Full question:
My son's ex-girlfriend, along with a person with an outstanding felony warrant took their 6 month old out of ND state to ID state. The US Marshall arrested the person with the warrant with the baby in the car, but let the mother keep the child. When she refused to come back to ND, my son proceeded with filing custody. After she was served ND custody papers in ID, the mother with the assistance of her father who has a lengthy criminal background has taken them from Idaho to Ohio, we think, without notification to the court, my son's attorney or my son. My attorney contacted the mother via cell, but she refuses to give her address out. She has recently posted disturbing messages on Facebook, indicating that she wishes my son would take their son because she needs a break. My son's attorney just seems to be taking too long. It has now been 4 months since my son has been able to make sure his son is safe and OK. We are concerned about the baby's safety and well-being and of the mother and grandfather's state of mind. If she refuses to give their location, what can we do to find her and the baby? Trial date in ND is set for May 5th, but we desperately need to find them and have someone check to make sure the baby is ok. Can we file kidnapping, can we file for temporary custody? What branches can we ask for help in locating the child?
- Category: Divorce
- Subcategory: Child Custody
- Date:
- State: Minnesota
Answer:
There are online people search sites like www.zabasearch.com or www.spokeo.com. You may also hire a private detective. Where a child's parents were never married, most states provide that the child's biological mother has sole physical custody unless the biological father takes steps to have himself considered for custody. Those steps include obtaining a court's finding of paternity and filing a petition for custody. The answer will depend in part on whether paternity has been established, such as by being named on the birth certificate. In most states, a paternity action takes the form of a civil lawsuit. Only certain persons or parties have legal standing to bring a paternity action, including the mother of the child; the mother of an expected child; a man alleging that he is the biological father of a child; a man alleging that he is the biological father of an expected child; the child; a personal representative of the child; the mother and father of a child (a voluntary action filed together); the mother and father of an expected child (a voluntary action filed together); a state social service agency, interceding in cases of child neglect or need; and a prosecutor's office, interceding in cases of child neglect or need. An action for paternity may be filed by the child. In many states, after a child reaches the "age of majority," he has another one to five years to seek the establishment of paternity.
A court will not automatically order paternity tests simply because a paternity action has been filed. It will review the petition to determine if there is sufficient information contained therein to warrant or justify the compelling of such a test. If the court orders a paternity test, the mother, child, and alleged father will all be tested at a court-designated facility. A court determination of paternity is final, and a copy of the court's order will be needed to establish the child's rights, both present and future.A man is presumed to be the father if he has been married to the mother for a certain time before the child is born. That presumption may be rebutted by clear and convincing standards of evidence, such as a DNA test. A man not a presumed father may bring an action for the purpose of declaring that he is the natural father of a child having a presumed father. If a biological father is determined to be a man not married to the mother, that man may be ordered to have visitation rights, as well as other obligations..
Please see the information at the following links:
http://travel.state.gov/family/abduction/abduction_580.html
http://travel.state.gov/family/about/about_605.html
http://travel.state.gov/family/abduction/Solutions/Solutions_3860.html
http://en.wikipedia.org/wiki/Parental_Kidnapping_Prevention_Act
http://www.ndaa.org/pdf/parental_kidnapping.pdf
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
