• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Father refuses to return child after visitation

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.



laylarific

Junior Member
I allowed my child, whom I have full custody of, to visit his dad in Mississippi for 2 weeks. During the 2 week visitation, the father moved to a new address. He refuses to give me the address. Now, he's telling me that I cannot get my child back because he wants to take care of him. I cannot find anyone to help me: police, prosecuting attorney, or legal aid. I can't afford an attorney at the present time. My mind is exhausted on who to contact next. Please, someone, help me.
 

Proserpina

Senior Member
I allowed my child, whom I have full custody of, to visit his dad in Mississippi for 2 weeks. During the 2 week visitation, the father moved to a new address. He refuses to give me the address. Now, he's telling me that I cannot get my child back because he wants to take care of him. I cannot find anyone to help me: police, prosecuting attorney, or legal aid. I can't afford an attorney at the present time. My mind is exhausted on who to contact next. Please, someone, help me.

You have full legal custody? Full physical?

When did this happen?
 

acmb05

Senior Member
I allowed my child, whom I have full custody of, to visit his dad in Mississippi for 2 weeks. During the 2 week visitation, the father moved to a new address. He refuses to give me the address. Now, he's telling me that I cannot get my child back because he wants to take care of him. I cannot find anyone to help me: police, prosecuting attorney, or legal aid. I can't afford an attorney at the present time. My mind is exhausted on who to contact next. Please, someone, help me.
Are you and dad still married and just how is it you have full custody?
 

laylarific

Junior Member
How do I have full custody?

His father and I were never married. In Arkansas, that alone gives the mother full custody to begin with. Also, on the child support order, it pronounces him as the "non-custodian". His father left me when I was 3 months pregnant.
 

acmb05

Senior Member
His father and I were never married. In Arkansas, that alone gives the mother full custody to begin with. Also, on the child support order, it pronounces him as the "non-custodian". His father left me when I was 3 months pregnant.
Then you go to Mississippi and the local police and show them your order and ask to have them escort you to his house to get your child.

Do you have a visitation order at all?
 

laylarific

Junior Member
There is no visitation order!

I allowed the child to visit his father, but there is no legal visitation order or agreement.
 

laylarific

Junior Member
Can the Mississippi police find his address?

Can the police department there find his address? I know, I'll call them.
 

laylarific

Junior Member
I called Mississippi police.

They said there was no way they could look up his address, because they do not have a 911 address system set up. That is crazy. Anyway, I looked for his address on one of those find-a-person webtools. I found an address in Mississippi for him, but I'm not sure if it is the right one.
 

LdiJ

Senior Member
They said there was no way they could look up his address, because they do not have a 911 address system set up. That is crazy. Anyway, I looked for his address on one of those find-a-person webtools. I found an address in Mississippi for him, but I'm not sure if it is the right one.
I am going to give you another suggestion..

I suggest that you hotfoot it to court first thing Monday morning and get an emergency custody order and ask the judge to order the police to assist you.

Then I would hotfoot it to MS with that order in hand, and see if you can get the police there to assist you. They are not bound by the orders of a judge in AR, but they may be willing to help you.

I also suggest that you get the address of every relative of his that you can think of, and show up at their homes, with the police in tow, trying to find him and the child. Do not stop, do not leave any stone unturned.

If you do not have the money to do that, beg or borrow it from family and friends.
 
Since Dad doesn't have visitation rights and Mom is presumed by statute to have custody...couldn't Mom file a missing child report for the child, or request that they do a welfare check based on his failure to disclose the location of the child? When notifying the police that the child is with Dad, wouldn't the police be required to contact dad and obtain his address/location to check on the child's well-being, facilitate his return to mom, etc? Even if the police won't give MOM his address, the authorities would then know DAD/CHILDS location.

Seems to me that since the definition of parental kidnapping is:

"In the absence of a court order determining rights of custody or visitation to a child, a person having a right of custody of the child commits the crime of parental kidnapping if he removes, takes, detains, conceals, or entices away that child within or without the state, without good cause, and with the intent to deprive the custody right of another person or a public agency also having a custody right to that child."

that Mom would be able to file a report of kidnapping over the week-end and at least document that Dad is witholding the child and concealing his location. I wouldn't expect him to even necessarily be arrested as I don't know how seriously they take it, but if he is really hiding the child...I would file a police report so there is legal documentation of this behavior.

The police may not retrieve the child for you, but they have to take a report.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top