Married, Wife Abandoned me and took child....?

[sikink]

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

My wife left on Sept 17, 2009, and went to Ohio with our son. Our son is almost 4 yrs old and he is Autistic, she has pulled him out of school. I have made many attempts to communicate with no luck whatsoever. I even flew out to Ohio to get my son and found out they left state to Pennsylvania. When I arrived back to Nevada, she messaged me and said she was not coming back home. All I want is my son back home. I am the main provider in the household. My wife also has a domestic violence charge on her record against me, she has attempted to take her life twice, and she is on medication for being bi-polar. I do not need my son in that environment.

I went down to the police station today to file a missing persons report since i do not know where my son is, and they said there was nothing i can do. I was reading the statutes and found one on abandonment.... does my case hold ground? I am just trying my best to get my son home and the police cannot do anything!!! What steps can I take to get closer resolving my issue? please help**************...

 

[Hisbabygirl77]

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

My wife left on Sept 17, 2009, and went to Ohio with our son. Our son is almost 4 yrs old and he is Autistic, she has pulled him out of school. I have made many attempts to communicate with no luck whatsoever. I even flew out to Ohio to get my son and found out they left state to Pennsylvania. When I arrived back to Nevada, she messaged me and said she was not coming back home. All I want is my son back home. I am the main provider in the household. My wife also has a domestic violence charge on her record against me, she has attempted to take her life twice, and she is on medication for being bi-polar. I do not need my son in that environment.

I went down to the police station today to file a missing persons report since i do not know where my son is, and they said there was nothing i can do. I was reading the statutes and found one on abandonment.... does my case hold ground? I am just trying my best to get my son home and the police cannot do anything!!! What steps can I take to get closer resolving my issue? please help**************...

You need to go to court and file for custody/visitation and ask that the child be returned to your state. You need to do NOW as you have already waited 2 months. You do not want to keep waiting because that can mean two things. A) Your silence agrees with the move B) You are giving her time to set up residency in another state. Go down and file ASAP.

 

[LdiJ]

You need to go to court and file for custody/visitation and ask that the child be returned to your state. You need to do NOW as you have already waited 2 months. You do not want to keep waiting because that can mean two things. A) Your silence agrees with the move B) You are giving her time to set up residency in another state. Go down and file ASAP.

There is one problem however, and that is that he is going to have to serve mom. I don't think that he should be attempting anything without an attorney.

 

[sikink]

We are still married, the only thing i can think of filing is a joint preliminary injunction. Since we are still married i dont think i can go down to the courts to file custody/visitation.

I was thinking of filing for desertion/abandonment also but it has not been 90 days or 1 year.

I am basically stuck between a rock and a hard place. Cant even report kidnapping???!!!???

 

[Hisbabygirl77]

We are still married, the only thing i can think of filing is a joint preliminary injunction. Since we are still married i dont think i can go down to the courts to file custody/visitation.

I was thinking of filing for desertion/abandonment also but it has not been 90 days or 1 year.

I am basically stuck between a rock and a hard place. Cant even report kidnapping???!!!???

You would be wrong even though married you can still file for custody/visitation.

 

[LdiJ]

We are still married, the only thing i can think of filing is a joint preliminary injunction. Since we are still married i dont think i can go down to the courts to file custody/visitation.

I was thinking of filing for desertion/abandonment also but it has not been 90 days or 1 year.

I am basically stuck between a rock and a hard place. Cant even report kidnapping???!!!???

The reason why you cannot report a kidnapping (and have the police take it seriously) is because a custodial parent (and mom is a custodial parent and so are you) cannot kidnap a child of whom they have custody. You could have done the same and mom wouldn't have been able to report kidnapping either.

Desertion/abandonment won't do you any good because the child is not in your physical possession. You could have used that perhaps if mom had left without the child.

You cannot file a joint preliminary injunction, because in order for it to be joint, you BOTH have to be in agreement. Also, its really too late for an injunction because they are already gone.

You REALLY need to see a local attorney so that you are clear on your options. You CAN file for custody but mom is going to have to be served, one way or another, and you will need an attorney to ensure that it gets done properly.