Custody when a parent is incarcerated

[lovehiskids]

Dear Soc.

This is in Arkansas.

Mother and Father divorced 5 years ago. Mother is given primary custody of child. Father is given standard EOW and 8 weeks summer visitation.  His summer visitation started Sunday.

Mother was arrested Thursday for drug trafficking and is being held on 100,000 bond. Child is with "friends of mother." MOther refuses to disclose child's location. Police would not assist since she is "primary custodian" and it was not his "parenting time."   The father is very concerned.

1.  If the father returns now that it is his parenting time, will the police be more likely to assist?

2. If they will not assist, what does his next step need to be?

Thanks Soc

[socrateaser]

>1.  If the father returns now that it is his parenting time,
>will the police be more likely to assist?

Some states have statutes that permit an NCP to enforce visitation via the Sheriff, others don't. I don't know about AR.

But, I'd call the Sheriff's office again because they will know if they can help.

>
>2. If they will not assist, what does his next step need to
>be?

I suspect that since this is now your parenting time, that the Sheriff will help -- or, you can go directly to the district attorney and ask.

You could file an emergency ex-parte motion for an order to show cause and for a writ of assistance on grounds that the custodial parent is incarcerated and refuses to divulge the child's location, and that the child may be in imminent danger.

This is a VERY tough thing to get -- in many States, it's impossible, for historical reasons -- however, I think that the Sheriff or DA will help you at this point.