Parents have my kids and wont give them back

[Silverlioliones]

California
I moved to California from Texas 6 months ago to be with my fiance with my 4 and 2 years old. We have since had CPS called on us and the case dropped because the allegations were found to be unfounded. A month later my mother came to visit and completely freaked out. She said that the house was filthy (it was cluttered) that there was no food in the fridge(I had just spent 250 at the grocery store) and that my ptsd was interfering with me careing for my kids. SHe demanded that I allow her to take my children back to TX with her or she would take the "evidence" she has and help my ex take the kids from me. I have since gotten a mental eval and had cleaned my home to within an inch of its life. My parents still refuse to return my kids saying that if anyone shows up to get them she will call CPS and use whatever evidence she claims to have to take them from me for good. She claims that the kids will be put in foster care while its all ironed out. I have been told to file kidnapping charges and go take my children back.

 

[justalayman]

you allowed them to go so it is not kidnapping.


contact the police local to her and ask them if they will assist you in you retrieving yuor children. If not you may end up in court seeking an order they be returned to you.

 

[maneki]

I was in a similar situation at one point (minus the cps involvement and all that). I had let my daughter go visit my mother in Texas over Christmas break. After a few days she cut off contact and said she was refusing to return her to me. I consulted a local attorney and was advised that, until she actually didn't return her on the agreed upon date, it wasn't kidnapping. BUT once that date came and went, it was. Definitely get a lawyer.

 

[justalayman]

I was in a similar situation at one point (minus the cps involvement and all that). I had let my daughter go visit my mother in Texas over Christmas break. After a few days she cut off contact and said she was refusing to return her to me. I consulted a local attorney and was advised that, until she actually didn't return her on the agreed upon date, it wasn't kidnapping. BUT once that date came and went, it was. Definitely get a lawyer.

the local police are not likely to see it as kidnapping, especially if there is a concern of the children's safety or well being.


but in this situation, there is no return date so it is irrelevant.

 

[maneki]

I guess I wasn't clear enough, that's what I was trying to say. Without a date it's not kidnapping. She let them go with no defined time for their return. If there HAD been a date set then it could be kidnapping after that date, but since there wasn't she definitely needs to contact a lawyer.