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Options for emergency custody

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jmthoj

Member
Washington State
I am gonna try to make this short although I dont know if I can. My son was taken in 2017 by his father (not on birth certificate and no paternity established). I called the police. The Detective said he would not help me without a custody order because I told him it was the biological father (this happened in Georgia, I now reside in Utah). He took my son to Louisiana then he took my son to Washington State. In Washington State the fathers mom filed for Non Parental Custody with a temporary order (I have no idea why) but anyway the case was dismissed because I showed up to court in Washington and presented evidence that I am a fit mother. I have all of my 3 other children with me. The Grandmother did not show up to court to prove adequate cause. The judge wrote on the dismissal papers "The child should be returned to the mother immediately". I went to the house where he "was" to get my son. The Grandmother answered the door and said "He is not here, his Dad took him and I don't know where they went". I went to the police station. They would not help at all!!!!!! I know I apparently need to get a custody order but can I get a temporary one with a Writ of Habeas Corpus so that my son can be returned to me? I am going crazy because now I have no idea where my child is. Please help!
 


PayrollHRGuy

Senior Member
You needed to go to court in 2017 and now at the end of 2018, you still need to go to court and get the custody order.
 

jmthoj

Member
I was living in Georgia in 2017. The options for assistance with cases like this are nill pretty much in regards to finding anything that walks you through doing it yourself. I had no idea what I was doing. I contacted the police. I contacted the NCMEC, I contacted Lawyers and Legal Aid. I had no money for a Lawyer and Legal Aid would not take custody cases in my county. I got no help. I had no idea what to do. When I moved to Utah I found out they have an online court assistance program and with the advice from a Lawyer (online) I filed for custody in Utah. He stated I could because my son was taken from me illegally but I found out later Utah does not have jurisdiction. I had thought many times about snatching my son back but I did not at the advice of my family as there has been domestic violence in the past.
 

jmthoj

Member
Ok, I do understand that I need to get the custody order. I thought the paper from the judge recently would be enough but apparently not. I dont think any mother in her wildest dreams thinks "I better get a custody order incase my kid gets snatched", let alone one that was unwed at the time of birth and there is no father listed nor DNA done. It seemed like a case of straight up kidnapping in my opinion. My question is will they put a Writ of Habeas Corpus on a temporary custody order or not?
 

Zigner

Senior Member, Non-Attorney
The big problem you have is that the father now has status quo on his side.

Habeas Corpus has nothing to do with this.
 

jmthoj

Member
I promise you, he doesn't. How does he have status quo on his side when he took my son and has denied me a relationship with my child? He is a Heroin Addict and an Alcoholic. He has kept my son HIDDEN from me. That doesn't constitute as having status quo to me.
 

jmthoj

Member
I need a Writ of Habeas Corpus. It has everything to do with this. I was already told that by the court facilitator. A writ demands that the child be brought before the court. It can also demand that the child be returned only to me.
 

jmthoj

Member
I couldnt stay in Washington more than 2 days. I have a job and other children. I had to come home so now I am trying to figure things out.
 

Zigner

Senior Member, Non-Attorney
Fair enough - and I stand corrected about the purpose of habeas corpus in this type of matter in Washington state. Having said that, I still don't know that it's appropriate. Dad has status quo because he's had the child for the last year with no legal challenge by you You should have gone to court in 2017. At this point, you seem to have condoned dad having possession of the child.
 

not2cleverRed

Obvious Observer
I promise you, he doesn't. How does he have status quo on his side when he took my son and has denied me a relationship with my child? He is a Heroin Addict and an Alcoholic. He has kept my son HIDDEN from me. That doesn't constitute as having status quo to me.
It does when you don't take the legal channels to fight it.

You have allowed Washington to have jurisdiction because of your inaction in Georgia. What you did not do in Georgia was go to Family Court and petition for custody.
 

jmthoj

Member
Let's just assume he does not have status quo. I have loads of information, evidence etc to show that he does not but anyway...the question is IF I get a temporary custody order can a writ of habeas corpus be added to that?
 

LdiJ

Senior Member
Let's just assume he does not have status quo. I have loads of information, evidence etc to show that he does not but anyway...the question is IF I get a temporary custody order can a writ of habeas corpus be added to that?
I do not think that you understand what status quo means. That means that he has had the child in his possession long enough to have established status quo. That is normally 6 months. He has had your child for more than a year. If I were you I would hire a PI to stake out grandma's house, because I bet that the child is back there.
 

jmthoj

Member
Yes, he has had him long enough because he keeps taking him and running somewhere else and it takes me forever to figure out on my own where he went (cause it's not like the police are going to help me). He's done it 3 times now. Good suggestion about the PI. I believe he is back there as well. I live in Utah and work full time and have 3 other children. I stayed in WA to stake it out for a few days but I couldn't stay that long. I have avoided trying to snatch him back due to family concerned about safety issues but I am to the point where I am just about to do that. I thought based on what lawyers told me that I could file for custody in Utah so I wasted a lot of months with that now. I realize I should have gone to court and petitioned for custody in Georgia but they do not have the resources a lot of other states have to help someone. I tried many things. Not like I have ever been in this situation before.
 

not2cleverRed

Obvious Observer
Yes, he has had him long enough because he keeps taking him and running somewhere else and it takes me forever to figure out on my own where he went (cause it's not like the police are going to help me). He's done it 3 times now. Good suggestion about the PI. I believe he is back there as well. I live in Utah and work full time and have 3 other children. I stayed in WA to stake it out for a few days but I couldn't stay that long. I have avoided trying to snatch him back due to family concerned about safety issues but I am to the point where I am just about to do that. I thought based on what lawyers told me that I could file for custody in Utah so I wasted a lot of months with that now. I realize I should have gone to court and petitioned for custody in Georgia but they do not have the resources a lot of other states have to help someone. I tried many things. Not like I have ever been in this situation before.
That is why you are having this problem.

By NOT going to court, you have effectively ceded jurisdiction and status quo.

Why, when you went to court that one time did you not counter petition for custody?
 

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