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  1. #1 I am livid with what my ex is trying to do 
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    Since there is no whiny zone yet, I will post this here.

    I am a single father of a 14 yo boy. I let my son go back to Minnesota to visit his mom and the rest of his extended family there. He was supposed to return, no later than Aug. 1st (tommorrow).I have sole legal and physical custody, adjudicated in Nov. 2005 by the Dakota County Court.

    I just recieved a letter from his mom informing me that she is filing for a change of custody due to emotional and physical abuse. Although no abuse ever took place.

    I need input from some of you on this very serious matter. My plans are to inform the FBI on monday that a parental abduction has occured.

    I do not have any extra money for an extended fight in the courts with someone who has free legal help.

    What else should I do, or not do?

    Thanks,
    Teetop

    P.S. If I don't answer you immediately, I will check back tommorrow on what advice was given.
    Last edited by Teetop; 07-31-2008 at 04:04 PM. Reason: adding the P.S.
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  2. #2  
    Resident Unliked Meanie Shannon's Avatar
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    I am not a lawyer. Hopefully Philly will come along shortly. I have dealt with a situation similar to this though. My friend's ex took off with their kid to a different state. He had to contact the authorities in that state then fly up there and get some kind of court order. This was all done without the mother of the child knowing. The cops showed up where the mom was staying and returned the child to the father. I wish you the best of luck.
    Loyalty Binds Me- Motto of Richard III
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  3. #3  
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    I think your advice should come from an attorney, not strangers on a message board.
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  4. #4  
    Senior Member Zeus's Avatar
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    Parental Kidnapping Prevention Act

    If a party (such as your ex-spouse) refuses to return your child, you may seek relief under the Parental Kidnapping Prevention Act (PKPA). Contact the local law enforcement authorities and request they assist in the return of the child. If they refuse, insist that they enforce the PKPA Statute. Local law enforcement is bound by law to enforce the PKPA, and it is NOT up to them to selectively enforce it OR to decide the merits of any specific case or situation where the PKPA is applicable.

    Parental Kidnapping Prevention Act
    28 USC Sec. 1738A
    The 21st century. The age of Smart phones and Stupid people.

    It is said that branches draw their life from the vine. Each is separate yet all are one as they share one life giving stem . The Bible tells us we are called to a similar union in life, our lives with the life of God. We are incorporated into him; made sharers in his life. Apart from this union we can do nothing.
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  5. #5  
    Resident Unliked Meanie Shannon's Avatar
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    Quote Originally Posted by linda22003 View Post
    I think your advice should come from an attorney, not strangers on a message board.
    Philly, Ginger and SLW have never been wrong when they give me advice.:D
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  6. #6  
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    Quote Originally Posted by linda22003 View Post
    I think your advice should come from an attorney, not strangers on a message board.
    True, but am I wrong to inform the FBI of a what is going on? I don't. It was agreed that he would be returned Aug 1st.

    I don't have money for an attorney, much less living in a small town as I do, I wouldn't trust the advice these morons gave me. Believe me, the attorneys here are very limited in what they do. I live in a town of about 2,300.
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  7. #7  
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    Thanks, Zeus. Very helpful and informative.
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  8. #8  
    Senior Member Zeus's Avatar
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    Treetop it would behoove you to have a talk with an attorney beforehand. Then you know where & how you can deal from power and not get wrapped up in a legal pissin contest.

    FWIW. Your ex may be feeling emboldened because she has the help of family & friends. The family and friends may decide not to be so "helpful" once they are informed their asses are on the line also.
    The 21st century. The age of Smart phones and Stupid people.

    It is said that branches draw their life from the vine. Each is separate yet all are one as they share one life giving stem . The Bible tells us we are called to a similar union in life, our lives with the life of God. We are incorporated into him; made sharers in his life. Apart from this union we can do nothing.
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  9. #9  
    noonwitch
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    Because it is an interstate matter, it should involve the FBI, so your instinct in that sense is correct. I would still start with the local police, and file a missing person's report when the kid doesn't return at the scheduled time. It will help your case.


    Here's the sticky point-have you been contacted at all by Minnesota's child protection system? If your ex called it in, you would be hearing from them or from your local police. If not, she's just blowing smoke and trying to back you off, and subvert a custody order.
    PS referral sources are confidential, but who else would be making a PS referral in MN? If you hear from anyone regarding those allegations, I would assume she made the referral. I don't know your kid-is he easy to yank around, in a mental or emotional sense? Is his mom one of those "pity me" kinds of people, who can prey on his sympathies and normal desire for a better relationship with his mother? Could she get him to lie to authorities to make you look bad-even if he doesn't want to, could that happen out of his desire to please his mom, or because she promised him a new bike or something if he comes to live with her?

    As you know, courts/CPS favor mothers, usually. Obviously, his mother has issues or you would not have obtained full custody of the kid. I'm sure that the court documented this to some degree on your custody order. The FBI listen to what CPS says in these matters, for the most part. If you have all your court paperwork together for the police or FBI, I think they will listen to what you have to say.

    I'm not a lawyer, and I would wait for one to ring in here with further advice before acting, but I have seen this kind of thing happen before, with mothers using the kids to push the dads around.
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  10. #10  
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    Quote Originally Posted by Zeus View Post
    Treetop it would behoove you to have a talk with an attorney beforehand. Then you know where & how you can deal from power and not get wrapped up in a legal pissin contest.

    FWIW. Your ex may be feeling emboldened because she has the help of family & friends. The family and friends may decide not to be so "helpful" once they are informed their asses are on the line also.
    Believe me, it's not family and friends helping her. It's freebies from the state of Minnesota. I believe she is trying to pull an "end around" Dakota County Court. Any further change of custody goes before the Dakota County Court.

    Maybe I should get back in touch with the CPS official who accompanied my son here?
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