Is this Kidnapping?

[Fatherof4]

What is the name of your state?NS

I moved my family to this state in December of 2002. My son's mother was on a float and knew of our intentions to move. My wife sent her information via e-mail about the move before we left. She was also sent e-mails when our things were packed up before we left and when we arrived in this state. I filed to change custody in July of 2003 and she was served in August. At the October court date she did not appear; the court took jurisdiction, gave me temporary custody, and set the matter for trial in January of 2004. She appeared without a lawyer, the judge strongly suggested she get a lawyer, she agreed and the judge gave her 30 days to retain counsel. In September of 2004 she finally got an attorney. The attorney filed paperwork in December of 2004 claiming that I kidnapped my son and that this state does not have jurisdiction because I had taken my son "illegally" from his "home state." The January 2005 court date was continued because I did not have enough time to prepare a defence.

Did I kidnap my child?
Can she challenge jurisdiction after all this time?

Thank you in advance.

 

[casa]

What is the name of your state?NS

I moved my family to this state in December of 2002. My son's mother was on a float and knew of our intentions to move. My wife sent her information via e-mail about the move before we left. She was also sent e-mails when our things were packed up before we left and when we arrived in this state. I filed to change custody in July of 2003 and she was served in August. At the October court date she did not appear; the court took jurisdiction, gave me temporary custody, and set the matter for trial in January of 2004. She appeared without a lawyer, the judge strongly suggested she get a lawyer, she agreed and the judge gave her 30 days to retain counsel. In September of 2004 she finally got an attorney. The attorney filed paperwork in December of 2004 claiming that I kidnapped my son and that this state does not have jurisdiction because I had taken my son "illegally" from his "home state." The January 2005 court date was continued because I did not have enough time to prepare a defence.

Did I kidnap my child?
Can she challenge jurisdiction after all this time?

Thank you in advance.

Yes she can challenge jurisdiction~ She is a military member and you tried to take advantage of her deployment.

Facts you leave out~ The emails she sent; You don't say she concurred with you leaving her and filing custody, just that you were going to another state (could be to visit). The reason for her non-appearance at a civilian court date; Was she still deployed or unable to be released from her command due to various reasons? The judge recommended she get an attorney and allowed the continuance <IMO> because he knew she had rights she either was not aware of, or was not enforcing. Now you are put in a position of 'defense' for a reason...........

Nice way to thank the mother of your child for her service to our country

 

[Phnx02]

What is the name of your state?NS

I moved my family to this state in December of 2002. My son's mother was on a float and knew of our intentions to move. My wife sent her information via e-mail about the move before we left. She was also sent e-mails when our things were packed up before we left and when we arrived in this state. I filed to change custody in July of 2003 and she was served in August. At the October court date she did not appear; the court took jurisdiction, gave me temporary custody, and set the matter for trial in January of 2004. She appeared without a lawyer, the judge strongly suggested she get a lawyer, she agreed and the judge gave her 30 days to retain counsel. In September of 2004 she finally got an attorney. The attorney filed paperwork in December of 2004 claiming that I kidnapped my son and that this state does not have jurisdiction because I had taken my son "illegally" from his "home state." The January 2005 court date was continued because I did not have enough time to prepare a defence.

Did I kidnap my child?
Can she challenge jurisdiction after all this time?

Thank you in advance.

Since when does sending an email to someone take place of "being properly served?" You weasled your way into the situation and will now have to play by the rules.

 

[msfurman]

Yes, that's not legal notice. Yoru Court orders should say how to give proper legal notice. If for some reason, you are not able to reach mom, you should have at least written the court and gave them legal notice. Here, we have to give written notice by US MAIL tot he court and the other party 30 days prior to the move telling themof the new address and phone number. The other party has 30 days to object. E-mails are not considered legal notice. Because you cant prove that she recieved them. She was depoloyed, serving the country. With my son, his father was going into boot camp for the Navy so the court gave me sole custody because they said that I would have a hard to time contacting him if I needed to in making decisions for the child. However, I was still requied to give legal notice to the courts and to attempt to provide it to him with proof that i attempted to provide it, even if he didnt get it. And I agree, thats why the judge advised her to get an attorney. Because she's military and they will porbably attempt to show that she did not recieve legal notice and that you took advantage of her deployement. Sorry.

 

[MinCA]

I don't know if it would be kidnapping, but definitely not kosher. You have to prove she was properly notified (most people know hot to make fake e-mails to shwo in court, even using a valid address), and that she concurred with the move.

Where was the mother in October? Deployed or no? What proper notification was she given to even be there?

I'm glad the judge extended the 30 days as she was on active duty.

Shame on you for taking advantage of a service person. "After all this time" will take into account her service and that she has to go where the government tells her to go while trying to now do a custody case.

 

[Fatherof4]

Yes she is in the military, but that doesn't give her an excuse to set aside her responsibilities until she is ready to handle them. I also served my country, as did my wife, and we were coming to the end of our contracts when the x "voluntarily" deployed on the "regular" rotation. My wife, whos contract ended last, was scheduled to get out in December 2002 which meant that as of December 12, 2002 we were jobless and homeless. This is the reason we moved back home. The x knew this, and when she was sent an e-mail asking what info she needed about the move, she replied that all she needed was the address and phone number. She was sent this info the same day via e-mail, and all the e-mails have delivery and read receipts.

She was "properly served" in Georgia while on leave because when the sherrif's office called her cell phone BEFORE she went on leave she told them the military was MOVING her to Georgia. I'm sure she will try to say that the military prevented her from appearing at the Oct 2003 court date. But, it's a fact that her command would have let her take leave to take care of legal matters, especially since she had two months advance notice of the court date. When she showed up at the January 2004 court date and the judge told her to get a lawyer, he gave her 30 days. She took more than 8 months to retain her attorney.

As far as thanking the mother of my child goes, she hasn't taken that role in a long time if ever. I took care of this child most of the time when he was small. When he was 19 months old she sent him to live with her parents because she said she needed to pack because the MILITARY was PCSing her to NC. This was a lie, and so was what she said about having breast cancer, and having cervical cancer, and needing a hesterectomy, and nearly dying (4 times so far), and nearly losing her baby all through out her pregnancy because of bleeding due to stress (guess there was no hesterectomy), and so forth and so on.

My son lived with her parents for 8 months before a court order made her bring him back (keep in mind that she did not go anywhere during this time). The next 4 months he spent a documented 70% of the time with me because she was always "working late." At that point she did everything she could to go on the next deployment. Although she may have been involuntarily extended for five months, she only managed to call my 2/3 year old TWICE the whole eleven months, listing every excuse in the book for not calling more.

Because of the choices SHE made my son no longer knew who she was and I felt that it was in his best interest to consult a lawyer and file for primary physical custody. When she said she was coming to get him at the end of July 2003 I told her not to come and she didn't. My son is now a happy, healthy, well-adjusted nearly 5 1/2 year old. He has no desire to have his life turned upside down by going live on the other side of the country with someone he doesn't know and who doesn't know him only to be returned back here to me the next time his "mother" decides to use the military to suspend her responsibilities.

 

[Fatherof4]

Does anyone know if I can be charged with LEGALLY kidnapping my child?

Also, does anyone know about filing responses? She was served August 3, 2003 and given 30 days to answer. She finally answered December 23, 2004 which was more than 16 1/2 months from when she was served.

Does anyone know how this could affect the case legally?

 

[Lowkey]

I have to tell you, in my experience, not replying in a timely manner after having been served isn't an automatic default. Even filing default proceedings takes a long time. My ex tried this game, but ultimately wound up retaining counsel, got several time extensions and ended up represented nearly a year after she had originally been served.

 

[Fatherof4]

Ok, so by not showing up or answering the petition the case could have been over by filing for default?

What about personal jurisdiction?