Faher Took Children Out Of State W/o Permission Please Help!!!

[mpatriotgrl]

I just moved from Ohio to Florida with fathers consent. I left the children in Ohio for a visit was going to return to get them in the meantime the father took the boys out of the State of Ohio and went to Iowa without my consent with his girlfriend who I might add has about five kids, but no custody of them she chose drugs and alcohol over her kids. I do not want my boys subjected to this. I have legal custody of one of them neither one of us has custody of the other one. I drove to Iowa when i finally found out where my children were( two and a half months later). I had my custody paper in hand, but the Iowa police dept would not get my children from the father. I then drove to Ohio to file charges against him, there is a warrant for his arrest in Ohio for interference with custody, they would not make it a nationwide warrant, he has no indications of going back to Ohio so unless he does he will not be arrested. I was not notified when he left or anything, I would not have an address or phone number if it weren't for the police report. I have just learned that he has filed for custody in Iowa for the two boys he has. I have his other son with me he wants nothing to do with the four year old baby.He hasnt lived in Iowa long enogh to get jurisdiction I dont think, about 2-3months. I thought that under the Child custody jurisdiction act he had to have at least six months residency in that state. I am trying to afford an attorney, but it is getting very difficult my phone bill from calling Iowa attorneys is outrageous. I have called state attorneys,county attorneys, clerk of courts , FBI, even called the judge trying to get an emergency hearing and a pick up order. If anyone can plaese help I would appreciate it thank you.

 

[Michael Wechsler]

Originally posted by mpatriotgrl:
I just moved from Ohio to Florida with fathers consent. I left the children in Ohio for a visit was going to return to get them in the meantime the father took the boys out of the State of Ohio and went to Iowa without my consent with his girlfriend who I might add has about five kids, but no custody of them she chose drugs and alcohol over her kids. I do not want my boys subjected to this. I have legal custody of one of them neither one of us has custody of the other one. I drove to Iowa when i finally found out where my children were( two and a half months later). I had my custody paper in hand, but the Iowa police dept would not get my children from the father. I then drove to Ohio to file charges against him, there is a warrant for his arrest in Ohio for interference with custody, they would not make it a nationwide warrant, he has no indications of going back to Ohio so unless he does he will not be arrested. I was not notified when he left or anything, I would not have an address or phone number if it weren't for the police report. I have just learned that he has filed for custody in Iowa for the two boys he has. I have his other son with me he wants nothing to do with the four year old baby.He hasnt lived in Iowa long enogh to get jurisdiction I dont think, about 2-3months. I thought that under the Child custody jurisdiction act he had to have at least six months residency in that state. I am trying to afford an attorney, but it is getting very difficult my phone bill from calling Iowa attorneys is outrageous. I have called state attorneys,county attorneys, clerk of courts , FBI, even called the judge trying to get an emergency hearing and a pick up order. If anyone can plaese help I would appreciate it thank you.

This sounds like a violation of the Parental Kidnapping Prevention Act 28 USC Sec. 1738A -- this might be something you can use. Why did the Iowa sheriff not get involved? What was his reason for not doing so despite your having custody of the children?

28 § 1738A. Full faith and credit given to child custody determinations
(a) The appropriate authorities of every State shall enforce according to its terms, and shall not modify except as provided in subsection (f) of this section, any child custody determination made consistently with the provisions of this section by a court of another State.

(b) As used in this section, the term -

(1) 'child' means a person under the age of eighteen;

(2) 'contestant' means a person, including a parent, who claims a right to custody or visitation of a child;

(3) 'custody determination' means a judgment, decree, or other order of a court providing for the custody or visitation of a child, and includes permanent and temporary orders, and initial orders and modifications;

(4) 'home State' means the State in which, immediately preceding the time involved, the child lived with his parents, a parent, or a person acting as parent, for at least six consecutive months, and in the case of a child less than six months old, the State in which the child lived from birth with any of such persons. Periods of temporary absence of any of such persons are counted as part of the six-month or other period;

(5) 'modification' and 'modify' refer to a custody determination which modifies, replaces, supersedes, or otherwise is made subsequent to, a prior custody determination concerning the same child, whether made by the same court or not;

(6) 'person acting as a parent' means a person, other than a parent, who has physical custody of a child and who has either been awarded custody by a court or claims a right to custody;

(7) 'physical custody' means actual possession and control of a child; and

(8) 'State' means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or possession of the United States.

(c) A child custody determination made by a court of a State is consistent with the provisions of this section only if -

(1) such court has jurisdiction under the law of such State; and

(2) one of the following conditions is met:

(A) such State (i) is the home State of the child on the date of the commencement of the proceeding, or (ii) had been the child's home State within six months before the date of the commencement of the proceeding and the child is absent from such State because of his removal or retention by a contestant or for other reasons, and a contestant continues to live in such State;

(B) (i) it appears that no other State would have jurisdiction under subparagraph (A), and (ii) it is in the best interest of the child that a court of such State assume jurisdiction because (I) the child and his parents, or the child and at least one contestant, have a significant connection with such State other than mere physical presence in such State, and (II) there is available in such State substantial evidence concerning the child's present or future care, protection, training, and personal relationships;

(C) the child is physically present in such State and (i) the child has been abandoned, or (ii) it is necessary in an emergency to protect the child because he has been subjected to or threatened with mistreatment or abuse;

(D) (i) it appears that no other State would have jurisdiction under subparagraph (A), (B), (C), or (E), or another State has declined to exercise jurisdiction on the ground that the State whose jurisdiction is in issue is the more appropriate forum to determine the custody of the child, and (ii) it is in the best interest of the child that such court assume jurisdiction; or

(E) the court has continuing jurisdiction pursuant to subsection (d) of this section.

(d) The jurisdiction of a court of a State which has made a child custody determination consistently with the provisions of this section continues as long as the requirement of subsection (c)(1) of this section continues to be met and such State remains the residence of the child or of any contestant.

(e) Before a child custody determination is made, reasonable notice and opportunity to be heard shall be given to the contestants, any parent whose parental rights have not been previously terminated and any person who has physical custody of a child.

(f) A court of a State may modify a determination of the custody of the same child made by a court of another State, if -

(1) it has jurisdiction to make such a child custody determination; and

(2) the court of the other State no longer has jurisdiction, or it has declined to exercise such jurisdiction to modify such determination.

(g) A court of a State shall not exercise jurisdiction in any proceeding for a custody determination commenced during the pendency of a proceeding in a court of another State where such court of that other State is exercising jurisdiction consistently with the provisions of this section to make a custody determination.