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View Full Version : Is it legal for a spouse to abduct a child from Florida to Georgia then file support


vaughnt
Jun 24, 2012, 10:14 AM
Is it legal for a spouse to vanish with their spouses child then file child support.

While transitioning into another apartment, in Florida, I sent my wife & son to stay with my parents in Georgia. We are still married and there was no court order establishing custody before she left because we were still together. I learned at the time of her immigration interview she was denied her green card because she entered the country illegally and had to answer for various charges. She was given a court date to appear but shortly after disappeared with our son.

My attempts to get her to handle the situation rationally were lost when she changed her phone number and dropped off the grid completely.

She filed for child support but when I called child support I was told the case had been closed and when I asked if I could reopen the case and place myself on child support I was told I couldn't place myself on child support.

I reconfirmed the child support case was closed sometime later when it came to my attention she was given a passport in our sons name. (Which was given after I issued an alert on my sons SSI # through the National Center for Missing and Exploited Children and the Passport Issuance Alert Program.) Once I received the copy of my sons passport record I saw that she stated that she nor child support could locate me, which was a lie. However the record blocked out the address she filed from. After confirming with Immigration the case she opened was closed and that child support still had valid contact info for me on file I continued my search for my wife.

Since my wife 1st went missing with our son I've called and filed reports with the Department for missing and exploited children, I've attempted to have a block put on my wife being able to acquire a passport in our sons name which she was able to acquire anyway dur to the incompetence of passport services..

I've called Immigration, just to be told there wasn't much they could do.

I've called the police who told me I couldn't file kidnapping or a missing persons report on my wife.

I've called family sociasl services DFAX & DCF in Georgia & Florida who just gave me the runaround and did nothing.

When I tried to file a Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit, along with the other related documents, in an attempt to have her found and brought into court to answer for herself I was told that I couldn't file unless I knew where she was because I would have to serve her.

I ended up going through 2 private investigators & just recently got an address on a possible location for my wife and son.

I also recently discovered that the child support case which mysteriously was closed for 3 & a half years was back open. When I went down to the department of revenue I was told that the file was closed because they were transitioning over to a new system. No logical reason was given why it took them almost 4 years to reopen the case and contact me to be served.

I'm in the process to filing a counter petition to the child support case now but must say I'm a bit lost with all of the misdirection and bad information I've been given over the years.

My son has been missing since 2009 and just turned 5 years old this year. I knew men had very few rights when it came to family law but I never thought what happened to me would be as easily dismissed as it has been by DCF, DFAX, Immigration, or the Police. I never thought that it was legal for a person, regardless of there citizenship, to vanish with the child of their spouse. I thought, as a parent I was just as entitled to the visitation & support of our son. I thought that regardless of separation or her wanting to relocate so form of agreement had to be made.

I didn't think she had the right to vanish of the face of the earth, then file child support for my son whom by her actions has denied me legal visitation or any right to custody without going through proper channels..

At this point all I want to do is get my wife into court so she can answer for what she's don'e but it looks like I'll have to break the bank to do it properly because my situation has become so more complicate due to the incompetence & bad direction various department & institutional staff. :-(

Any words of advice or wisdom would be appreciated. I'm at the point of calling Oprah.

X: A Father At His Whits End..

cdad
Jun 24, 2012, 10:24 AM
What have you done to find her and the child? Did you call the police?

Mariansc1234
Jun 24, 2012, 10:50 AM
Not if she legally has custody of the child, then she has broke no laws. The question to you is, are you the sole legal guardian, and she only has visitation rights. Also, what state are you in, each state varies, regarding child custody, child support laws.

Even if she filed for child support, and wasn't legally the legal guardian, all you would have to do, is tell the child support division, show court papers, that you are the sole legal guardian.

The only crime I can tell from your question that she has committed is that she is in the USA illegally.

Fr_Chuck
Jun 24, 2012, 10:58 AM
Not enough information in post to answer, it can be legal or illegal, next illegal does not mean criminal but may be against a family court order and could put them in contemp

At this point, who has court ordered custody of the child? Is there a court order for visitation ?
Where was the child support order filed, and have you ans wered it, asking for jurisdiction in FL since that is where you have all of your court orders for custody filed ( assuming you have filed for custody before or at least after she left

Fr_Chuck
Jun 24, 2012, 06:12 PM
So you have not went to court and got a order of custody and had her found in contempt for not appearing in court with the kids ?

You will have to hire a PI to find her

ScottGem
Jun 24, 2012, 06:57 PM
You may find this site helpful http://www.missingkids.com/en_US/documents/CrimCustodInterfStatutes.pdf

Since you have equal custody she did nothing illegal by leaving. However, I believe hiding from you is considered parental kidnapping. But I think what you need to do first is to file for custody of the children. You will have to serve her in abstentia to get a default judgment. You can use the evidence you have found.

Once you have been awarded primary custody, then she will be in contempt of the court. You can then file charges against her for custodial interference and abduction.

AK lawyer
Jun 24, 2012, 07:29 PM
... When I tried to file a Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit, along with the other related documents, in an attempt to have her found and brought into court to answer for herself I was told that I couldn't file unless I knew where she was because I would have to serve her.
...

One doesn't file just an affidavit under UCCJEA; did you file a petition for custody? Did you consult with an attorney? If you haven't done so, you should see an attorney tomorrow.

I suspect that she has taken the child out of the country; in which case UCCJEA would't really help anyway.