amotherbleeds
Junior Member
What is the name of your state? Missouri
There has to be something I can do, some justice somewhere ... This is lengthy so please bear with me. I have been to court three different times so there is much to say.
The father of my child and I were living together in TX with my two oldest children. We were never married. We were supposed to be moving into a house together We had determined we would be moving into seperate places and he knew if I could not find a place there in TX I would be moving back to MO where the cost of living is much cheaper. This was all fine with him until that time came and the decision was set in stone. He became highly worried about having to pay child support which I stated I would not have him do. He wanted me to put it in writing and I guess get it notorized or something. Well, in June of this year (the same month my boys and I were supposed to move) when my son was ten weeks old, his father took him in the middle of the night and fled the state of TX to VA without my knowledge or consent. He used my oldest son as a pawn to get us out of the house by asking to take him to chucky cheese and had someone move his things while we were out. When we returned as we walked up the stairs to the apartment he never came up with the baby. They were gone. Not only was my son breastfed but I was the sole caretaker of him before he was taken. I had no clue of my sons whereabouts until two days later and that was only because I found a piece of paper left in the apartment with his mothers address on it in VA. It was a shot so I had a welfare check done and he was there. In the process of trying to figure out the "right" way to get him back vs showing up at his doorstep and taking him back. I found a lawyer and she had a judge issue a writ of attachment for the child. While awaiting for service in VA I found out that the father had filed for custody there stating that I had abandoned my son. The court date was one week before my own. I had to get a lawyer in VA and I showed up in court and the judge awarded the immediate release of my son to me. He stated VA did not have jurisdiction so they did not hear his case.
Prior to the return of my son safely home, my oldest children and I had moved back to MO where we are orginally from and our family is. We had to attend the court date in TX I had set a week after. My lawyer stated it was a formality. His attorney had the writ of attachment tossed out stating there was no underlying cause. He tried to get the judge to award the child back and he would not, he had filed a writ of attachment himself which was thrown out, he then tried to get the judge to make me stay in TX so he could go and file a temporary order to make me stay there until the custody hearing he had filed for. Judge did not do that either. The father went ahead and filed in TX for custody and pretended to get service on me at an address in TX knowing I did not live there anymore. I had my attorney to check and see if there was a hearing coming up and there was. She was the one that found out they were acting as if I had been served. My attorney suggested I show up in court anyway even though I had not been served or else they would proceed without me. I did this and my attorney entered a special appearance plea for inconvenient forum. The judge stated TX was an inconvenient forum and gave me 15 days to file for custody in the state of MO. I did as the judge asked. The father then went back to the courts in VA with a motion to reopen his previous case. The attorney I had in VA appeared and stated he had told many lies to the judge but I had provided her with all of the necessary court orders and paperwork from the previous case in TX so the judge once again threw it out and stated if he filed something like this again he would be held in contempt.
Now he is avoiding service for the filing in place here in MO. I have one week left and afterwards I am not sure what to do. My attorney in TX says he is intentionally avoiding service so the time can run out and he can file again in TX or in VA. He knows I do not have the means to continue going back and forth to either of these states.
There has got to be something I can do. The law appears to be so broken and backwards. He continues on this course of trying to trick and deceive and with no consequence. I feel the ball should have stopped rolling the minute he kidnapped my child. Since his name is on the BC they do not consider that kidnapping (at least in the state of TX) however it was still his INTENT to do just that. He deleted all of his friends and fam members numbers from the caller ID so I had no way of knowing where he was. He left everything that he could not fit into his car as he drove over 20 hours with a newborn in the backseat. He still had a month remaining on his lease. He left his job, bills, his dog, etc. Something has to work in my favor and right now I do not see it.
Since he is not accepting service and if the time runs out. What can I do?
There has to be something I can do, some justice somewhere ... This is lengthy so please bear with me. I have been to court three different times so there is much to say.
The father of my child and I were living together in TX with my two oldest children. We were never married. We were supposed to be moving into a house together We had determined we would be moving into seperate places and he knew if I could not find a place there in TX I would be moving back to MO where the cost of living is much cheaper. This was all fine with him until that time came and the decision was set in stone. He became highly worried about having to pay child support which I stated I would not have him do. He wanted me to put it in writing and I guess get it notorized or something. Well, in June of this year (the same month my boys and I were supposed to move) when my son was ten weeks old, his father took him in the middle of the night and fled the state of TX to VA without my knowledge or consent. He used my oldest son as a pawn to get us out of the house by asking to take him to chucky cheese and had someone move his things while we were out. When we returned as we walked up the stairs to the apartment he never came up with the baby. They were gone. Not only was my son breastfed but I was the sole caretaker of him before he was taken. I had no clue of my sons whereabouts until two days later and that was only because I found a piece of paper left in the apartment with his mothers address on it in VA. It was a shot so I had a welfare check done and he was there. In the process of trying to figure out the "right" way to get him back vs showing up at his doorstep and taking him back. I found a lawyer and she had a judge issue a writ of attachment for the child. While awaiting for service in VA I found out that the father had filed for custody there stating that I had abandoned my son. The court date was one week before my own. I had to get a lawyer in VA and I showed up in court and the judge awarded the immediate release of my son to me. He stated VA did not have jurisdiction so they did not hear his case.
Prior to the return of my son safely home, my oldest children and I had moved back to MO where we are orginally from and our family is. We had to attend the court date in TX I had set a week after. My lawyer stated it was a formality. His attorney had the writ of attachment tossed out stating there was no underlying cause. He tried to get the judge to award the child back and he would not, he had filed a writ of attachment himself which was thrown out, he then tried to get the judge to make me stay in TX so he could go and file a temporary order to make me stay there until the custody hearing he had filed for. Judge did not do that either. The father went ahead and filed in TX for custody and pretended to get service on me at an address in TX knowing I did not live there anymore. I had my attorney to check and see if there was a hearing coming up and there was. She was the one that found out they were acting as if I had been served. My attorney suggested I show up in court anyway even though I had not been served or else they would proceed without me. I did this and my attorney entered a special appearance plea for inconvenient forum. The judge stated TX was an inconvenient forum and gave me 15 days to file for custody in the state of MO. I did as the judge asked. The father then went back to the courts in VA with a motion to reopen his previous case. The attorney I had in VA appeared and stated he had told many lies to the judge but I had provided her with all of the necessary court orders and paperwork from the previous case in TX so the judge once again threw it out and stated if he filed something like this again he would be held in contempt.
Now he is avoiding service for the filing in place here in MO. I have one week left and afterwards I am not sure what to do. My attorney in TX says he is intentionally avoiding service so the time can run out and he can file again in TX or in VA. He knows I do not have the means to continue going back and forth to either of these states.
There has got to be something I can do. The law appears to be so broken and backwards. He continues on this course of trying to trick and deceive and with no consequence. I feel the ball should have stopped rolling the minute he kidnapped my child. Since his name is on the BC they do not consider that kidnapping (at least in the state of TX) however it was still his INTENT to do just that. He deleted all of his friends and fam members numbers from the caller ID so I had no way of knowing where he was. He left everything that he could not fit into his car as he drove over 20 hours with a newborn in the backseat. He still had a month remaining on his lease. He left his job, bills, his dog, etc. Something has to work in my favor and right now I do not see it.
Since he is not accepting service and if the time runs out. What can I do?
