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    1_sad_pa_father's Avatar
    1_sad_pa_father Posts: 4, Reputation: 1
    New Member
     
    #1

    Dec 23, 2007, 10:47 PM
    Is this considered Parental kidnapping?
    In 2003, I was sentenced to prison in Kansas. There was no custody filing on my son (still isn't). My son's mother left Kansas in the summer of 2004 and moved to Alaska (I found this out by doing my own investigation). During this time, she knew I was in prison, and never even made any sort of effort to notify me that she was moving (her ex-landlord said she just left everything in the apartment and took off).

    I got out of prison in Kansas in 2005, and I have completed parole and transformed my life. I have made every effort to find out the whereabouts of my son, as I would at least like to able to see him, but she refuses to allow me, or any of my family contact with my son.

    This situation is really depressing to me... I haven't seen my son since 2002 and I really miss him.

    I also moved to PA this year. The child's mother and I were never married, however I am on the birth certificate. I need to know the following things, if possible:

    1. Is there any criminal charges that can be filed on the mother... If so, in which state?

    2. Should I report my son as a missing person? He is 11 years old now.

    3. When I consult with an attorney, which state should it be in?

    4. Which state would have legal jurisdiction over this matter?

    And mainly...

    5. What is the best route I can take to being reunited with my son, whether it be visits or custody?

    Everywhere I have turned so far has come up as a dead end... please somebody help me in this situation.

    Has anyone been through something similar out there that can help me?

    Thank you in advance,

    Dante'
    momof3angels's Avatar
    momof3angels Posts: 15, Reputation: 1
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    #2

    Dec 23, 2007, 11:01 PM
    Well I haven't been in this situation before but I do have a daughter that I went through major custody battles for and am proud to say that I have primary placement. It used to be years ago that the mother always got custody but now the father would have to be dead not to get some type of visitation. That is definitely a plus on your part. What I would do is file a motion with the courts for a custody/visitation hearing. Your best bet is going to be to get a lawyer, they know a lot more than we do and how to go aabout doing it. If you can't afford one most courts have lawyers there that bill you based off your income. From what I understand you have to deal with sourt issues where the child was born. She has to show up because if she doesn't there is some type of thing your lawyer would be able to do to make her come or be arrested (at least that's how it is where I live). I;m sure with a lawyer you will at least be able to get some type of visitation with him. The best of luck to you no parent should be without their child and no child should be without their parent!!
    macksmom's Avatar
    macksmom Posts: 1,787, Reputation: 152
    Ultra Member
     
    #3

    Dec 24, 2007, 07:32 AM
    Since there was, and is, no custody or visitation order it was perfectly legal for her to move out of state.
    So short and sweet... there is no charges you can file against her, and you can't file your son missing.

    Your best bet is to get an attorney. You can get one in the state you are in. You should start setting up consultations with more than just one. Many offer free first consultations. Make sure you bring them all the information on her you can... as far as where she lives, if you know the address or city. You want to offer up as much information as you can, otherwise the attorney is going to have to do the searching, and that can get costly.

    Good luck.
    s_cianci's Avatar
    s_cianci Posts: 5,472, Reputation: 760
    Uber Member
     
    #4

    Dec 24, 2007, 10:49 AM
    I agree with the others. Lawyer up and go from there.

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