No Justice Please Help

[dos8395]

What is the name of your state? VA.

We've been given advice here. I'm writing because my son is running around in VA. trying to get some resolution ~ some JUSTICE. He called & asked me to post & ask for advice.

Jacob has Joint Custody of his son, with Shared Physical Custody. He lives in VA., jurisdiction of child is in VA. Mom lives in AZ. Exchange of son was supposed to be on June 14. (I flew out to AZ to get him by Court Order). Mom didn't show up. Police did a "welfare check" of her house & a family member said that she & baby went to CO. to visit family... A custodial interference report was taken in AZ. & the following day Jacob filed contempt charges & modification of custody in VA. We do not have a phone number or address for the babys mom... Court was this morning. Judge said that babys mom did not sign for court papers, sent to her last know address in AZ. So Jacob needs to get a process server & have her "served". Until he does, Judge says he can do nothing...

The Detective in Arizona investigating the case DOES have address for babys mom but says she can't share it. Isn't that special. We honestly do not know WHERE baby is, Jacob hasn't talked to him since May 20th; this is a direct violation of the custody order.

Right now Jacob & his Daddy are at the police station trying to file kidnapping charges on babys mom. They are heading to Legal Aid next ~ under the Domestic Violence statute; using the grounds of emotional & physchological abuse. I told him to get a restraining order on babys mom too, with his son included as a victim. They will head back to court house afterwards, I think. Jacob will be checking in & out with me. So please. What can we do right now to get this thing going??? Please help!

Thank you.

 

[stealth2]

Police did a "welfare check" of her house <snip>

We do not have a phone number or address for the babys mom...

?? So how did you know where to send the cops? It would make life SO much easier if you quit creating new threads, and simply used an existing one of yours to add info.

 

[dos8395]

No justice

?? So how did you know where to send the cops? It would make life SO much easier if you quit creating new threads, and simply used an existing one of yours to add info.

Thread; Sorry, I'm not sure HOW to get back to the "thread" (pretty computer iliterate) & certainly don't mean to be a bother.

Welfare check was done on childs last know address in Arizona. Family home, where mom & baby live/lived. Relative in Arizona at home said baby & mom went to visit other family in Co. Springs CO. & are not sharing that address...

 

[dos8395]

No justice

?? So how did you know where to send the cops? It would make life SO much easier if you quit creating new threads, and simply used an existing one of yours to add info.

Thread; Sorry, I'm not sure HOW to get back to the "thread" (pretty computer iliterate) & certainly don't mean to be a bother. I don't want to get lost either, as it has been awhile since I posted...

Welfare check was done on childs last know address in Arizona. Family home, where mom & baby live/lived. Relative in Arizona at home said baby & mom went to visit other family in Co. Springs CO. & are not sharing that address...

 

[stealth2]

Go to your own profile, and do a search on threads started by you. It keeps you from having to repeat everything you've already posted, and keeps us from having to search for the info. That way, stuff doesn't get lost between the cracks.

 

[BL]

Most states If not ALL have Joint Custody Kidnapping Laws .

Your son needs to go to the DA's , Or request the Judge to sign a FPLS FORM ( look it up ) . Because your son was unaware of the Form , and the Judge usually only rules on what's in front of him , he needs to do this , or try Child Find Of America .

Once located , have her served through the Sheriffs Office , or the Office that handles Services .

If She is working , They can Serve her there .

Good Luck .

 

[legalcuriosity]

The Detective in Arizona investigating the case DOES have address for babys mom but says she can't share it. Isn't that special.

As frustrating as you may find that, keep in mind it's a privacy issue. They aren't legally able to release that information -- at least not at this point.

They are heading to Legal Aid next

Oh whatever you do, please don't go this route. They are so backlogged, plus are you certain they can handle cases like this?

As was mentioned, contact the DA's office and see which direction you should go -- maybe the court even has legal assistance for you. It's worth a call -- anything to avoid going the Legal Aid way.

 

[dos8395]

Questions

Most states If not ALL have Joint Custody Kidnapping Laws . Yeah, they do. They just don't enforce them.

Your son needs to go to the DA's , Or request the Judge to sign a FPLS FORM ( look it up ) . ***
Does Jacob need to get the Federal Parent Locator Form? There was not a "no removal clause" in the order. If he goes to the DA, what should he ask for? Babys mom does NOT work; she lives with relatives, always has. No utilities in her name. Ever. No drivers lisense etc...

Why shouln't he go to Legal Aid? That bad???

 

[DerbyGirl]

dos8395 - tried to PM & email you through the site.
Both options turned off, if you'd like I *may* be able to assist in locating an address. I make no promises. This is not a service of any sort, just part of what I do for work.
You can email me at (email address removed - been received.)

Regards,
DG

 

[dos8395]

dos8395 - tried to PM & email you through the site.
Both options turned off, if you'd like I *may* be able to assist in locating an address. I make no promises. This is not a service of any sort, just part of what I do for work.
You can email me at ny_girl *at* adelphia dot net.

Regards,
DG

No Clue what PM is Trying to email you, put in the addy above & then "shortened" it... Oh, wait I think it went through!

Someone mentioned the FPLS form. I found one & am going to give it to my son. It says it can be signed by the "Obligee or Custodial Parent".

This is unbelievable. We believed absolutely BELIEVED the system worked. Crazy....

 

[DerbyGirl]

dos8395 - got your email.
Replied - check your email.

Regards,
DG

 

[BL]

No Clue what PM is Trying to email you, put in the addy above & then "shortened" it... Oh, wait I think it went through!

Someone mentioned the FPLS form. I found one & am going to give it to my son. It says it can be signed by the "Obligee or Custodial Parent".

This is unbelievable. We believed absolutely BELIEVED the system worked. Crazy....

Yes but it has to be initiated by an authoritative person . IE: DA , Judge , Etc . Look up FPLS , it should State who has authority .

 

[dos8395]

Questions &amp; Concerns, Sole vs ???

Virginia.

OK, I'm following an existing thread of mine & hope I don't get buried .

Thanks to a guardian angel,we have located (nothing like thinking positively ) the address babys mom has been "hiding out" at. Court for sole custody last Monday was a bust since mom had not been "properly served." The back up plan was to ammend custody to nine months Daddy, 3 months Mom, & that court date is 7/21. To entirely cover daddys butt, there are 3 process servers standing by to serve Mom ~ one in AZ at her last "legal" address, one at aunts house (an address we've been searching for) & one at grandmothers house, where mom visits...

Questions:

How many days service is required ~ or does that vary state to state?
Should Daddy keep this court date or cancel & reapply for sole custody?
If he keeps this date, would this mean he has primary custody & if so, with the 9 & 3, would that accomplish bringing the baby home? After all, 50/50 sure turned out not to work...
Also, we've heard about "Exparte" ~ if he should cancel court date, we sure don't want to wait another 4 weeks ~ giving mom time to run again. What is this ~ & how does a person ask for it?

Daddy is itching, just itching, to get his hands on his son, hug his neck, etc, but we don't want to mess things up now! He said he'll take the 9 & 3, then reapply for sole...

Tomorrow, he is fully prepared to send court documents by overnight mail to process servers...

Thank you for all the help! We see the light at the end of the tunnel.

 

[BL]

Virginia.

OK, I'm following an existing thread of mine & hope I don't get buried .

Thanks to a guardian angel,we have located (nothing like thinking positively ) the address babys mom has been "hiding out" at. Court for sole custody last Monday was a bust since mom had not been "properly served." The back up plan was to ammend custody to nine months Daddy, 3 months Mom, & that court date is 7/21. To entirely cover daddys butt, there are 3 process servers standing by to serve Mom ~ one in AZ at her last "legal" address, one at aunts house (an address we've been searching for) & one at grandmothers house, where mom visits...

Questions:

How many days service is required ~ or does that vary state to state?
Should Daddy keep this court date or cancel & reapply for sole custody?
If he keeps this date, would this mean he has primary custody & if so, with the 9 & 3, would that accomplish bringing the baby home? After all, 50/50 sure turned out not to work...
Also, we've heard about "Exparte" ~ if he should cancel court date, we sure don't want to wait another 4 weeks ~ giving mom time to run again. What is this ~ & how does a person ask for it?

Daddy is itching, just itching, to get his hands on his son, hug his neck, etc, but we don't want to mess things up now! He said he'll take the 9 & 3, then reapply for sole...

Tomorrow, he is fully prepared to send court documents by overnight mail to process servers...

Thank you for all the help! We see the light at the end of the tunnel.

Can you please use user names ?

If you must please keep this in IMs . I haven't got a Clue , but hope the servers are successfull.

 

[dos8395]

Can you please use user names ?

If you must please keep this in IMs . I haven't got a Clue , but hope the servers are successfull.

I have absolutely no idea what is being asked here... User names? IMs?