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Thread: Father Refusing to Return Son to Mother

  1. #1
    cloverean is offline Junior Member
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    Father Refusing to Return Son to Mother

    What is the name of your state (only U.S. law)? I am in Iowa. Jurisdiction is either in Wyoming or Colorado.

    This is one convoluted story, so please bear with me.

    Father and mother (my daughter) were never married. Both names are on the Iowa birth certificate.

    Mom and dad lived together for app. 6 months after baby was born. Dad moved out.

    Dad has a long criminal history, and has been imprisoned. Dad married a woman with the same type of history
    with child abuse to the point that she has had her children taken away.

    Last year an Iowa investigation of child abuse and neglect occurred because grandson's posterior and back were covered
    with bruises and scratches. Both the father, stepmother, and my daughter were investigated because no one admitted
    to the abuse. Neglect charges stemmed because all 3 adults are filthy housekeepers.

    During the investigation the father and stepmother moved to Colorado. My daughter and grandson moved to Wyoming.

    The daughter and grandson have come back to Iowa for visits. My husband and I had the grandson for a visit during the month of June.
    We returned the grandson to mom in Wyoming. A couple of weeks later, she brought the grandson to Colorado for what was supposed to be
    a two week visit with his father and stepmother.

    Human services in Colorado told her she could just go get him.

    When mom went to retrieve the son, the father refused to give him back, and the stepmother called the police stating the mother was trespassing.
    The police would not get involved because it was a domestic dispute.

    Mom gets summoned to court in Colorado because dad filed for custody. Court throws it out because they have no jurisdiction because grandson has not
    been living in Colorado for 6 months.

    Mom attempts to get a lawyer in Wyoming, but is told Wyoming has no jurisdiction because grandson is in Colorado.

    Legal Aid will not help mom because the kid is in Colorado.

    Human services has been contacted by us (grandma, grandpa, aunts, uncle here in Iowa) because we honest and truly fear for the safety of our grandson.
    We have been told an investigation has begun, but have not been told details. We would like to gain guardianship of our grandson.

    We are at our wits end here, it seems like we are in a catch-22 situation.

    Any advice, please?

    Thanks!

    Cloverean
  2. #2
    Antigone* is offline Senior Member
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    Quote Originally Posted by cloverean View Post
    What is the name of your state (only U.S. law)? I am in Iowa. Jurisdiction is either in Wyoming or Colorado.

    This is one convoluted story, so please bear with me.

    Father and mother (my daughter) were never married. Both names are on the Iowa birth certificate.

    Mom and dad lived together for app. 6 months after baby was born. Dad moved out.

    Dad has a long criminal history, and has been imprisoned. Dad married a woman with the same type of history
    with child abuse to the point that she has had her children taken away.

    Last year an Iowa investigation of child abuse and neglect occurred because grandson's posterior and back were covered
    with bruises and scratches. Both the father, stepmother, and my daughter were investigated because no one admitted
    to the abuse. Neglect charges stemmed because all 3 adults are filthy housekeepers.

    During the investigation the father and stepmother moved to Colorado. My daughter and grandson moved to Wyoming.

    The daughter and grandson have come back to Iowa for visits. My husband and I had the grandson for a visit during the month of June.
    We returned the grandson to mom in Wyoming. A couple of weeks later, she brought the grandson to Colorado for what was supposed to be
    a two week visit with his father and stepmother.

    Human services in Colorado told her she could just go get him.

    When mom went to retrieve the son, the father refused to give him back, and the stepmother called the police stating the mother was trespassing.
    The police would not get involved because it was a domestic dispute.

    Mom gets summoned to court in Colorado because dad filed for custody. Court throws it out because they have no jurisdiction because grandson has not
    been living in Colorado for 6 months.

    Mom attempts to get a lawyer in Wyoming, but is told Wyoming has no jurisdiction because grandson is in Colorado.

    Legal Aid will not help mom because the kid is in Colorado.

    Human services has been contacted by us (grandma, grandpa, aunts, uncle here in Iowa) because we honest and truly fear for the safety of our grandson.
    We have been told an investigation has begun, but have not been told details. We would like to gain guardianship of our grandson.

    We are at our wits end here, it seems like we are in a catch-22 situation.

    Any advice, please?

    Thanks!

    Cloverean

    Suggest to mom that she get an attorney in Wyoming. Neither she or dad seem to be model parents.
    CSO286 likes this.
  3. #3
    cloverean is offline Junior Member
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    Thank you for the advice. She attempted to get a lawyer, but was told there was no jurisdiction because the child is in Colorado.
  4. #4
    Antigone* is offline Senior Member
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    Quote Originally Posted by cloverean View Post
    Thank you for the advice. She attempted to get a lawyer, but was told there was no jurisdiction because the child is in Colorado.
    Same advice only switch the States
  5. #5
    cloverean is offline Junior Member
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    hahaha! Smart aleck!

    What about us gaining guardianship?
  6. #6
    Antigone* is offline Senior Member
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    Quote Originally Posted by cloverean View Post
    hahaha! Smart aleck!

    What about us gaining guardianship?
    Why on earth would you gain guardianship. The child has a mother and father. Unless mom and dad are declared unfit, it won't happen.
    Zigner likes this.
  7. #7
    ecmst12 is offline Senior Member
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    Whoever told them that Wyoming does not have jurisdiction is WRONG. She needs to find a lawyer that knows the law, and explain the situation effectively.
  8. #8
    Zigner is offline Senior Member
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    Quote Originally Posted by ecmst12 View Post
    Whoever told them that Wyoming does not have jurisdiction is WRONG. She needs to find a lawyer that knows the law, and explain the situation effectively.
    I suspect that we're running in to the whole "third-party" thing. OP doesn't have all of the information, so our advice is just guesses.
    Blue Meanie and TheGeekess like this.
  9. #9
    Antigone* is offline Senior Member
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    Quote Originally Posted by Zigner View Post
    I suspect that we're running in to the whole "third-party" thing. OP doesn't have all of the information, so our advice is just guesses.
    OP is actually sneaky, making it sound like she wants to help her daughter and then sneaks in the guardianship thang at the end. True colors are showing... I'm jes sayin'
  10. #10
    cloverean is offline Junior Member
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    Thanks to Escmst12. I will tell her to contact another lawyer.

    I may be a third party to all of this, but I don't have to justify myself to any you.
  11. #11
    Zigner is offline Senior Member
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    Quote Originally Posted by cloverean View Post
    Thanks to Escmst12. I will tell her to contact another lawyer.

    I may be a third party to all of this, but I don't have to justify myself to any you.
    Alrighty then!
    TheGeekess and Texan Polymath like this.
  12. #12
    Blue Meanie is offline Senior Member
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    Quote Originally Posted by cloverean View Post
    Thanks to Escmst12. I will tell her to contact another lawyer.

    I may be a third party to all of this, but I don't have to justify myself to any you.
    Dear God. Are you now gonna do the whole " You don't know me" thing? If you want advice sans comments...go to an attorney. They will withhold their personal thoughts for the 400.00. We, FOR FREE, give our personal opinions.
    Zigner and TheGeekess like this.
  13. #13
    Proserpina is offline Senior Member
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    Quote Originally Posted by Blue Meanie View Post
    Dear God. Are you now gonna do the whole " You don't know me" thing?


    I snorkled.

  14. #14
    Blue Meanie is offline Senior Member
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    Quote Originally Posted by Proserpina View Post
    I snorkled.

    Glad I could be of service. (L)...
  15. #15
    Ohiogal is offline Senior Member
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    Quote Originally Posted by Blue Meanie View Post
    Dear God. Are you now gonna do the whole " You don't know me" thing? If you want advice sans comments...go to an attorney. They will withhold their personal thoughts for the 400.00. We, FOR FREE, give our personal opinions.
    Sorry but no. I don't withhold my personal thoughts.Maybe that is because my hourly fees are less than $400.
    Blue Meanie likes this.
    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.

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