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Author Topic: Why is this not being taken seriously?  (Read 4977 times)

MysticsMemaw

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Why is this not being taken seriously?
« on: Aug 23, 2008, 06:52:23 PM »
My 6 year old granddaughter was taken for a visit by her biological father (BF) on August 17,2008 and never returned. This was not a man who had his child "stolen" from him. He has known where to find her since birth, but only met her a couple of months ago. Witnesses where he works say the biological mom (BM) confronted him at work and he denied paternity and refused to take responsibility for her. He started paying child support when she was 3 or 4, but in a year and a half after the support order was entered he NEVER tried to see her.

The BM is my son-in-law's ex wife. They have a daughter together who has been in his sole custody since she was three (the last 13 years). BM was in jail for seven or eight years and came back here after she was pregnant with Mystic. SIL has acted as Mystic's father since before the little girl was born, helping his ex-wife emotionally and financially.  My daughter was expecting her own child and had two others to care for, but she drove the ex to docotr's appointments and parole meetings to try to help her. When BM went back to work, my daughter was caring for her own new baby, the ex's new baby, her own 2 year old and her 11 year old step-daughter as well as the ex's 15 year old son. BM listed my daughter with social services as Mystic's step-mother. Yes, it is complicated, but my daughter felt that it was in her step-daughter's best interest to get to spend time with her siblings. There was a time later when BM got custody of another daughter back (age 14 at the time--19 now) and then tossed her out on the street when they got into an argument. That daughter moved in with DD and SIL as well until they were able to get her back to her father.

For the first two years, BM was a fairly good mother to the new baby, although she had little to do with the (then) 11 year old and often broke promises to her. After Mystic turned two, she began to leave her more and more often with my daughter--often overnight and then for weeks at a time.  One weekend visit lasted from June until October. During this time she actually gave my daughter and her husband power of attorney to make decisions as Mystic's parents. Just before her 5th birthday, BM left Mystic with DD and SIL once again, saying that she was going into rehab for a few weeks. The next day she was in jail for armed robbery and aggravated assault. There were probably some drug charges too, but I'm not sure. At any rate, that is when DD and SIL filed for temporary custody. It took them a couple of months to even locate the biological father, since no one would tell them his name. When they found him he was right where he had been before his daughter was born. In the same job at the same restaurant. (BM had told them he had gone back to Mexico and never told them he was paying support.) Then they got hit with the big WHAMMY. He filed for custody. After her mom left and went to jail, Mystic asked DD if she could call my daughter Mommy. DD felt that the real question was not, "What is your name?" but, "Can I count on you?" She told her to call her whatever felt right to her. When BF filed for custody, they felt she should know her BF, but that for him to step in and try to take over at that point was ludicrous. They were her family. She was safe and happy with them. They knew nothing about BF except that he had turned his back on her once already. They did not trust him and they apparently were right. At one point he admitted to Mystic's attorney that it was his intention to get DD and SIL out of his daughter's life and share custody with the BM. He does not seem to be concerned about the effects of drugs, guns or violence in her life. He does not seem to feel that BM will flake out on Mystic the way she did on her other three children, in spite of the fact that she has already begun to do so. At any rate, the court ruled that Mystic should stay where she was, with DD and SIL, until the resolution of the case, but gave BD visitation which was to be supervised by a counselor. After two visits the counselor decided he could take her for several hours at a time. The arrangements for the last visit were made by email, so there is a written record of what the counselor ordered. The police, however, say that she is with her biological father and that no crime was committed. They claim the court order was not valid. They really don't say why, but they say the visitation agreement was verbal and not binding on him. The judge is frustrated, but apparently does not have the authority to override them. The father lives in another county and got a change of venue. Since the court order was in that county and the abduction took place here, he does not have authority? I don't understand. The police in that jurisdiction view it as a kidnapping but lack jurisdiction.  The missing child networks could not help because there was no missing persons report. Even though we are in the same state, I don't understand why the Parental Kidnapping Prevention ACT does not apply. If other states have to abide by the ruling of the court in the home state, why don't other counties have to abide by it as well? I think the judge should charge our sheriff and DA with obstruction of justice, or at least contempt of court. IN the meantime he had 76 hours to get away before we were able to get any help.

The standard should be protecting the physical AND EMOTIONAL safety of the child. I know Mystic is terrified. She clung to my daughter and begged not to have to go with him. My daughter promised her it was only for a little while and that she would be home in a few hours to get ready for her first day of school with her brother and sisters. If this was not a crime, new laws need to be enacted that make it a crime to do this in the future. Once a case is in litigation, no one shoudl be allowed to take the child out of that court's jurisdiction. The cops here told me that they had no reason to think he was trying to avoid the authority of the court.

Give me a break. He told co workers he wouldn't be back from his "vacation." His wife quit her job. Their appartment is cleaned out. And he left 10 days before the court was supposed to rule on custody. His lawyer had told him to expect that DD and SIL would retain custody, but he would get visitation. If he expected to get custody, or felt satisfied with the outcome his lawyer predicted, would he uproot his family like this 10 days before final orders? I understand the PKPA to say this is child abuse. It affects not only Mystic, but the other 4 children at home who do not understand where she went or why. The other 6 year old won't even sleep in the room they shared, nor will she let anyone touch Mystic's things. They have been together most of the time since birth. The 16 year old is just pretty much shut down. She already had problems from BD abandoning her, now this. Can anyone tell me why this is not a crime, or better, how to get the authorities to recognize it as the crime that it is?

Bj

Bring Mystic home to us.


 

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