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Main Forums => Custody Issues => Topic started by: kydad on Feb 26, 2006, 07:53:27 PM

Title: When is it kidnapping?
Post by: kydad on Feb 26, 2006, 07:53:27 PM
Ex decided to move without telling me about it. I just happened to drive past their place and the house was empty. I tried to call their home number and it won't let me leave a message because it says the mailbox is full and my daughters cell phone has been turned off. Judging from all the tire tracks in the yard, the move is more than likely not very far away. I assume they would use a uhaul for a long trip. I have full custody of my daughter but have been allowing her to live with the other parent. I've posted about it before. Very weird situation but now I'm wondering what to do. When can I report this to the authorities? Is there any laws in Kentucky about parents taking off without leaving a forwarding address? Our agreement states that we have to provide eachother with current addresses. What are my options? The other parent is already on probation for offenses in another state. I wonder if this is enough to get them thrown in jail?
Title: Criminal Custodial Interference
Post by: Davy on Feb 26, 2006, 11:44:14 PM
Check out this subject in the articles section (bottom of this page) on this site under 'the Custody and Legislation".  The criminal laws (felony) are listed by state.   This is not a civil matter.

When you present to the DA/State's Attorney try to stay completely focused on tne missing child and the court order custody arrangement.  Locating and returning the child is of upmost concern.  Failure to leave a forwarding address and being on probation in another state are secondary.   The sooner you act the better.

For ease of communication it may be important to take a copy of the criminal statue for your state, the custody order, and pertenant info. for both the missing child and the abductor including pictures.

These laws were enacted to protect children.
Title: RE: Criminal Custodial Interference
Post by: mishelle2 on Feb 27, 2006, 10:13:29 AM
Contact your childs school, ask them for an updated copy of the childs emergency card, if they tell you the child has transferred ask them to what school district, they will tell you they have to under "FERPA" I HAVE GONE THROUGH THIS.. 2-3 TIMES.. have you been having visitation? If not, it may look like you are only saying kidnapped because you have custody, and willingly allowed the child to live with the other parent, without changing the custody agreement.

Post on Socs board.. hes brilliant, he'll tell you what you need to know

Title: Hold on Mishelle2...
Post by: Davy on Feb 27, 2006, 12:36:11 PM
You've only been thru this 2 or 3 times.  

Is the school going to return his daughter to the rightful custodian ??  

Why do you think these criminal statues exist ??  Could it be to protect children because civil remedies fail ??  

Title: RE: Hold on Mishelle2...
Post by: mishelle2 on Feb 27, 2006, 01:02:06 PM
Please dont misinterpret what I have said, I am saying use the schools resources to find your child then file the appropriate paperwork with the courts, but make sure you have crossed all your t's and dotted those i's, I personally think that if a child is taken then you should follow the law and prosecute it, trust me, if I would have been aware of the law when the mother of my daughter took her across the country, I would of ran to the courts for assistance, I just know that sometimes the judge interprets things a whole lot different than they actually are....  and whoever puts on the best show usually wins.. at least where I live.. I hope this clears this up.
Title: RE: Criminal Custodial Interference
Post by: kydad on Feb 27, 2006, 09:42:46 PM
I finally found a phone number that actually worked. I called the ex's cell phone and it rang and rang. Finally the voicemail came on. I hung up and tried a few hours later, once again, she didn't answer the phone. I left a message saying that she needed to call me back asap. Haven't heard from her yet and it's been over two hours ago. She knows that I called because she takes her cell with her everywhere she goes. If I don't hear from her tonight I am going to leave another message for her tomorrow letting her know that if she doesn't get me an address by tomorrow evening that I am calling the police. I'll let you know what happens.
Title: RE: Hold on Mishelle2...
Post by: smtotwo on Feb 28, 2006, 09:05:26 AM

This is also the way we went when  DH's ex moved 3 times!!

The school would tell DH that the kids were no longer enrolled then when we'd request records to see where they transferred them to.

And we just found out from 10 yr old ss that they're moving again!!

But we dont know where.