Crossing State Lines/Custody

[Reyna7]

What is the name of your state?N/A

I belong to a support group for blended families. A story was shared that has started a huge debate. One of the families is dealing with a child that lives with an abusive CP in another state. These people plan on picking up the child this summer for their three month visitation and filing for emergency custody. They have an attorney.

I told them that they were nuts, that you cannot do this. That the state the child lives in and where the custody papers were filed has jurisdiction. They say that because this child is being abused and the CP is breaking the agreement over and over that they have a case for getting custody. I said they have to go file in the childs home state.

Has anyone ever heard of anything like this happening. I understand from them that the abuse is pretty bad, they have lots of documentation, photos, taped phone calls etc. Is there any case history where someone has done this and won custody?

 

[nextwife]

Gee, if the abuse is pretty bad, why would they want the child to have to stay until SUMMER? They need to act ASAP. Can the school get involved? Might any teachers, nurses or other personel be able to back them up? Maybe the child's daycare? I'd sure be scared to let this go that long if you are saying this abuse is bad.

 

[candi4687]

If they have proof that the child is being abused they should not wait at all!! Have they even reported any of these findings?? Has the CP been investigated on this matter? I am not sure of the legal side of this but if they are aware of abuse being done to this child and do not report it so that the child can be taken out of that type of situation they may also be responsible for what is going on. The case probably will have to be done in the childs home state but to START they need to make sure that the local DCS there is aware of what is going on so they can at least monitor what is going on in the home with that child.

 

[Reyna7]

More

They feel that DCS and the courts in the other state are not doing their job. According to them complaints have been made, abuse verified and nothing done. Their attorney feels that going through the courts where they live will be better. The child will be safe in a few months and if they don't do this the child will never be safe.

I do not understand how having possession of the child allows them to file for custody. They state this has been done before, but have not produced the case history showing this to be true. That is why I asked on here. I know we have several attorneys and some very smart, well educated members that might know if this is true or not.

I tell you, every where I read, on here, on the group, other boards, so much abuse. Has it always been this bad or has this country gone crazy where our children are concerned. What will the next generation be like?

 

[LdiJ]

They feel that DCS and the courts in the other state are not doing their job. According to them complaints have been made, abuse verified and nothing done. Their attorney feels that going through the courts where they live will be better. The child will be safe in a few months and if they don't do this the child will never be safe.

I do not understand how having possession of the child allows them to file for custody. They state this has been done before, but have not produced the case history showing this to be true. That is why I asked on here. I know we have several attorneys and some very smart, well educated members that might know if this is true or not.

I tell you, every where I read, on here, on the group, other boards, so much abuse. Has it always been this bad or has this country gone crazy where our children are concerned. What will the next generation be like?

There have been instances where a state would take jurisdiction on an emergency basis if there are sufficient grounds to prove that the child would be in imminent danger if they went back to the other parent. However, its still a very big risk to take. If mom is on the ball at all, or hires an attorney, she will immediately fight jurisdiction and there is every chance that dad will be ordered to return the child to the state of the child's legal residence.

It would be far wiser for him to file for emergency custody in mom's state. If his evidence is sound he should be able to win just as easily there as in his own state....and would be on far more solid legal ground. What's more, he shouldn't wait, he should do it now.