state you will have to wait till the court gets around to hearing ur case unless you can show some immediate danger to the child.

to be honest with you without an attorney to file motions in court to expedite your complaint your just gonna play the waiting game.

go get him and bring him back if you want him bad enough. easier said then done I know but taking ur son back to where the judge has already stated is his home state will not result in you being arrested and let her fight to keep him.

 

[1fast450]

In Louisiana there is a law that one parent can't move more then two parishes away without consent from the other patent. Joint custody or not. And I do believe it is considered kidnapping if they do. At least that is what the lawyer was telling me when I went through my divorce last year.

And I believe in California the same law exists but is 3 counties.

 

[vwbusa]

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 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

She has already denied me taking the child. Believe me I want to do things my way but I do not want to risk loosing everything. The court system has messed up, and when I have told them things that are suppose to happen they either have hung up the phone, or done absolutely nothing just waiting for September. The ball has been dropped by someone, but this case is like a hot potato in which no one really wants it.

 

[vwbusa]

first of all its not kidnapping when you both have joint custody. its certainly a civil violation of a family matter if the child is not allowed to be taken out of state but hardly kidnapping.

the FBI or any other LE division will not get involved unless there is a court order. LE does not get involved in custody battles until a judge has issued a court that is enforceable by a criminal statute. if you have joint custudy and the child has been taken out of state you will have to wait till the court gets around to hearing ur case unless you can show some immediate danger to the child.

to be honest with you without an attorney to file motions in court to expedite your complaint your just gonna play the waiting game.

go get him and bring him back if you want him bad enough. easier said then done I know but taking ur son back to where the judge has already stated is his home state will not result in you being arrested and let her fight to keep him.

There is a court order, and it clearly states that the child shall not be taken out of the state of AZ for any reason with out written permission. Also there is the Az revised statue ARS 25-408 that states there needs to be written permission to relocate out of the state or any distance greater than 100 miles. As I have mentioned I have filed everything that an attorney would file, but because I am a "pro per" (with out a lawyer), I feel they are screwing with me.
Isn't this a criminal matter if you do not abide by a court order? Even if you leave the state and return with in 48 hours it is still a misdemeanor. Some how I feel if I was to take my son and flee the state, it would be national news. All I want is my son back. That's it.

 

[04stretchedbusa]

It bull if it's a man he would of already been arrested,just my thoughts.

 

[300Busa]

Good Luck brother..it's a tough situation to be in.

 

[QWKENAF]

I am in the same boat as you... My ex relocated 356 miles north but stayed in the same state. She did it without notice and managed to keep him from me for 8 months, until I was able to track her down. Turns out she got a job as a cop!!! how the hell did she get a job in public service without a background investigator contacting me?!?! I've been through backgrounds and they go through everything with a fine tooth comb... Back to your dilemma, having gone through this the best suggestion I have is filing for a hearing "ex-parte". Which tells the court this is an emergency and it needs to handle expeditiously and you should have a court date within a week or two, but she still has to be SERVED. Secondly if/when you do retain an attorney, I've found that when the attorney is actually "Certified" in family law they tend to be a lot more aggressive when it comes to fathers rights. As is the attorney I use. When we have gone to court he seems to box her in with things the other attorney's have never even mentioned. There might be other avenues you can pursue, PM me if you need to... not an attorney but I have been dealing with the same issue for eight years. Good luck brother.

 

[QWKENAF]

"Isn't this a criminal matter if you do not abide by a court order? Even if you leave the state and return with in 48 hours it is still a misdemeanor."

You may also be able to pursue felony child endangerment charges is the circumstances have caused distress or your child is living in an "unsafe" location... that one worked for me

 

[vwbusa]

Broke down and got a lawyer... They are not cheap, cashed out my retirement to do it but my son is worth it. I hope things will start moving, I just want my son back.

Big thank you to everybody! It is sad that it has to go to this extreme. Thank you Lord for patients!

 

[mrsBusawhipped]

Good luck. Hope your lawyer makes her pay ALL legal fees since this was her doing.

 

[VaBusa]

Glad you have a lawyer now...please keep us posted and I wish you the best!!

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