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    Kameronm01's Avatar
    Kameronm01 Posts: 5, Reputation: 1
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    #1

    Jul 25, 2012, 09:20 AM
    Is it considered kidnapping if I take my children?
    My children's father and I are going through a very UGLY divorce. He has been arrested and sent to prison multipul times for abuse on me, drugs, and violating parole by moving out of state. He left when I was four months pregnant for our daughter and 6 days after my son was born he left again. My lawyer advised me not to let him get the kids but I let my better judgment get the best of me and NOW HE IS KEEPING my kids from me. I am a VERY fit mother with a job and car and I have money and my own place. He tells me that I have to have supervised visitation.For what? I never left or did anything wrong!! So I have came up with a plan... Get someone to follow me... I through my kids in their car and they have someone else driving while t hey buckle the kids in. Yes its basically like kidnapping my kids. There is no custody!! He just being mean. It's that OK for me to do?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Jul 25, 2012, 09:31 AM
    Don't do it! You said its an ugly divorce. I'm assuming that means you have already filed in court for divorce. You also mentioned having an attorney. So you get your attorney to file for an emergency custody hearing. Show the court that you let the father see the children and in return he is holding them hostage and refusing to let you see them. Ask the court to issue a temp custody order returning the children to you. Then you can go with police escort to pick them up.

    If there are no custody orders as yet, then you both have equal rights to the children. But possession is 9/10ths of the law. He has acted wrongly, so you take the high road and get the court behind you.

    You have an attorney listen to them!
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    #3

    Jul 25, 2012, 09:47 AM
    Quote Originally Posted by ScottGem View Post
    Don't do it! You said its an ugly divorce. I'm assuming that means you have already filed in court for divorce. You also mentioned having an attorney. So you get your attorney to file for an emergency custody hearing. Show the court that you let the father see the children and in return he is holding them hostage and refusing to let you see them. Ask the court to issue a temp custody order returning the children to you. Then you can go with police escort to pick them up.

    If there are no custody orders as yet, then you both have equal rights to the children. But possession is 9/10ths of the law. He has acted wrongly, so you take the high road and get the court behind you.

    You have an attorney listen to them!
    There is nothing that I can do but either take my kids when he invites me over or wait for court! I don't fall in Louisiana's jurisdiction being that I just moved back from Florida in April. I have to wait until he files(he was arrested in Florida and extradited in November) and I can't take the chance of losing my kids. I don't have any other options!!
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    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Jul 25, 2012, 09:55 AM
    Quote Originally Posted by Kameronm01 View Post
    There is nothing that I can do but either take my kids when he invites me over or wait for court! I don't fall in Louisiana's jurisdiction being that I just moved back from florida in april.
    I don't understand this. Has a petition for Divorce been filed? If so where? Have you discussed getting the children back with your attorney?

    And you always have options that don't involve running afoul of the law. You just may not be aware of what they are.
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    #5

    Jul 25, 2012, 10:05 AM
    Quote Originally Posted by ScottGem View Post
    I don't understand this. Has a petition for Divorce been filed? If so where? Have you discussed getting the children back with your attorney?

    And you always have options that don't involve running afoul of the law. You just may not be aware of what they are.
    Yes.. It's called wait until September before I can do anything... how is it breaking the law if custody has not been granted to either on of us!! He is inviting me to his home so Im not trespassing and I have proof he invited me
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    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Jul 25, 2012, 10:26 AM
    As I said, possession is 9/10ths of the law. And you aren't listening to me. I said that your attorney should request an EMERGENCY hearing, probably an ex parte, to assign temp custody. Your attorney points out his criminal record and that the children have always lived with you and that he has abandoned you multiple times. Finally he points out that you tried to be the good guy and let him see the children and he used that to keep the children from you. I would be very surprised if the court does not issue an temp custody order and set a hearing date or set to review custody at your next hearing.

    But lets say you go through with your ill-conceived plan. And lets see he issues an Amber Alert and the cops pick you up and take you to jail. Do you think that will help you get your children back.

    Yes, its unlikely you will be prosecuted for kidnapping, but the incident won't sit well with the court.
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    #7

    Jul 25, 2012, 10:42 AM
    Quote Originally Posted by ScottGem View Post
    As I said, possession is 9/10ths of the law. And you aren't listening to me. I said that your attorney should request an EMERGENCY hearing, probably an ex parte, to assign temp custody. Your attorney points out his criminal record and that the children have always lived with you and that he has abandoned you multiple times. Finally he points out that you tried to be the good guy and let him see the children and he used that to keep the children from you. I would be very surprised if the court does not issue an temp custody order and set a hearing date or set to review custody at your next hearing.

    But lets say you go through with your ill-conceived plan. And lets see he issues an Amber Alert and the cops pick you up and take you to jail. Do you think that will help you get your children back.

    Yes, its unlikely you will be prosecuted for kidnapping, but the incident won't sit well with the court.
    I do undersatnd what you are saying but in Louisiana I have to prove child abuse or sexual abuse! I can't do the EMERGENCY CUSTODY!! I have already discussed this with both my lawyers! I am screwed
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    #8

    Jul 25, 2012, 10:43 AM
    Quote Originally Posted by ScottGem View Post
    As I said, possession is 9/10ths of the law. And you aren't listening to me. I said that your attorney should request an EMERGENCY hearing, probably an ex parte, to assign temp custody. Your attorney points out his criminal record and that the children have always lived with you and that he has abandoned you multiple times. Finally he points out that you tried to be the good guy and let him see the children and he used that to keep the children from you. I would be very surprised if the court does not issue an temp custody order and set a hearing date or set to review custody at your next hearing.

    But lets say you go through with your ill-conceived plan. And lets see he issues an Amber Alert and the cops pick you up and take you to jail. Do you think that will help you get your children back.

    Yes, its unlikely you will be prosecuted for kidnapping, but the incident won't sit well with the court.
    Plus I have Not been in LOUISIANA for 6 months. I can't go to court if I wanted to!
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    ScottGem Posts: 64,966, Reputation: 6056
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    #9

    Jul 25, 2012, 12:08 PM
    I'm not that familiar with LA law. I'll see if I can get someone else to check on that. But I really find it hard to believe that you can't, at least, get an Emergency Hearing.

    But I can't believe that grabbing the children will work in your favor.
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    ScottGem Posts: 64,966, Reputation: 6056
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    #10

    Jul 25, 2012, 12:59 PM
    Hmm, I had someone check and he confirmed that

    Yes-the OP's lawyer is right. In La emergency hearing is possible only in these conditions:
    1Sexual or physical abuse
    2Child abandonment

    However, didn't you say he had a history of physical abuse against you? Are there police records for that? Might that not be enough?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #11

    Jul 25, 2012, 04:56 PM
    Quote Originally Posted by Kameronm01 View Post
    Plus I have Not been in LOUISIANA for 6 months. I can't go to court if I wanted to!
    How long have the children been in Louisiana? If you recently moved there from Florida, and you had the children before you husband refused to return them to you, it appears that Florida may be their home state (the last place they lived for six consecutive months). File for custody in Florida. That would be the only state with custody jurisdiction under the UCCJEA.

    That's the problem with state-specific attorneys. Some of us tend to see things with blinders on.
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