Mother with sole physical custody in jail and I have no idea where my son is

[dadinmichigan]

What is the name of your state (only U.S. law)? Michigan

My 11 year old sons mother is currently in jail on a drunk driving charge. when she first found out her court date she told me that I could have my son over the thanksgiving holiday (his 11th birthday also) That she would be in jail for 5 days. When I called last week to arrange pickup she didnt answer but called back and left a message (which i still have) stating that the court date had been changed and she already made plans for Thanksgiving and my sons birthday that I would have to wait until the following weekend to get him. Well she lied she is in jail and as of right now the web site says mandatory 93 days. I called the police to confirm she was in jail and she is...and will be longer than the 5 days she thought. They spoke with her and called me back stating that she said my son is in a safe place and she checked with foc and everything she was doing is legal and I would have to go through them if I wanted to see him. Let me also say that I have always practiced my parenting time every other weekend, holidays, school breaks and did have him all summer. I am worried about my son, I have no idea where he is and it is his birthday today. She (his mother) has no family at all so I know he is not with family. I need to know what I can do and how to go about doing it PLEASE NOTE:She has sole physical custody but we do have Joint Legal Custody.What is the name of your state (only U.S. law)?

 

[BL]

Well of course it's legal for her to leave the child in a reliable person's care .She can't just abandon the child .

Confirm the sentence .Go down to the court and file for temp. physical Custody based on Mom being incarcerated .

She can not withhold the child's whereabouts from you .

You have visitations and denial of visitations is Joint Legal Custodial interference,since you have ordered Joint legal Custody.

 

[TinkerBelleLuvr]

http://courts.michigan.gov/scao/courtforms/domesticrelations/drindex.htm

http://courts.michigan.gov/scao/courtforms/domesticrelations/custody-parentingtime/foc16.pdf

http://courts.michigan.gov/scao/courtforms/domesticrelations/custody-parentingtime/foc65.pdf

 

[LdiJ]

What is the name of your state (only U.S. law)? Michigan

My 11 year old sons mother is currently in jail on a drunk driving charge. when she first found out her court date she told me that I could have my son over the thanksgiving holiday (his 11th birthday also) That she would be in jail for 5 days. When I called last week to arrange pickup she didnt answer but called back and left a message (which i still have) stating that the court date had been changed and she already made plans for Thanksgiving and my sons birthday that I would have to wait until the following weekend to get him. Well she lied she is in jail and as of right now the web site says mandatory 93 days. I called the police to confirm she was in jail and she is...and will be longer than the 5 days she thought. They spoke with her and called me back stating that she said my son is in a safe place and she checked with foc and everything she was doing is legal and I would have to go through them if I wanted to see him. Let me also say that I have always practiced my parenting time every other weekend, holidays, school breaks and did have him all summer. I am worried about my son, I have no idea where he is and it is his birthday today. She (his mother) has no family at all so I know he is not with family. I need to know what I can do and how to go about doing it PLEASE NOTE:She has sole physical custody but we do have Joint Legal Custody.What is the name of your state (only U.S. law)?

There is a chance that he is in foster care if she is telling you that you have to go through the FOC to see him.

You may want to go down to the courthouse and check out any records under both her and your son's name.

 

[BL]

There is a chance that he is in foster care if she is telling you that you have to go through the FOC to see him.

You may want to go down to the courthouse and check out any records under both her and your son's name.

The poster has Joint Legal Custody and visitations .

Therefor has not been deemed unfit ,and the child would have NO business being in foster care, except temp. placement if this poster does not live in the same State , or there was a need for temp. placement .

I guess the poster better check with the Court to see if his rights have been suspended or some such .

 

[LdiJ]

The poster has Joint Legal Custody and visitations .

Therefor has not been deemed unfit ,and the child would have NO business being in foster care, except temp. placement if this poster does not live in the same State , or there was a need for temp. placement .

Or if mom lied about dad's whereabouts or involvement. Checking the court records is one more step in figuring out where his son is.

 

[BL]

Or if mom lied about dad's whereabouts or involvement. Checking the court records is one more step in figuring out where his son is.

Yes.She could have made false accusations too against Dad.

No telling .

 

[TinkerBelleLuvr]

FOC = Friend of the Court

The system handles both custody issues and child support issues.

I provided the links to file a motion to modify custody (albeit temporary) over child. He needs to file for an emergency hearing.

The other link is a show cause if he shows up for his parenting time and child is not turned over. That would help to locate the child.

 

[dadinmichigan]

Thank you for the responses. I will be going to the court Monday to see what I can do. I will also be calling his school to make sure he is there and safe. Her idea of a safe place and mine are very different. The night she got arrested for drunk driving she left my 10 year old son and his 10 year old friend at home with no adult supervision. I got a call from the police to come and get him after she was arrested (cps didn't find that, to be putting him in danger) I really want my son to be with me and hopefully keep him with me even after she is out of jail. I am wondering if I were to find him and went to pick him up, if whoever has him, can legally keep him from me? Would I get into trouble for taking him? I do live in the same state as him and I would not put it past his mother to have told the friend of court I didn't want him while she was in jail. I do have the message that she left on my answering service lying to me about the court date being changed. There is a stipulation in our custody agreement that says if she is away from my son for a certain amount of time (hours) she is suppose to give me first opportunity to have him.

 

[BL]

Thank you for the responses. I will be going to the court Monday to see what I can do. I will also be calling his school to make sure he is there and safe. Her idea of a safe place and mine are very different. The night she got arrested for drunk driving she left my 10 year old son and his 10 year old friend at home with no adult supervision. I got a call from the police to come and get him after she was arrested (cps didn't find that, to be putting him in danger) I really want my son to be with me and hopefully keep him with me even after she is out of jail. I am wondering if I were to find him and went to pick him up, if whoever has him, can legally keep him from me? Would I get into trouble for taking him? I do live in the same state as him and I would not put it past his mother to have told the friend of court I didn't want him while she was in jail. I do have the message that she left on my answering service lying to me about the court date being changed. There is a stipulation in our custody agreement that says if she is away from my son for a certain amount of time (hours) she is suppose to give me first opportunity to have him.

She can be held in civil contempt then .

Get your emergency temp. orders .

Pick them up after school .Then make arrangements with the school , and have it noted no one is to pick them up until further notice by you .( unless you give prior approval ).

 

[TinkerBelleLuvr]

Since you have an ROFR, it should be much easier for you then. Are you listed as a parent on the birth certificate?

 

[BL]

Since you have an ROFR, it should be much easier for you then. Are you listed as a parent on the birth certificate?

Tink,tink ,tink . Wake up ....

The poster has valid court orders ,therefor parentage has been established .

You are correct though about ROFR .

Mom is in civil contempt of court ,so the FOC is wrong , unless circumstances arise such as were mentioned earlier .

Dad will find out Mon. and hopefully post back with some positive news .

 

[TinkerBelleLuvr]

If a child is born out of wedlock and the parents do not sign an AOP at the hospital, then mom's name appears on the birth certificate. By court order, dad can become the legal parent. They can make a court order to have dad's name added to the birth certificate. Then off you go to have it added. The key is that someone has to go add dad to the BC. It is a legitimate question to be asked to make sure that step was done.