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I do not know about having a formal hearing to notify the foreign state of the home state taking jurisdiction. All I know is that's what our lawyer has told us and all we can do now is have trust in him until the hearing takes place.
We were told that if the mother didn't show up for the court hearing that the case would be heard without her and the children could be awarded to my newphew. We were also told that if that happened the court would have a marshal go and get the children from where they are and return them to my nephew.
I have a friend in the court system here and they spoke with people in the family court here and asked who did they consider the very best lawyer that they see come through there and is aggressive and wins the majority of their cases.
This is the lawyer they recommended and he seems very knowledgable. We are just hoping that he is good and the court system can like you see that the children are in danger as long as the mom has them and especially when she is somewhere that nobody has any contact with the children.
We are all just praying for the children for what they are being put through right now. I know they are devestated not being able to see or even speak with their father or any of their family here.
This is not the first time she has left and taken the children but before she stayed in the same town and came back to my nephew once she got all of the "running around and having a good time" out of her system. The oldest child has been tormented from the last time she did this. He would every once in a while tell us that if his mama ever took him again for us to "come look for him" until we found him.
Thats hard to think about what's going on in his mind right now. I am sure he is wondering if we are looking for him or if we are gonna come get him.
We just try to look a litle farther down the road and maybe things will be different. Its my belief and my family has talked about having the children see a therapist once they are returned. I am sure there are alot of things in their minds that are confusing to them.
Its hard for any of us to comprehend how a mother could put her own children through this just to satisfy her own selfish wants.
I truely believe that "what goes around ...comes around" and I am just hoping her day is coming soon.
Thanks to all you guys for letting me vent some here and answering questions for me and my family. Yall just don't know how much it helps sometimes.
 

Our lawyer has filed for a hearing in our state that will be held in 2 weeks. The mother has been served with papers making her aware of the hearing. We understand there is no guarantee that she will show up but the hearing will be held with or without her. Our lawyer also has told us that he has been in contact with the courts in the other state and informed them of the action taking place in the home state and that the home state is assuming jurisdiction. The mothers court action is scheduled for a couple of days before the one in the home state but we were told by our lawyer it would be cancelled now that the home state has informed them of the action here. Anyone have any advice on that situation or something we should be aware of?
The mother is getting help for a lawyer and anything else she can get from the state she is now in. The kids are her meal ticket for all the free help she wants.
It is my belief that the system that is suppose to protect children is very flawed. There needs to be a uniform set of rules and actions that all states must follow. It is also my belief that any man has the odds stacked against him from the start.
The mother didn't file in the home state because she wanted to take the kids away and try and make sure that nobody on this side of their family ever has any contact with them.
She has no ties to the state she is in other than her mother living there. In fact she herself grew up in the state we live in and had never before even been to that state.
She has had limited physical contact with her mother in the last 7/9 years because her mother was either in prison or on the run from the police most of that time.
She simply is doing things to try and spite my nephew and anyone else on this side of the family and clearly has no concern for what it is doing to the children.
If she shows up at the court hearing a drug test will answer alot of questions. I know for a fact that they will find at least 5 different kinds of drugs in her including crack cocaine.
Hopefull no state or judge would allow a woman like that to be in charge of three children.
Thanks again everyone for you advice and honesty.

Thank You...it really makes me and my family feel a little better about whats going on with having people on here that know or that have gone through the same telling us things.
Its a very rough time wondering what might be going on with the children but we just try to keep faith and think about how things might be better in the near future.

I haven't been on here in a while but just wanted to update everyone on what has taken place.
My family has obtained a lawyer and he was going to file papers yesterday for an emergency hearing for us. We will have neighbors and affidavits from several teachers as to who the oldest child has lived with all his life and what they have saw taken place with the mother.
We want to do this the best way possible and just hope the family court system will do whats best for the children. I know the mother can really put on a show and try to make people feel sorry for her. I only hope the judge in the case will put that aside and look at what the facts are.
I do have one thing that concerns me and maybe yall can shed some light on this. I haven't got to speak with the lawyer about this because it happened late yesterday and he is in court today.
The mother had my nephew served with a restraining order yesterday. It really wasn't needed because she is aover 800 miles away and my nephew doesn't have license or a car to get to where she is even if he wanted to which he doesn't.
The papers also said she had temporary custody of the children until a certain date and a custody hearing would be held in the state where they are now.
My question is...with the children being taken there barely 30 days ago will that county in another state have jurisdiction or would the county in the state where the children were born and lived their entire life be the one that will have jurisdiction?
I know she thinks if she went to that state and did everything there then there would be nothing we could do.
I just don't see how that state can have any jurisdiction just because she has taken my nephews children out there and try to get them to give her custody.
Can any of you tell me for sure which state would have the greater jurisdiction over this case?
Thanks again for all the help everyone and I ask that all of you pray for the children and that they will be back with the family that has provided and taken care of them all thier lives.

Thanks for all the help everyone. We are going to hire a lawyer and take it to court. None of us here want to go and just take the kids back. We don't want them to be put through anymore than they already have. I am sure they were very upset and only hope they have became a little more settled with their situation now.
I do have a few more questions that I would like to see if any of you can shed some light on for us.
I know it is unpredictable but was wondering some opinions. What do you think the chances are that if we get an emergency court hearing here in the home state and she comes back for this that the judge would allow her to then return back to where she is and not give us any custody of the children?
Also could a judge allow her to return to the other state and give us some sort of visition with the kids and how would that work being so far away?
Another question I have would be what if we have an emergency court hearing and she doesn't return here for the court hearing?
One more thing I would like some advice on...One of the children got his arm broken last august at a neighbors house and we were told by the mother that it happened on the trampoline.
The neighbor has since came forward along with another person there and said that it didn't happen that way and thats why her home insurance didn't have to pay any bills. They say the mother twisted the childs arm up behind his back and shoved him out the door to go play outside. they said they couldn't say for sure that is what broke it but he was crying and saying thats hurts mama when she did it and that an hour later his dad came out there and said he had broken it and was gone to the doctor.
I took him to the hospital that night and to several more orthapedic surgeon appointments because the father was working and the child didn't want the mother to take him.
My question is should we have these people at the court hearing to speak on what they saw?
My thoughts are if the mother would do this in front of people here that know her i am worried about what could be happening when she is in a state far away from anyone of us that know her.
Thanks again for the advice you guys  and ladies are great.

I kept getting page cannot be found with this link..http://deltabravo.net/custody/kidnap.php,

I am very interested in reading these tips. Can anyone help me get to this link some other way?
Thanks for all the help everyone and I would still appreciate anything that anyone else has to offer on the situation as well. I feel as if I can't get too much info in this situation.
I did read the other links as well and they were very helpful.

Can she ask for a court out there to give her custody or will the courts here in our home state have jurisdiction?
Also would the father have  a right to go to where the kids are in school and bring them home?

I am new here and have been reading and decided to register and ask a few questions. Let me also say that I think this forum is a great place for people to get advice from others in the same or that have been through the same situation.
I am on here asking some questions to help my family. I will explain the situation and would really appreciate any advice that any of you may have for me.
My nephew and his wife have been living together for 9 years but only married a very short time. They have 3 children during this relationship. A son age 7 and two daughters age 5,and 4.
The son aged 7 has lived with my parents(the childs great grandparents) ever since he was born. My nephew and his wife were young and lived with my parents when the oldest two children were born and up until the third child was born. At that time my parents(the childrens great grandparents) owned another home next door that they provided for my nephew and his family to move into. The oldest child(boy) never moved out with his parents.
He continued to live in the home of the great grandparents. My nephews wife left him at home on 3-22-07 and asked that the great grandfather take her to school to sign the two girls in because they overslept. The great grandfather had already taken the oldest child that lived with him to school on time that day.
My nephews wife then went into the school and told them she had been abused a week earlier on 3-16-07. My nephew was arrested and taken to jail and she took the kids from school and left with them. She has went to another state where her mother now lives and we haven't had any contact with her or the children since. We obtained the childrens school records and it shows where the were transfered to. We have called her mothers house several times and asked if she has heard from them and that we wanted to know they were ok. She continues to say she has only talked to them once and they said they were ok and she don't know where they are. You could hear the children in the background asking for the phone but she says she don't know where they are.
Can anyone tell me if there is anything that my nephew can do or even my parents since the oldest child has lived his entire life with them as his parents even though they didn't have legal custody?
Is she allowed to just take the children and move them away from the only family and stability they have ever known simply because she wants to. Does the father or great grandparents that have raised the oldest child for 7 years have any options to have the children brought back to their home state so we may see them and make sure they are ok?
We have spoken with a couple of attornyes and have a couple more to speak with because we want the best possible one we can have before we hire one.
Can any of you tell me what we can do legally to get the children back to our state and if there are any charges that can be placed against the mother for leaving the state and not allowing any of us to see or speak to the children.
There have been no custody orders placed on either party since they both lived together and shared custody of the children.
I am sure that she is trying to get everything changed to the state she is in now and get them to give her custody in that state.
Thanks for any help and sorry for the book but wanted to explain the situation as best I could. Again, thanks for any help and advice offered. It is greatly appreciated.