When CP goes to jail...

[karden]

What is the name of your state? CA

NCP (the dad) lives in CA. CP (the mom) lives in Missouri with the 2 children (14 & 10). CP (the mom) was arrested over state line in Arkansas, charged with "use, intent to sell, & paraphenalia for manufacturing" meth in December.
Kids are now with maternal grandmother in Missouri...the arrest was a couple of weeks ago.

Can the dad go to Missouri and get his kids and take them to his home in California......and THEN go for custody through the courts once kids are physically with him? Does he have that right? Does the grandmother have any right to deny turning over the kids? What are the CP's rights now that she is in jail?

Any information is appreciated. Thanks.

 

[I AM ALWAYS LIABLE]

What is the name of your state? CA

NCP (the dad) lives in CA. CP (the mom) lives in Missouri with the 2 children (14 & 10). CP (the mom) was arrested over state line in Arkansas, charged with "use, intent to sell, & paraphenalia for manufacturing" meth in December.
Kids are now with maternal grandmother in Missouri...the arrest was a couple of weeks ago.

Can the dad go to Missouri and get his kids and take them to his home in California......and THEN go for custody through the courts once kids are physically with him? Does he have that right? Does the grandmother have any right to deny turning over the kids? What are the CP's rights now that she is in jail?

Any information is appreciated. Thanks.

My response:

No, he doesn't have that right. As far as the court knows, at this point in time, he doesn't have custody of the children. Therefore, he makes an "Ex-parte" motion to the court for custody - - in the court and State where the current order was rendered. Then, if the court agrees with him, THEN he can take the children based upon the new court orders.

IAAL

 

[rmet4nzkx]

NCP will have to go to the court of jurisdiction to obtain custody of his children, he should be able to do this unless there is somehting preventing this. The grandmother may ask for visitation which could be a problem and there may be delays depending on where jurisdiction is and how long the criminal charges take. Also NCP should petition to modify child support.

 

[karden]

Thanks, IAAL!

My response:

No, he doesn't have that right. As far as the court knows, at this point in time, he doesn't have custody of the children. Therefore, he makes an "Ex-parte" motion to the court for custody - - in the court and State where the current order was rendered. Then, if the court agrees with him, THEN he can take the children based upon the new court orders.

IAAL

I appreciate your response. I am the dad's sister and we spoke to an attorney that told us he could take a certified copy of the divorce papers (proving he is the father) and just "go get the kids...the mother is in jail, so she has NOTHING!" I didn't feel that was the right answer.

BTW, I am a "lurker" here and was "very afraid" of what your (IAAL) response might be after reading some of your other reponses! LOL I see you in a whole new light! Thanks!

 

[karden]

NCP will have to go to the court of jurisdiction to obtain custody of his children, he should be able to do this unless there is somehting preventing this. The grandmother may ask for visitation which could be a problem and there may be delays depending on where jurisdiction is and how long the criminal charges take. Also NCP should petition to modify child support.

Thanks for the advice regarding the petition to modify child support...hadn't thought of that yet.

We have no problem with the maternal grandmother visiting the children and are glad that she is there to provide a stable environment for the time being.
We have nothing against her (except that she raised an "evil" child who now chose to take up meth as well!)....therefore, we don't allow ourselves to trust her toooo much!

 

[I AM ALWAYS LIABLE]

I appreciate your response. I am the dad's sister and we spoke to an attorney that told us he could take a certified copy of the divorce papers (proving he is the father) and just "go get the kids...the mother is in jail, so she has NOTHING!" I didn't feel that was the right answer.

MY RESPONSE: What he hell kind of attorney said THAT to you? The State where the child is a resident has jurisdiction over that child. You just don't "take" a child out of State where there are court orders! The attorney couldn't possibly be: A) A family law attorney, and B) Even remotely familiar with the UCCJEA (Uniform Child Custody Jurisdiction and Enforcement Act).


BTW, I am a "lurker" here and was "very afraid" of what your (IAAL) response might be after reading some of your other reponses! LOL I see you in a whole new light! Thanks!

MY RESPONSE: Oh, c'mon. Afraid? Of what? A few words on a chat board? Give me a break.

Most people see me in a whole new light . . . one that includes a halo, and sun streaks through the clouds. I have long hair and a beard, and I enjoy "suppers".

IAAL

 

[rmet4nzkx]

If NCP has visitation, he can get the children, but will need to officially be granted custody. He might call ahead to the police department and ask what is required, in some small Missouri towns that may be all that is needed, but still get custody through the court.

Missouri doesn't recognize the UCCJEA (Uniform Child Custody Jurisdiction and Enforcement Act).

 

[I AM ALWAYS LIABLE]

If NCP has visitation, he can get the children, but will need to officially be granted custody. He might call ahead to the police department and ask what is required, in some small Missouri towns that may be all that is needed, but still get custody through the court.

Missouri doesn't recognize the UCCJEA (Uniform Child Custody Jurisdiction and Enforcement Act).

My response:

Okay. But Missouri does recognize the old UCCJA, which only differs slightly from the UCCJEA and, for our writer's purposes and situation, would accomplish the same thing.

IAAL

 

[karden]

Thank you

If NCP has visitation, he can get the children, but will need to officially be granted custody. He might call ahead to the police department and ask what is required, in some small Missouri towns that may be all that is needed, but still get custody through the court.

Missouri doesn't recognize the UCCJEA (Uniform Child Custody Jurisdiction and Enforcement Act).

Thanks, we'll check into that. I appreciate it.

 

[Shay-Pari'e]

I appreciate your response. I am the dad's sister and we spoke to an attorney that told us he could take a certified copy of the divorce papers (proving he is the father) and just "go get the kids...the mother is in jail, so she has NOTHING!" I didn't feel that was the right answer.

BTW, I am a "lurker" here and was "very afraid" of what your (IAAL) response might be after reading some of your other reponses! LOL I see you in a whole new light! Thanks!

He is just a big ole' Teddy Bear.

 

[rmet4nzkx]

Of course they need a court order, but if it is a small town in the Ozarks, they may have indeed been told to bring what papers they have. Remember they have towns with names like "Licking?
They are a world to themselves.

 

[karden]

MY RESPONSE: What he hell kind of attorney said THAT to you? The State where the child is a resident has jurisdiction over that child. You just don't "take" a child out of State where there are court orders! The attorney couldn't possibly be: A) A family law attorney, and B) Even remotely familiar with the UCCJEA (Uniform Child Custody Jurisdiction and Enforcement Act).

IAAL

It was an attorney from one of those "pre-paid" places.....I'm sure she didn't know Missouri laws (and did say that we'd need an attorney from there to change custody). I assumed that she was a family law attorney as I told them what my question was, but you know about "assuming"......it just didn't sit right with me.

 

[karden]

Well, now......

Most people see me in a whole new light . . . one that includes a halo, and sun streaks through the clouds. I have long hair and a beard, and I enjoy "suppers".

IAAL

I don't know that I'd go THAT far! LOL .....But I do tend to agree with the other poster that you are a big ol' Teddy Bear! (But don't worry, I won't let the word out!) Grrrrr!

 

[karden]

Yep, know what yer mean!

Of course they need a court order, but if it is a small town in the Ozarks, they may have indeed been told to bring what papers they have. Remember they have towns with names like "Licking?
They are a world to themselves.

It is a purdy small country town, but purdy dern close to that "big country entertainers place"! LOL

Never been there, myself....but hoping to make the trip soon!

 

[rmet4nzkx]

It is a purdy small country town, but purdy dern close to that "big country entertainers place"! LOL

Never been there, myself....but hoping to make the trip soon!

Near Branson so it is in the Ozarks for sure. I had reason to call the PD in a big town in that area, I reached the chief, town was so small he knew who I was inquiring about 3 years later by just the address. LOL! some of the counties courts are not on line, Texas and Wright counties are not, so it may take calls ahead of time to both the courts and the PD.