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Is It Kidnapping?

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casa

Senior Member
nothing in writing... holy god this is the last time i do ANYTHING without getting it in writing.... *banging head on desk momentarily*
so what you are saying is my ex can force me to stay in Alaska?
i cant live there... i have SAD... its why i left AK to start with.... the dark is awful!!! anybody know a lawyer that will work for the best darn chocolate chip cookies in town?
It's only 'kidnapping' if you contact the DA & they agree to press charges. Considering her age it would have more likely been Custodial Interference. However, at this stage in the game, since there is an RO preventing Dad from contact w/daughter...you have every legal Right to show up with your Custody Order & take your child home.

Why won't anyone tell you if she's in Foster Care? You don't talk about having contact with Social Workers & you refer to staying with 'friends'....so which is which?

Have you talked to your daughter? Have you faxed the local PD in Alaska your Court Order? Have you gone to Your local PD to ask for guidance/assistance?

Alaska will retain Jurisdiction of the case until/unless Dad moves out that state. As long as one parent resides in the Originating state, it remains there. (save few exceptions to the rule). At any rate, that means if there is a custody/court action you will have to travel to Alaska to attend~ or lose by default. You can research to find out if Alaska will allow telephonic appearances.
 


casa

Senior Member
Yes I am allowed to leave the state... i dont reside in Nebraska anymore.. Im currently living with my parents in Colorado as thats all i can afford at the moment... As long as i show up for court dates and follow the case plan of calling him 2 times a week and writing him at least once im in compliance
You said in another post re; your son that you were somehow restricted from relocating out of state...which begs to question if you are allowed to leave the state at all pending that court's final ruling.
 
It's only 'kidnapping' if you contact the DA & they agree to press charges. Considering her age it would have more likely been Custodial Interference. However, at this stage in the game, since there is an RO preventing Dad from contact w/daughter...you have every legal Right to show up with your Custody Order & take your child home.

Why won't anyone tell you if she's in Foster Care? You don't talk about having contact with Social Workers & you refer to staying with 'friends'....so which is which?

Have you talked to your daughter? Have you faxed the local PD in Alaska your Court Order? Have you gone to Your local PD to ask for guidance/assistance?

Alaska will retain Jurisdiction of the case until/unless Dad moves out that state. As long as one parent resides in the Originating state, it remains there. (save few exceptions to the rule). At any rate, that means if there is a custody/court action you will have to travel to Alaska to attend~ or lose by default. You can research to find out if Alaska will allow telephonic appearances.
Okay thanks Casa... am starting a new to do list for this situation... so far it looks like there are some things i can do to get the ball rolling to get my girl home until i can get a check and get the plane tickets.
between what she is saying, the Gf is saying, dad's been telling family members up there, and what little information i can get from the Troopers and the State in AK, i am assuming this is a foster care situation. The kidlet says she is living with her friend Mandy from school so i am wondering if Mandy's folks are foster parents as well... anywho ill do what i can to find a lawyer up there to help me with everything... and get things rolling best i can from here...
 

casa

Senior Member
Okay thanks Casa... am starting a new to do list for this situation... so far it looks like there are some things i can do to get the ball rolling to get my girl home until i can get a check and get the plane tickets.
between what she is saying, the Gf is saying, dad's been telling family members up there, and what little information i can get from the Troopers and the State in AK, i am assuming this is a foster care situation. The kidlet says she is living with her friend Mandy from school so i am wondering if Mandy's folks are foster parents as well... anywho ill do what i can to find a lawyer up there to help me with everything... and get things rolling best i can from here...
I STRONGLY suggest you contact DHS in Alaska. If there is a case, and Dad isn't allowed contact, they may be able to facilitate your daughter's return. If she's in Foster Care you'll have to be dealing with them anyway....and if she's in a Foster Home~ that changes your Rights dramatically. Then, she is in the State's custody. Different animal altogether.
You REALLY need to find out where your daughter is, and what (if any) legal role her caretakers have right now.
 

mommyof4

Senior Member
I STRONGLY suggest you contact DHS in Alaska. If there is a case, and Dad isn't allowed contact, they may be able to facilitate your daughter's return. If she's in Foster Care you'll have to be dealing with them anyway....and if she's in a Foster Home~ that changes your Rights dramatically. Then, she is in the State's custody. Different animal altogether.
You REALLY need to find out where your daughter is, and what (if any) legal role her caretakers have right now.
I'm not being mean, in any way...

How would the mess she is currently embroiled in re: her son impact her chances of having DHS in AK return her daughter to her?
 
I'm not being mean, in any way...

How would the mess she is currently embroiled in re: her son impact her chances of having DHS in AK return her daughter to her?

Oh totally a good point Mommy... but if my oldest is living with me and we arent having any problems wouldnt that be helpful to me?
 

casa

Senior Member
I'm not being mean, in any way...

How would the mess she is currently embroiled in re: her son impact her chances of having DHS in AK return her daughter to her?
Frankly? Things change A LOT when one parent has abuse charges/convictions against them. These are two different children from two different fathers. It's a lesser of two evils in a way. That's why it would depend on what legal status the current caretakers of the daughter have (ie; if they are Fosters for DHS/CPS or just a friend @ school's family).
 
Frankly? Things change A LOT when one parent has abuse charges/convictions against them. These are two different children from two different fathers. It's a lesser of two evils in a way. That's why it would depend on what legal status the current caretakers of the daughter have (ie; if they are Fosters for DHS/CPS or just a friend @ school's family).
So then step 1 needs to be find out WHO exactly are these people caring for my daughter... and then what.. sorry i need step by step instructions most the time...
 
You said in another post re; your son that you were somehow restricted from relocating out of state...which begs to question if you are allowed to leave the state at all pending that court's final ruling.

"The state workers who visited my home stated that if i moved i could be charged with abandonment" i think this is the quote you referring to Casa and what my court appointed attorney DID tell me is that I cannot be charged with abandonment due to the fact that I had planned on taking my son with me when I moved. From what I understand its a scare tactic. So long as I maintain contact with my son and his foster parents know how to find me there isnt much the State can do. So what i surmise from that is that I could have moved and taken my son and there wouldnt be a darn thing they could have done about it but i let them intimidate me long enough for them to remove my son from my home.

______________________________________________________________________
Im kinda like the Hulk... "Don't make me angry... you wouldnt like me when I'm angry"
 

casa

Senior Member
IS your child with a legitmate, 'designated' Foster Family or NOT? Or is the child with a friend's family of your child's?

I'm confused. Did you contact the Ombudsmen??

Your child is either under the authority of the state or Not...Which is it? :confused:
 
IS your child with a legitmate, 'designated' Foster Family or NOT? Or is the child with a friend's family of your child's?

I'm confused. Did you contact the Ombudsmen??

Your child is either under the authority of the state or Not...Which is it? :confused:
Its okay.. im confused too.. I have no idea if the family she is with is a legit foster family or not... trying to find that out. I printed off the complaint form to fill out so when i contact the Ombudsman this afternoon I know what I am going to say. I dont think they would be really pleased with something along the lines of "The State of NE is pickin on me *whine whine*" lol
 

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