custodial parent fled the state with the child

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Latest post 07-09-2012 7:04 PM by Chancey1. 13 replies.
  • 06-17-2012 10:16 PM

    custodial parent fled the state with the child

    My Ex fled the state with my son, My son had warned me this was gonna happen. I hired an atty an filed for a restraining order and modification of visitation.  She left before we could get her served. We have now filed the contempt charge but not knowing where she went how are we gonna get that served. My son said they were going to Florida and would have their identitys change. I understand there are things we could do if we can locate her, but how can we do that? she quit her job she had for 20 yrs and disapeared with my son. I think she is acting eradically. any advise is appreciated thanks

  • 06-18-2012 2:53 AM In reply to

    • DOCAR
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    Re: custodial parent fled the state with the child

    Have you tried a private investigator to locate her.  It is very dificult for the average person to truly disappear, but it may take a professional to find them.

  • 06-18-2012 4:13 PM In reply to

    Re: custodial parent fled the state with the child

    I am cosidering this, but not sure what state she went to. Dont know if P I will go nation wide? Also dont understand why I cant file a missing persons report on my child. Iam in Columbus,Ohio and the police dont seem to want to get involved

     

  • 06-18-2012 4:24 PM In reply to

    • DOCAR
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    Re: custodial parent fled the state with the child

    americanbrett:
    the police dont seem to want to get involved

    Probably because the child is with its mother, the custodial parent, and therefore, technically is not missing.

  • 06-18-2012 4:30 PM In reply to

    • CJ
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    Re: custodial parent fled the state with the child

    What are your current custody/visitation rights to your child?  How old is your son? 

  • 06-19-2012 12:31 PM In reply to

    Re: custodial parent fled the state with the child

    My son is 13 yrs, my court ordered visits is every other weekend and every wed after school until 6pm during school with a 15 minute phone call during the week. Summer is every other week from Fri-Sun.I never got the phone calls because his mom always took the cell phones from him. I never pushed the issue because I seen my son pretty regular. My son told me his mom was gonna take him and go underground and asked me to stop her. My atty filed for modication of custody/visitation and retraining order to stop her from moving my son out of state. The problem is she avoided being served. The process server tried to serve her at her job, she woudnt answer front desk, tried to serve at home she wouldnt answer the door, My son was sneaking and calling me 2 times a week. We never got her served before she left the state and now I cannot find them. My atty says we can get her served if we can locate them. My atty says she doesnt have much experience in cp leaving the state( which scares me) I havnt heard from my son in 3 weeks. We know she moved, quit her job of 20 yrs at chemical abstracts. I believe he will call but think his mom is keeping him from phones,computers etc. Not sure how to proceed. It seems I am way ahead of my atty as when she call with info I usually already know it from doing my own investigative work thanks anything would be helpful. Iam thinking intrastate interferance with visitation and failing to give the courts a forwarding address would be grounds to file a missing report but so far no luck. Whats odd to me other than her quitting her job, is that we have been split up over 10 yrs! shouldnt she be past all this by now.  Thanks sincerely Brett

     

  • 06-20-2012 9:25 PM In reply to

    Re: custodial parent fled the state with the child

    well good thing is your state still has jurisdiction to modify the current court oder if she never filed a petition to relocate.. first of all since she is disruptinge your current order she in contempt which im sure you already know but filing with the court will do you no good save your mon ey unless you luck up and find a judge that will grant a modication based service by publication. second check your states statute on parental kidnapping and parental interferance, then contact your local police department and or child recovery unit and file a missing persons report and let them do the leg work. Once they have done an investigation your next stop is the D.A. office where they should proceed with criminal actions age put outainst the mom, once they do this a warrant can be put into place so if she get anykind of ticket or whatever they will be notified. If the D.A. refuses to take actions against her go above them to the Attorney Generals Office of your state... hope this helps... DON"T GIVE UP BE RELENTLESS..

  • 06-20-2012 10:13 PM In reply to

    Re: custodial parent fled the state with the child

    What would your ex do for money since she left her job.  Are you currently ordered to pay CS?  If so, you may be legally able to have CSEA "escrow" your payments until Mom's whereabouts are known.  Run this past your attorney first, but if I were in your situation I would check with her family, neighbors, have mutal friends ask questions, monitor social networking site pages associated with her, her friends, her family, your son's friends and friends' families, etc.  It would be VERY difficult for an adult woman with a child your son's age to simply disappear without a whole lot of help. 

  • 07-07-2012 10:53 AM In reply to

    Re: custodial parent fled the state with the child

    Wow, sorry this has happened to you. I would got the private investigator route if you can do that as suggested above. Does she have parents or siblings or any close friends? Maybe you could shake them down for information on their whereabouts.

  • 07-08-2012 9:51 PM In reply to

    Re: custodial parent fled the state with the child

    I am so sorry to hear about your situation.  My family and I live in Louisiana and are going through a similar situation.  My grandchildren, ages 7 and 9 were taken by their paternal grandparents and  were taken out of state.  My daughter has not seen or talked to her children since June 5th.  Unfortunately, local law enforcement views these types of abductions as custody matters, and in our case, would not file an amber alert and would not file a missing person's report.  After several visits to local law enforcement, a felony warrant was finally issued this past Thursday, and was denied.  Last week, my daughter finally obtained temporary custody of both children after numerous motions were filed.  However, no one seems to be able to assist us to locate the children and bring them home.  However, we are not giving up, and neither should you.  We know that what happened was a crime, and we know that my daughter has the right to know where her children are and to have contact, and we will find someone who is willing to help us, and so will you.  I use the words "unbelievable" and "stunned" almost every day now because I cannot believe the lack of assistance for families in this type of situation.  However, the outpouring of support from families and friends has been overwhelming, and is what has gotten us this far.  I  truly believe that persistance does pay off. 

  • 07-08-2012 10:24 PM In reply to

    • Drew
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    Re: custodial parent fled the state with the child

    In some cases once Mom registers the child for school the new school will contact prior school for records and that may provide critical location information.

    Kids of 13 probably know more ways to communicate than ever before---



  • 07-08-2012 10:35 PM In reply to

    • Drew
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    Re: custodial parent fled the state with the child

    Revisit the criminal side of issues--once visitation has been denied by removal of the child it might rise to a tort/kidnapping issue under Ohio law and or possible contempt of the court order--do not ignore the criminal side --they might not chase mom but if there is a bench warrant out for her and she gets a routine traffic stop she might get picked up.



  • 07-09-2012 10:33 AM In reply to

    Re: custodial parent fled the state with the child

    Thanks for the support, There doesnt seem to be much help out there for us. I will never give up! I would like you to that these boards are not secure meaning if someone does a search of your name they may be able to see what is said on this board. This is the reason I stopped posting my course of action on here. There are some things we are doing but cant discuss on here. I know my ex is computer savvy and probably watching every move I make on the computer.  Yes you are right persistance is the key!!!

  • 07-09-2012 7:04 PM In reply to

    Re: custodial parent fled the state with the child

    It wouldn't be appropriate for folks to contact you off-board, and I'd like to think you wouldn't be silly enough to mention places and what not as to where leads take you (this isn't the place for that sort of discussion anyway).

    Ultimately, if your kid is 13, the notion that he couldn't get in touch with you at some point is pretty nonsensical (even if the parent keeps him out of school), so I'd meanwhile pursue the court order giving you physical custody and holding her in contempt.  The court won't expect you to "serve" her with a copy of a motion for contempt at anything other than the last known address if she doesn't have an attorney of record.

    Ultimately, even if it takes pestering your legislative representative, the police will open a file on the topic.

    I'd focus on getting a family court order for custody first. 

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