Grandson abduction

Vonnie - posted on 08/29/2011 ( 4 moms have responded )

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My grandson was abducted by his dad from Ca. to Co without the knowledge or permission of his mother. There are no custody orders between the parents. After she agreed that he could take her son to Co. for 6 weeks to spend the summer with his dad, before returning to Ca. where he has lived for most of his life. When she went to pick him up at the agreed upon location she found out he had taken there son and left the state. Does anyone know what might happen when they go to court? A judge denied an emergency request to have her son returned to Ca. She is waiting for a scheduled court date to see what happens. Any advise or experiences anyone can share will be helpful?

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Unfortunately, that's not considered abduction. If there's no court order in place, then the father has just as much right to the child as the mother. That's why I always advise people to make agreements through the courts, because even amicable splits can turn real nasty later and it's not a good idea to leave yourself open for something like this to happen.

What your daughter (I'm assuming?) needs to do is find a lawyer. The lawyer is the BEST person to help her out with this since s/he will know all avenues that can and should be taken.

As for what could happen in court, it's all up in the air. I honestly can't say what may happen because there's very limited info given here and I don't know the exact specifics of everything. I would assume that your daughter was able to have her ex served on time? If the papers don't get served then the court date could be pushed back. Also, they may be ordered to mediation (California is BIG on mediation) before any decision is made. But, once again, I'm not positive. These are things a lawyer could tell your daughter about way better than I can (and I've dealt with the California family court a lot). Some lawyers will do a free consultation, so call around to a few and go talk to them. That's the best advice I have for you. Lawyer. Now.

Elizabeth - posted on 08/29/2011

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Another thing and I hope I do not tread on your beliefs. I recommend asking for prayers from as many people as you can. I have seen the power of prayer in action recently. Call up every friend you have ask them to pray for your family, ask them to put you on the prayer list at church, to start a prayer chain.

If nothing else, you will see that people have compassion for others in need and in a time like this, your family needs the emotional support as well.

Elizabeth - posted on 08/29/2011

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First let me say that my heart goes out to your family as well as my prayers.

Does your daughter have a lawyer. I know they are very expensive, but sometimes you need that extra knowledge of the law. Is the court date to determine custody? Were they married or is she a single mom? I don't know about her state laws, but if she is a single mom and there is no custody order, she might have custody without an order. If that is the case, then you need a Colorado judge to issue something to get him back. In OK we had to get a judge to order a writ of assistence which basically gave the sherrifs office an order to help in any way get my son back.

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Vonnie - posted on 08/30/2011

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Thank you all for your comments. She does have a lawyer, and he is being very reasonable about fees. Elizabeth first of all you did not step on my beliefs. I am a Christian and have already notified every Christian I know. There are prayer chains in all sorts of churches, including my church and small groups. This is so hard, but without God I would have no hope.

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