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angelford · Jul 25, 2008, 10:29 PM

My nephew and his ex just recently broke up, his ex has a new boyfriend and he is moving her and my baby nephew to California. ( we live in Oregon ) Can't my nephew stop that, isn't that kidnapping? My nephew has filed for joint custody ( but it hasn't gone to court yet ) can that help him stop her from leaving? She hasn't let my nephew see his son in a week, she refuses to let any of his family see him. Her new boyfriend keeps getting in the middle and when we try to talk to her about the problem and letting us see the baby he gets in the middle. Says we have no rights to him even his father has no rights. They plan on leaving on the first so I need information fast. If you have any ?'s just ask and I will be happy to give you the info...

starbuck8 · Jul 25, 2008, 11:36 PM

I would start by going to your local courthouse first thing Monday morning, and inquire as to how you go about getting an emergency meeting before the judge. Tell them the circumstances and urgency of the case, and that there is a pending custody hearing.

You may also want to contact the local Sherriff's office and ask for advice on how to handle this matter before Monday. Your nephew (pending a DNA test) has just as many rights as the mother, but I don't know at this point, unless ordered, that the mother can't leave the state. She may be allowed to leave, with a promise to return for the custody hearing.

I'm not a lawyer, but these are just a few things that came to mind. I am in Canada, so the laws might be different where you are.

Best of luck to you and your nephew!

cdad · Jul 26, 2008, 08:03 AM

1) is your nephew on the BC ? ( Birth Certificate )

2) He can have filed an emergency restraining order to prevent her leaving until the case is heard before a judge. If they go anyway then they are guilty of kidnapping and will go to prison.

3) is he filing for full custody or joint ?

4) DO NOT wait to do this or put it off in any way. The parties will have to be served so there is full knowlage and therefore CAN NOT leave the state or county without the courts permission.

5) Make sure that when you issue the orders you also make sure bench warrents are issued because of flight risk. That way if they decide to miss the court date there are serious reprocussions.

Good luck.

Fr_Chuck · Jul 26, 2008, 08:11 AM

First no it is not kidnapping, a mother or father listed on the birth certificate can not kidnap in general, esp if there is no court order in place.

First until there is a court order for visits, the mother who has phsycial possession of the child can do what she wants. So there needs to be an request for an emergancy hearing for custody, a order to prevent her from moving till the hearing.

George_1950 · Jul 26, 2008, 08:45 AM

Your nephew needs a lawyer, who can request an emergency restraining order along with the request for custody and visitation (and child support). It should be in your nephew's best interests to get jurisdiction over his child in Oregon, rather than having to travel to California every time the need for modification or contempt arises.

JudyKayTee · Jul 26, 2008, 04:39 PM

Originally Posted by starbuck8

I would start by going to your local courthouse first thing Monday morning, and inquire as to how you go about getting an emergency meeting before the judge. Tell them the circumstances and urgency of the case, and that there is a pending custody hearing.

You may also want to contact the local Sherriff's office and ask for advice on how to handle this matter before Monday. Your nephew (pending a DNA test) has just as many rights as the mother, but I don't know at this point, unless ordered, that the mother can't leave the state. She may be allowed to leave, with a promise to return for the custody hearing.

I'm not a lawyer, but these are just a few things that came to mind. I am in Canada, so the laws might be different where you are.

Best of luck to you and your nephew!

Actually, no, this is not the process in the US - the Sheriff will not get involved because it is not a criminal matter and the Court won't just grant an emergency hearing without an exchange of papers explaining the emergency. The person who has the child in his/her custody at this point is in charge of the child.

Nephew needs to get an Attorney NOW - this is nothing to guess about.

Is your nephew listed on the birth certificate as the father?