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Author Topic: Is this possible??  (Read 7678 times)

Davy

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Re: Is this possible??
« Reply #10 on: May 29, 2011, 08:28:56 PM »
I understood from a recent post that the OP had contacted an attorney for the purpose of filing a custody action (temporary custody) in the home state which ia entirely proper and necessary.  It is also proper and necessary to file ex-parte ... without notice to opposing party since an address is not known to gain service. 
 
The only important issue is the BM has abscounded with the child to parts unknown thus defeating any custody relationship the child would have with the other parent (and visa versa).  At this point (if ever) the mode of transportation as well as the travel iternary is not relevant.  The clock is ticking .............. A home state custody filing is a necessity and will rendor any other filing moot.


Kitty C.

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Re: Is this possible??
« Reply #11 on: May 29, 2011, 11:41:47 PM »
You're absolutely right, Davy...how the BM got there is certainly irrelevant at this point.  But my purpose of pointing it out is because there are discrepancies between this thread and the previous one by the OP.  Giving the impression that the BM is out of the country with the child in this thread when the OP stated something completely different in a previous post has raised red flags for me.  All I'm trying to understand are the true facts of what's going on here.  And by asking the questions I did, I hope that the OP will clarify.
 
 
Handle every stressful situation like a dog........if you can't play with it or eat it, pee on it and walk away.......

Davy

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Re: Is this possible??
« Reply #12 on: May 30, 2011, 11:02:13 AM »
I'm just trying to advise the OP that the very first CRITICAL step is to confirm jurisdiction in the HOME state by the simple filing concerning the child.   The matters of CS, mode of transportation, travel itenary, passports, school records, etc.  are side bar issues that can be washed out in the future.  The statues provide for judges of conflicting jurisdictions to communicate and right now the statues are on his side but may be lost (costly) if he continues to horse around.   Attorneys may be somewhat ignorant (especially in small towns)  or guiding the client into an expensive/intensive interstate ordeal unnecessarily.

ocean

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Re: Is this possible??
« Reply #13 on: May 30, 2011, 11:12:05 AM »
Davy is right. You need to file NOW in your family court for ex-parte (temporary- emergency) custody. You do not have to serve her for that. Tell your lawyer that is what you want to do NOW or you will do it yourself.

Also, the school papers should have the elementary school written on it. That should bring down the area she is in to a few miles wide. Once you get the orders, you will then start the process of getting child back into your state. You will have to ask the judge what is the process or if he can order child be returned or give you an order to pick up child from school. The sheriff might be able to help you. BUT you need to get in front of a judge to get that order. Pretty soon the mother is going to ask Alaska to take over the hearings since she has been there a while and you will have that to fight too.

gnicar23

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Re: Is this possible??
« Reply #14 on: May 30, 2011, 06:46:31 PM »
Sorry about the miss understanding, but the BM did drive up to Alaska, right through Canada in late January. That is now confirmed. Apparently she traded her car in for a new expedition, loaded up the kids and took off. I was just told Saturday that she had drove up there and that she had every right to since she went to the court and got it okayed, but I searched our court records here online and nothing was filed on our CS case nor was there anything filed under her name or my name. I wasn't aware that our local court house had gone online but I did some research and still no records were produced. I am going to the court house tomorrow when they open to see if there is anything filed that has not been put on the website but I wouldn't think there would be. I did speak to my attorney's secretary TWO weeks ago about filing something and they called back this past Thursday and said they will get it filed but I never heard from them again. I paid this man $700 up front, so I am hoping he gets on the ball and does something fast.
 
Can I file this on my own? If I file this on my own, can he withdraw from my case and keep the money I just gave him?
 
Again, I just know a general area because Anchorage, Alaska is huge and there is 80 something schools in that district. I had a friend who located where she works off of facebook, can we have her served there since we can't get an address? I asked the lady at the attorneys office if we could legally get the address from the school and she said she would ask the attorney and call me back but I have not heard back about that, besides the school district recessed for summer as of May 19th.
 
If we file ex-parte, I seen where someone said the mother doesn't have to be served, is that right? How do we get my son back then, if she is not served?
 
Can they serve her family here that are in contact with her or does she have to be the one who gets served if we have to go that route?


Kitty C.

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Re: Is this possible??
« Reply #15 on: May 30, 2011, 07:56:52 PM »
'I was just told Saturday that she had drove up there and that she had every right to since she went to the court and got it okayed, but I searched our court records here online and nothing was filed on our CS case nor was there anything filed under her name or my name.'
 
You're talking apples and oranges here.  There would be nothing on the CS court record regarding her or your rights rights to the child.....it ONLY pertains to CS.  Do you have a custody order of any kind?
 
Also, you had said previously that you did receive info from the new school, but that the BM's information was blocked out.  If this was from the new school, it has to have the school's name (or at least the district the elem. school is in) on the documentation somewhere, if nothing else on the return address of the envelope.  That's the place to start in trying to track down your child's location.  You might want to verify with the education laws of Alaska, but I would venture to say that she probably has to live within a certain area of the school in order for the child to be eligible to attend there.
Handle every stressful situation like a dog........if you can't play with it or eat it, pee on it and walk away.......

gnicar23

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Re: Is this possible??
« Reply #16 on: May 31, 2011, 09:35:16 AM »
I guess I am totally confused but I was told that is she filed something here it would have to be on our existing case which was just for child support. We have never had a visitation order or a custody order in place. I seen him regularly, so I never thought anything like this would happen. Bm's mother said taht she was able to get permission from the court to take him since I was behind on child support,so I thought it would have to be linked to my child support case some how.
 
There has not been any new cases opened here either though, so what does all of this mean? I looked up both my name and her name and nothing came up.
 
Are you saying she could take him without the permission of the court?
 
The info for the new school was all whited out but the return address was on the envelope. I have looked up the school and found the boundary map of that particular school but the attorney says that will get me no where without an address for her to be served at.
 
 

Kitty C.

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Re: Is this possible??
« Reply #17 on: May 31, 2011, 10:22:53 AM »
That changes everything.  If there is NO custody order on file, the you have to petition the court to start one.  But the clock is ticking.  If the child was taken out of the state just this past Jan., then your state is the current state of jurisdiction.  But if you wait longer than 6 months from the time the child left, Alaska will have jurisdiction and you would have to file there and ALL proceedings would take place there, as well.  Custody and support are two completely different issues and one will not address the other.
 
'There has not been any new cases opened here either though, so what does all of this mean? I looked up both my name and her name and nothing came up.'
 
Of course not, because there's no active custody case, she's left the state, and you've filed nothing in response to her leaving.  You need an atty., you need to file a custody petition NOW, get BM served with it (now that you have a better idea where she's at), and make sure that jurisdiction remains in your state. 
Handle every stressful situation like a dog........if you can't play with it or eat it, pee on it and walk away.......

gnicar23

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Re: Is this possible??
« Reply #18 on: May 31, 2011, 10:45:23 AM »
But how do I get her served? My attorney says we need an address to serve her at. I have heard of a place that she works and she was supposed to have signed a two year contract there. Can she be served there? If I file here and she does live there for two years, can she later move jurisdiction up there? I have talked to an attorney two weeks ago trying to get something done but nothing has been filed yet. I will be calling them again today.

ocean

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Re: Is this possible??
« Reply #19 on: May 31, 2011, 01:02:04 PM »
Few ways to serve her:
Yes, you can serve her at work.
Hire someone to find home address, should be pretty easy, tell child's school, her work. They will find her.
Hire a company to serve her at work (or home if you get that)
Some places have the sheriff's office to the serving...(not by me, you have to hire someone or have someone over 18 serve).

Make an appointment with lawyer ASAP. Demand they file papers (and emergency ones if possible) and a restraining order for child to be returned and stay in your home state until trial. You can do this yourself, not sure what your lawyer has done for $700 so far but here it is free to file yourself. Tell you lawyer you want to be aggressive with returning child here and for the case to he heard and that you have a work address and she can be served ASAP.

Emergency (ex-parte) motion for temporary custody- due to mother leaving state and not allowing any contact information to child. Father was very involved and saw child weekly (whatever..) and the father requests temporary custody and that child be returned to home state until a full custody hearing can be heard by this court. The judge may or may not go for the emergency part (where she does not need to be served, you just see a judge that day and say the reasons why child should be returned to home state - school, family- both sides, father involved). If judge grants it..great. If not, he should grant a hearing ...which then you would have to have her served. She would have to come back to your state to deal with it. IF she file in Alaska before you file...you will have that fight first...

A phone call from lawyer to school district might get things rolling faster or a letter over-nighted to them. The lawyer can strongly word that letter for them to comply.

 

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