MS wife leaves with kids

This is a question for a friend of mine who I strongly advised getting a lawyer now.

He and his wife were married and have lived in MS for 5 years and have 2 children. In the past 6 months, they have had very bad problems and were considering divorce.

The wife took the children in the middle of the night while the husband was working and left the state. Is there a way to force the wife to bring the kids back into the state for custody determination? (She took them to FL).

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by roger1416:
[b]This is a question for a friend of mine who I strongly advised getting a lawyer now.

He and his wife were married and have lived in MS for 5 years and have 2 children. In the past 6 months, they have had very bad problems and were considering divorce.

The wife took the children in the middle of the night while the husband was working and left the state. Is there a way to force the wife to bring the kids back into the state for custody determination? (She took them to FL).

[/b]<HR></BLOCKQUOTE>

My response:

The crime of "kidnapping" is a distinct offense punishable under other provisions of the Criminal Code in your State. Generally, a parent entitled to custody (i.e., not divested of physical custody rights by court order) cannot commit the crime of kidnapping by taking exclusive possession of his or her own child without the permission of the other parent. However, there is no kidnapping offense by a person who steals, takes, entices away, detains, conceals or harbors a child under age 14 for the purpose of protecting the child from danger of "imminent harm." Notwithstanding a claim of imminent harm, a parent who crosses state lines to avoid prosecution under a felony child abduction statute is subject to the Federal Fugitive Felon Act (18 USCA § 1073). The Federal Parental Kidnapping Prevention Act ("FPKPA," 28 USCA Sec.1738A) sets forth standards to ensure that states give full faith and credit to sister-state custody decrees. Child custody jurisdiction is based on the State's relationship to the child--not the parents' relationship to the State; and child custody orders do not impose "in personam" obligations. Thus, subject to due process requirements of notice and opportunity to be heard, a court of competent subject matter jurisdiction (consistent with the FPKPA and UCCJA, can make a binding custody decision, entitled to full faith and credit with the State of Florida, even though one parent is not present and has no jurisdictional ties to the forum, allowing law enforcement in Florida to pick up the child and return the child to you in the "home State." You need to file an emergency Petition with your State's Family Court, for orders to have the child returned. The court will also grant orders, on it's own motion, to have your wife arrested under your State's kidnapping statutes.

Get to an attorney today.

IAAL



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