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-   -   Transfer of custody issue (https://www.askmehelpdesk.com/showthread.php?t=150854)

  • Nov 11, 2007, 11:30 AM
    laluvchyl
    Transfer of custody issue
    I am a resident of Louisiana who has raised her godson for 7 years of his life. He is now 8 years old. He began living with me at the age of two weeks because his mom would always bring him over to the house and I felt that it would be best if he was to be in one place or the other so that he wouldn't be shifted so much from one house to another. Well, the mother brought all of his little clothes and said I think it would be best if he lived with you. And she supplied me with a Power of Attorney that could be revoked at any time, so that I could make the necessary decisions needed to take care of him. After 4 years had gone by she decided to play the mommy role. She went and checked him out of preschool where I had him enrolled, and left the state without a warning or so much as a goodbye. After one year she showed up in town again, and said that she could not take care of him because he was too much to handle. She wanted me to take him back and I explained to her that this would only happen if she agreed to turn over custody of him to me so that he could have a stable place to live. She agreed and therefore, the Voluntary Transfer of custody was done keeping her visitation rights reserved. This was in 2004. Well, she has shown back up only to have done the same thing again. She came to my house and got him while I wasn't here, and refuses to return him. I have full, not temporary custody of this child and no one seems to want to help me. What can I do? She is scarring him emotionally, and mentally with this foolishness. I need some good sound advise. PLEASE HELP ME??
  • Nov 11, 2007, 01:59 PM
    s_cianci
    You say that "no one seems to want to help you." Who exactly is refusing to help you and what is it that you want them to do that they're not doing? This woman is guilty of kidnapping. Granted the authorities might not see it that way since she is the biological mother and might not want to get involved and bring any charges against her. I'd hire a good family law attorney and begin by filing a motion to have a warrant issued for her arrest. Then I'd ask for the visitation order to be modified so that she'd have supervised visitation only. The rest would be reactive on your part, depending on whether she tries to get custody, etc.
  • Nov 11, 2007, 03:58 PM
    macksmom
    You need to take your court order, stating that you have full custody of this child, to the police, and inform them that this child has been kidnapped.
  • Nov 11, 2007, 04:04 PM
    ScottGem
    I agree with s_cianci, you need to explain what you have done and how was help refused. As both previous answers said, she committed kidnapping. You have a valid custody order, they should help you enforce it.
  • Nov 11, 2007, 05:09 PM
    jasondbel
    You need to get that child from that woman before that boy becomes another statistic. Not fair to the boy. He needs you to step up no one else will
  • Nov 11, 2007, 06:33 PM
    ScottGem
    Quote:

    Originally Posted by jasondbel
    you need to get that child from that woman before that boy becomes another statistic. Not fair to the boy. he needs you to step up noone else will

    First, there is no indication that the mother presents any physical danger to the child. Maybe there will be some emotional scarring.

    Second, she knows she needs to get the child back, She wants to "step up" but she's asking for help in how. Your response doesn't offer any advice on how.

    As I said in another response, its nice that you want to help, but make sure you ARE helping.
  • Nov 12, 2007, 11:00 PM
    jasondbel
    I am from Louisiana myself and my sons mother is a stripper crack addict on bourbon str.. After my son quit taking the nipple at 5months she disappeared and I had my son for two months. Then she pops back up I call the police they made me give him to her then spit a mouthful of dip by my feet. She disappeared called me months later saying she's had enough brought him to me then left. Came back demanding him again. Just last week I got a call saying she is in jail for me to come get my son. Unfortunately I gave my place up and now I'm driving 18 wheelers cross country. My point, the mother sounds like my sons mother and look at the mess I'm in now. My son had it all with me. I haven't seen her in almost a year. Now I have a call she is in jail and is getting time. I gave everything up to live in my semi thinking I was never going to see him again. He remebers me (I took the last two weeks off work) he will not go to anyone at all! He is two. Its been over a yr and he won't let me go. He says dadda wheres momma or dadda mommas gone! Tears stream down my eye because I have no family and no clue what to do. He was born and Katrina hit in the same month. That kid needs stability. If you have custody then that's kidnapping. She is unfit. According to Louisiana law however she carried him for nine months and no legal document will get in that way. Neopolionic law. One must have pictures of her with a crack pipe in her mouth for the courts to even award temporary custody to the father in Louisiana. Hope that helps hoe you're happy scottgem
  • Nov 13, 2007, 08:17 AM
    jasondbel
    Comment on ScottGem's post
    You're an idiot! The mother keeps leaving then wanting to come back etc... The only difference is I am the father I don't need a power of attorney. But I still have to give up my son in Louisiana to his mother and her being in Louisiana will have to too
  • Nov 13, 2007, 09:01 AM
    ScottGem
    First, I see nothing in the OP's post that would indicate the bio mother is anything like your ex. You have had a bad experience and that is affecting the way you view other situations.

    Also the OP's situation is that she has court ordered custody. In your situation it doesn't appear you received custody.

    Yes, in many states, father's rights are hard to come by. That is changing, but slowly. But your situation is really not truly analgous to the OP's.
  • Nov 14, 2007, 07:19 AM
    laluvchyl
    Hello everyone! I want to thank you all for your comments and suggestions. Some of you have been a great help. I am very pleased to announce that my baby is back home with me. I have had to call the police on the mother for showing up at my house again, but she has been informed by the authorities to stay away or she will be arrested. I know that I have a long hard battle coming as well as my baby, but I can't allow the mother to just drop in and out of his life whenever she deems necessary, and not even consider the effect the it has on him. If anything changes, I will post to let you all know. Again, thank you all so very much.
  • Nov 14, 2007, 07:28 AM
    macksmom
    Well good for you :)

    I would get on the ball to making sure she can't come take him again.
  • Nov 14, 2007, 07:30 AM
    ScottGem
    Thanks for letting us know that this worked out for you. Just curious as to what happened, did the police help you get the child back?

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