Parental Kidnapping

[charmonbynum]

undefinedWhat is the name of your state? Louisiana

My ex-husband and I are fighting for custody of our 8 year old daughter. We have been seperated since January 26, 2005 and the divorce was finalized on December 2, 2005. Our daughter has always lived with me (this information has been documented in the court records). On Friday, Aug 26, 2005, my ex-husband picked our daughter up from school for his bi-weekly visitation. I informed him that my mother would pick her up because there was a Hurricane (Katrina) in the Gulf and we may have to evacuate. He stated "this is my weekend and she's coming with me". I repeatedly tried to call him back, but he would not answer. It was not until the next day that I found out he was in the state of Texas. During my visit to the Red Cross in GA, I came across one of his former co-workers and was informed as to the specifics of his location. I immediately began calling Dobbins AFB for assistance. They referred me to the legal office at Carswell AFB. After speaking to both JAGs, I was informed that there should be no problem in getting my daughter and I should go to Texas to get her. I arrived in Dallas on 08/29/05 for the purpose of getting my daughter. My daughter has not been in school since the day I arrived. Today, I was informed that he is now back in New Orleans inspecting his apartment for salvagables. He called me to inform me that he will file for custody of our daughter on tomorrow. Please note that a custody evaluation was performed and I was recommeded as the custodial parent. We were awaiting a court date for the judge's signature, but along came Hurricane Katrina! Please help!!!!

 

[rmet4nzkx]

undefinedWhat is the name of your state? Louisiana

My ex-husband and I are fighting for custody of our 8 year old daughter. We have been seperated since January 26, 2005 and the divorce was finalized on December 2, 2005. Our daughter has always lived with me (this information has been documented in the court records). On Friday, Aug 26, 2005, my ex-husband picked our daughter up from school for his bi-weekly visitation. I informed him that my mother would pick her up because there was a Hurricane (Katrina) in the Gulf and we may have to evacuate. He stated "this is my weekend and she's coming with me". I repeatedly tried to call him back, but he would not answer. It was not until the next day that I found out he was in the state of Texas. During my visit to the Red Cross in GA, I came across one of his former co-workers and was informed as to the specifics of his location. I immediately began calling Dobbins AFB for assistance. They referred me to the legal office at Carswell AFB. After speaking to both JAGs, I was informed that there should be no problem in getting my daughter and I should go to Texas to get her. I arrived in Dallas on 08/29/05 for the purpose of getting my daughter. My daughter has not been in school since the day I arrived. Today, I was informed that he is now back in New Orleans inspecting his apartment for salvagables. He called me to inform me that he will file for custody of our daughter on tomorrow. Please note that a custody evaluation was performed and I was recommeded as the custodial parent. We were awaiting a court date for the judge's signature, but along came Hurricane Katrina! Please help!!!!

Report the parental kidnapping and file for emergency custody where ever you are unles you can get back to LA. I doubt that he will be able to get emergency custody. Be sure to contact the missing and exploited children for assistance in regaining custody of your daughter Please call the Katrina/Rita Missing Persons Hotline at 1-888-544-5475.

 

[nextwife]

Is there a court order granting you physical custody?

 

[charmonbynum]

State of Louisiana
There is no custody order at this point, just the recommendations of a court order evaluator. I made contact with the evaluator to inform her of the situation. She made contact with my ex-husband and informed him that the actions he is taking is not in the best interest of the child (See Articles 131, 132 and 134 of the Louisiana Civil Code). His actions are in violation of Article 134, which consist of 12 factors: factors 4 (stable environment), 5 (permanence of family unit - seperation from mother & brother), 6 (moral fitness - removal of child from state without notification & consent), 10 (willingness and ability of each parent to faciltate and encourage a close & continuing relationship between the child and other parent), 12 (determines the parent who was primarily responsible for the care and rearing of the child).
(These factors are listed in the evaluator's report!)

The evaluator recommended that we share joint custody with me being the designated domiciliary parent. As of this morning, I have made contact with the judge that is presiding over the case. I faxed all of the documents that I had. He will review the documents then contact me for a conference call.

 

[rmet4nzkx]

Aparently he was counting on there being no court records and he might pull a fast one. Good thing you reached both the evaluator and the judge. Please keep us updated.