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Home > Law > Family Law   »   Dont have any idea what to do.

 
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Old Mar 7, 2008, 03:16 PM
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Dont have any idea what to do.

*This is a behalf of a friend

Katie and Jim were dating for 2 years, Katie became pregnant while supporting Jim and his mom, Katie continued to work and support Jim and his mom all through out her pregnancy. Katie got off work at 4 pm on a Tuesday and had Bob at 8 pm that evening. Bob is now 7 months old and Katie is tired of supporting Bob and his mom. Bob and his mom do not own cars or have jobs, pay any bills, or help financially with the baby. Katie owns her new vehicle and pays all bills and supports child alone.

Katie and Bob got into an argument and Katie decided enough is enough, to avoid any domestic violence, Katie left the apartment on a Monday evening, stayed with a friend all night. (Jim has NEVER kept Bob over night alone) Now it is Thursday, and Jims mom has taken Bob out of town with all of his belongings and no one knows where she is going or planning on taking Bob.

Is there anyway Katie can get Bob back? We live in Texas if that helps with any state law issues.

*Names have been changed for their protection

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Old Mar 9, 2008, 10:53 AM   #21  
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Just to clairify, yes Bob is with the grandmother, Katie left Bob because she didnt want to play tug-a-war with her baby,and when she came back to get the baby, he as well as all of his belongings were gone! The next two nights the father spent the night at the apartment, assuming without the baby, because none off Bob's stuff was there! Katie is scared for her life, to go there while Jim is there, that is why she hasnt went over there while he is there. Katie asked the cops to go with her and the said they could not do that! She left Bob there because Jim has filled her head that if the cops get called CPS will be contacted and she will never get to see the baby again, so avoiding domestic violence she left the baby there.

She has a lawyer now, and a restraining order is in place, but not a protective order, the cops said thats a different thing?? He can be arrested for protective order but not for restraining order????

As of now, we think that Bob is with the grandmother in a home that is not suitable for living, can we call CPS annonomously and have them go out and look?
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Old Mar 9, 2008, 11:19 AM   #22  
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Quote:
Originally Posted by trying4babykirk
Just to clairify, yes Bob is with the grandmother, Katie left Bob because she didnt want to play tug-a-war with her baby,and when she came back to get the baby, he as well as all of his belongings were gone! The next two nights the father spent the night at the apartment, assuming without the baby, because none off Bob's stuff was there! Katie is scared for her life, to go there while Jim is there, that is why she hasnt went over there while he is there. Katie asked the cops to go with her and the said they could not do that! She left Bob there because Jim has filled her head that if the cops get called CPS will be contacted and she will never get to see the baby again, so avoiding domestic violence she left the baby there.

She has a lawyer now, and a restraining order is in place, but not a protective order, the cops said thats a different thing?? He can be arrested for protective order but not for restraining order????

As of now, we think that Bob is with the grandmother in a home that is not suitable for living, can we call CPS annonomously and have them go out and look?


Meagan, I'm going to sound like an unsympathetic monster here and for that I apologize in advance. I also try to never judge (although I don't know everyone will agree with my evaluation of my past behavior) - BUT -

If someone had one of MY children in Hell, guarded by the Devil himself, I would be there getting my child back. There is no way I would leave my child behind, no reason, no way, for one hour, one day, one night. No way, particularly when she has nothing but complaints about the Grandmother and Father. It's not like this was a happy relationship in all directions and there was a spat and she left - not that that would be an excuse - but ... no way! She left her child behind and she's too afraid to go and get him ... or try to see if he's in the apartment? But she left her child.

Once again - nothing good to say about the boyfriend and his mother ... so she has a child with him. And stays with him?

Pure and simple, Police or no Police, law or no law. If Katie has allowed "Jim" to emotionally abuse her - and that is what this is with the nonsense about CPS and the Police and whatever else - for some period of time (and I would say physically abuse her if she is afraid of him) then she owes it to her child to get the child out of there. So bad news comes to worse news - the child would be out of there if CPS investigates and so orders. I think they BOTH need parenting classes anyway and she needs a wake up call.

If she has a restraining order but needs a protective order then she needs to be on the Courthouse steps tomorrow and file for the protective order - of course, she has an Attorney and where is he/she during all of this?

And why in the World would you call CPS anonymously to report this situation unless you think the mother DOES have a concern about losing custody? So call CPS, tell them what you know and get them involved. Again - if this were MY child the Police would be busy restraining ME!

Get off the Internet and hire a Licensed Private Investigator - hire a good one and you'll know where EVERYONE is in a matter of hours.

Sorry, but I don't think the whole story is being posted.
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Old Mar 9, 2008, 11:41 AM   #23  
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I have to agree with Judy. I am very picky on who I leave my kids with and if I thought there was a problem concerning my childs safty in a house the door would be off the hinges and/or windows would be smashed to get my kid out. Waiting patiently would never have been an option. Maybe she'll at least learn from this and not leave her kid behind anymore. That being said get an attorney to get emergency custody established and the judge can also order an arrest warrent if appropriate. She will have to explaine why it took so long for her to do this and why she was afraid that CPS would take away her custody too though.
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Old Mar 9, 2008, 11:41 AM   #24  
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Quote:
Originally Posted by JudyKayTee
Sorry, but I don't think the whole story is being posted.

Thank you for your advice and opionion. I know that unless anyone has been through the exact same situation no one will understand, and no two situation are exactly the same. Again thanks for your opionion.
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Old Mar 9, 2008, 11:41 AM   #25  
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Actually if the mother has legal custody of the child by birth certificate and if her ex isnt present with the child to care for the baby then if " MOM " requests the child and G'ma refuses to return the child thats kidnapping. Kidnapping is holding someone against their will or by force. Since the child is so young then the responsibility goes on the parent to act in the childs best interest. So if the parent is requesting the child and nobody boths to release the child thats kidnapping.

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excon agrees: It IS, isn't it?
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Old Mar 9, 2008, 11:45 AM   #26  
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She was afraid the CPS would take the baby away because she thought they would think he was in an unstable enviroment.

JUST TO BE CLEAR: All the paper work has been filed, and the appropriate law enforcement has been contacted!

I guess no one understands what I am asking, what can we do in the mean time. Court is not scheduled until Thursday morning!
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Old Mar 9, 2008, 11:48 AM   #27  
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Quote:
Originally Posted by califdadof3
Actually if the mother has legal custody of the child by birth certificate and if her ex isnt present with the child to care for the baby then if " MOM " requests the child and G'ma refuses to return the child thats kidnapping. Kidnapping is holding someone against their will or by force. Since the child is so young then the responsibility goes on the parent to act in the childs best interest. So if the parent is requesting the child and nobody boths to release the child thats kidnapping.

Thats what we thought, but the Police said that as long as one parent knows then its not kidnapping, but Jim will not tell Katie where Bob is, but they said thats still ok, and not kidnapping!
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Old Mar 9, 2008, 11:51 AM   #28  
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Quote:
Originally Posted by trying4babykirk
She was afraid the CPS would take the baby away because she thought they would think he was in an unstable enviroment.

JUST TO BE CLEAR: All the paper work has been filed, and the appropriate law enforcement has been contacted!

I guess no one understands what I am asking, what can we do in the mean time. Court is not scheduled until Thursday morning!


Okay, that I can answer.

There is nothing you can do in the meantime. You have an Attorney. You've contacted the Police. You are out of options.

Everything else is just an opinion from people unfamiliar with your particular State, its laws, the situation -
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Old Mar 9, 2008, 12:04 PM   #29  
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Quote:
Originally Posted by trying4babykirk
what I am asking, what can we do in the mean time. Court is not scheduled until Thursday morning!
Hello again:

I've told you what to do in the meantime. You just don't wanna do it.

I'm gonna say this one more time. You don't go to court over a kidnapping. You go to the cops. If the cops won't do anything, you don't go hide - you RAISE HELL!!!!! Call the FBI.

I'm tired of talking to a wall.

excon
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Old Mar 9, 2008, 06:06 PM   #30  
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Last of the 2cents from me on this post just to clarify ( I hope ) 2 issues.

1) amber alerts
AMBER Alert - Wikipedia, the free encyclopedia

2) kidnapping
Kidnapping - Wikipedia, the free encyclopedia

Child abduction - Wikipedia, the free encyclopedia

I hope those help with some understanding of what they are and how they may apply here.
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