Possible kidnapping???

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Marine36

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My jurisdiction is: Florida

To whomever,
My wife passed away last month, we never got a divorce and there was never a custody agreement. I now live in South Dakota, child protection placed the children with the grand parents until they did a home study and background check on me. Mind you this is the state of Florida they asked South Dakota to do this. All came out fine and I was told to come and pick up the 3 children. I purchased the tickets got hotel rooms...ect. At 10:00 on april 1st child protection called me at the hotel room and said the grandparents are not going to give the children up. Child protection said they don't get involved with custody battles. I have proven to Child Protection that I am the biological father and my rights are above everyone elses. I called the Sheriff they asked if I had a court order I said no and they they said they could not help me. I feell like this child protection gave the children to the grandparents no paper work was given to them about any custody in fact child protection asked me to give them a letter in case one of the children got hurt so they can get medical attention. That was done and did not contain anything about custody. So now I had to leave Florida and come back home. I am now told that I could file a motion for emergency child pick up but it would cost me $380.00 and this may not even work. There was no custody agreements nor was there child support ordered. I feel the grandparents will run with the children. Is there any thing I can do?? Kidnapping charges on the parents?? Anything so that the children will be in a place where I can be sure that they are there and safe?? Child Protection gave them the children I feel they should have been able to give the person who has legal custody the children it all seems wrong to me . someone dropped the ball. Please let me know of any solutions that you can think of and any statutes in Florida that would help me. Thanks for any help.
 
Have the grandparents filed for custody? How long has it been since you've seen the children? How old are the children?
 
No the grandparents have not filed anything, they went to see an attorney but were told my rights were superior to theres and they would be wasting there money. It's been about 4 years due to the fact my wife moved around alot , and never kept contact with me and the grandparents never let me know where she was nor did they give the children the gifts and cards I sent for birthdays and Christmas. They have even told the children that I am dead. The children are 6, 10, 11.
 
Four years is a long time with no contact. If you didn't provide any support for the children, that may count against you. Also, if you never attempted to get custody through the courts, then that may count against you as well. Truthfully, the grandparents may be able to argue that you abandoned the children.

IMO, you need an attorney. Although you have default custody, the courts will consider the best interests of the children. A Florida court may not agree that moving the children to South Dakota after a 4 year absence is in their best interests.

BTW, if the grandparents have temporary custody of the children, it would be difficult to charge them with kidnapping.
 
The children were not placed in temp. custody according to Child protection. As for support they recieved $400.00 every child a month support from me. As for the courts they reconized me as the father, since there was no aggreement of support or custody nothing can be modified. As for the best intrest ,Child Protection in there Home study they did on me, said in their report the children would be better off with me. I have all documentation. Child Protection in Florida can not grant custody nor can they get involved in custody matters. Therefor the grandparents are obstructing the legal custody .
 
As for going to court to get custody, you need to know where the children are at and what jursdicition to prusue this matter. Since I did not know where she was living I could not went to court.
 
I'm a little confused. How did you pay support if you didn't know where to send the payments?

Also, did you try to file for custody of the children? Did you consult a lawyer?
 
My payments were taken out from my Social Security and there policy is if you don't have the children then you do not need to know where and who the payments are going to. I do have a letter saying how much and when it started. Yes I have a lawyer and he said not to worry but I am that way.
 
The fact you have not seen the kids in so long, regardless of reasons, is a factor here. You could have taken steps to locate mom. If you have an attorney talk to them but chances are the courts are going to give you visitation, not custody. If you can PROVE to the courts mom hid the kids from you and you attempted to locate them, you might have a small shot. sorry but you really need to talk to your attorney.
 
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