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georgette

Guest
What is the name of your state? PA

As breifly as I can;

Father gained custody of child. Child goes for summer visitation and never returned. Mother relocates with child and only has cell phone therefore can't find them. Eventually we find them, in an effort not to frivoulously use courts and hurt child any more than already done by dragging in and out of court not to mention the legal fees were killing us, we let it go child seemed happy. Have made several attempts to see child to no avail. Now getting letter from Dom. Relations for support of a child she kidnapped and they want to close our case. We have custody in PA can another state over ride another states court order? If the child hasn't lived with us for obvious reasons can they award child support even though the child wasn't with us or will they finally take action and enforce the court order already existing? Any thoughts on this matter? Have until the end of the month to reply to domestic relations. I can't see paying support for a child we have custody of.

:rolleyes: :confused:
 


File a response stating that you have custody. Send a copy of the order.
You left the child with mom once you found them, because the child seemed happy. What exactly was the point of that, does that mean you are giving custody of the child back to mom? Sounds that way to me. Do you want custody just to not have to pay support? Kinda sounds that way.

How long was the child missing with mom? Have you filed a missing child report? She basically could be held for kidnapping, custodal interferance. If you haven't gotten the child back, by your own admissions, the court could grant that the child stay with mom. So as to not unroot the child from what she knows.

Just my opinions.
Seek an Attorney. This is complicated.
This is a job for IAAL.
 
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georgette

Guest
Hi, thank you for your response. We have made several attempts to get child back but ran into many obstacles. Called the police where we live, they said it was a civil matter not a criminal matter due to the fact that the mother has visitation rights. We did specify that we wanted a police report written up for legal purposes. We argued the point showing them proof of when he was to be returned. Still no help. Tried to contact authorities in the other state to no avail, lots of messages no responses. We are not in a position to pick up and go. Both of us have jobs and another child that needs to be taken care of. WE live paycheck to paycheck like most and have spent a lot in attorneys fees. We filed a petition for civil contempt for disobedience of custody, partial custody and visitation and had a support petition all to be scheduled for a later date after our attorney came back from maternity leave. Never got notification of another date from the courts. No we do not want custody so as not to pay support. This mother had support already taken out of the fathers check directly and insurance coverage and what ever she needed until the games started and we had to gain custody just to be able to see the child. Stipulation being we would make sure mother got her visitation and in doing so this is where we are at. We have been in contact with this child via phone and father has gone to see him. We have been trying to work this out amongst us, both of us took vacation as mother lead us to believe child was coming for summer cause that's what she wanted. They dissappeared the week before and called after the arranged time. What is IAAL? Love your opinion that's just what I'm looking for "some input" :)
 
You don't really need to wait for your attorney, do you? Go file a Motion to Show Cause. File for the Custodal Interferance and get it heard as soon as possible. Let the judge know that she just took off and won't return the child. Is court still in your county??? Hopefully...
Can't one of you just go pick up the child? Neither of you can lose your jobs for this timeoff. It's protected under Family Leave Act. I'd go, take a copy of the custody order and call the police. Tell them that you are wanting there assistance to recover the child so there are no problems. They can go just to keep the peace. NOT help recover the child.

I actually helped a friend gain custody and then called the police to help her go get the kids. They were there to keep the peace, so she could get them.

Once you go to court, i'd be asking for NO VISITATION. Unless it's supervised. With a record of her just disappearing, there is a chance that could be ordered.
Good Luck
 
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georgette

Guest
Yes, right now the petition is in our county, but the child has been with mother for about a year now. I know this doesn't sound good and if there were time I'd hit all details on how the child ended up with mom for so long. Needless to say at the time, going down and ripping a child out of another parents home seemed so brutal. After all, the child does love both parents. How do you make them understand what you are doing is for the best? The picture in my mind was so unsettling, though I see the error of our ways now. We should have done it regardless. You have a father who really just wants to be a part of his childs life and mother who is very good at working the system. Can I obtain the petition form on line? Though we filed the petition on our own the forms were provided to us to fill out by our attorney before she took leave.
 

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