Hello;I've gone to several forums seeking advice. There are so many details, I think I've included way too much info & don't want to overwhelm anyone. Desperately need advice & if I need to include any info, please let me know. I'll try & keep this post brief!
My son & his ex (never married) have "joint legal custody" of thier son, with "shared physical". Jurisdiction is in VA. Mom lives in Arizona, Dad lives in VA. (Mom lived in Az. from Sept '03 when baby was born, moved to Co. in Dec. '03, moved to VA. in May '03)Both parents & child lived in VA. until Sept 2004, when mom went to Arizon to visit relatives & didn't come back. Son filed "paperwork", mom co-operated. I was authorized by the court & both parents to fly to AZ in Dec '04 to pick up baby & did so; mom met me at airport. In March '05, moms sister flew to VA & got baby, the dad met her at the airport. On June 14, 2005 (Tuesday, this week) I again flew to AZ for the baby... & mom & baby eren't there. According to a family member, she's visiting relatives in CO. Family member refuses to give an address, but gave a cell #. Voice mail picks up to sons repeated calls. We thought something was going on before I flew. Daddy hasn't been able to reach his son in nearly 4 weeks now... As the "authorized family member", I contacted the police & they filed a report "Intereference With Custodial Order".
Flew home, & babys Daddy went to the courthouse & filed contempt charges. The person my son spoke to at the courthouse said that he would receive notice of a hearing by mail (so will she at her last known address). And the hearing will take place in 6 to 8 weeks & she is supposed to bring the baby back for that. The police say this is a "civil matter". Sons court ordered parenting time started on June 14, 2005 & mom is no-where to be found!
Should he file a "motion to modify" as well? Should we be doing anything else? Son would like to go "pro-se". Can anyone point us in the right direction? Any ideas of Legal clinics in Norfolk VA to draw up proper forms? Money (or lack of!) is an issue.
And. Does son have to wait 6 to 8 weeks to "see" his child, if they show up? It seems like if this is his parenting time, he should be able to do something to have the child returned... Thank you!
