Yahoo Answers is shutting down on May 4th, 2021 (Eastern Time) and beginning April 20th, 2021 (Eastern Time) the Yahoo Answers website will be in read-only mode. There will be no changes to other Yahoo properties or services, or your Yahoo account. You can find more information about the Yahoo Answers shutdown and how to download your data on this help page.
Trending News
summer visit?
my husband 2 girls are visiting this summer, from another state, the mother got full custody, by lieing to the courts in ky, we were never notified of a hearing and did not even know where they were, she is a drug abuser, who moves around state to state a lot, we plan on getting the girls some counseling, but is there a legal way we can obtain custody in VA, without going through the courts in KY, we are worried we will loose them again, meaning not know where they are for long periods of time, we only have 6 weeks in order to act, what do you recommend
the mom was in Florida, we contacted social services, and kept on them, getting witnesses and everything, they were about to remove the children and we would have gotton them she refused the drug test well said she would and never showed up, she was living in car and then motel room with one bed and a druggy boyfriend, when they went to get kids she was gone, and that is what she does, i guess these agencies do not communicate, because she went from there to another part of florida, we started all over again, but they could not or would not get info from other part, and a new investigation, and again when it came time and they wanted to remove children she left again, she has grown up in a family who knows the ins and outs of social services, she seems to be one step ahead every time
i am asking this question on behalf of both of us, because we love these girls, an attorney gave us suggestions in the past, and we have followed them, mostly involving social services, we also spend a lot of time just tracking them down, i do have the whole story, i have lived it, we are not trying to break any laws which is why before the order we did not take the girls from florida, we were involved in the florida courts to get custody, and social services but then she fled, we had put the add in the paper and everything, but then she said she was a resident of ky, and wiggled out of it there
3 Answers
- Anonymous1 decade agoFavorite Answer
There is a law, the Uniform Child Custody Act, which says that the first court to obtain jurisdiction over the custody issue has exclusive jurisdiction. So you have to go to the courts in Kentucky, where you would move for a hearing de novo because of the lack of notice. If you do this while the girls are with you, you might even get a stay of having to return them and this could open the door to a proceeding in Virginia, but don't interfere with the court-ordered custody or you could lose them completely, even visitation could be lost.
You should also get the child protective service in Kentucky to look into the ex's fitness, because if she is an active drug addict, it puts the children's welfare at risk.
One approach might be to see if the children have been exposed to drugs. A hair sample will reveal their drug profile for the past six months or more and it might be a comfort to know that the children have not been exposed. If they have been exposed then you would have the evidence to show that the children are at risk.
- hexeliebeLv 61 decade ago
What do I recommend? I would recommend you not commit the crime of kidnapping or for you personally, keep out of it.
First, the court in kentucky retains jurisdiction so HE cannot file anything in virginia unless the kentucky court ceeds jurisdiction. In this case, it will not.
Secondly, you have no dog in this fight. You are a legal stranger to the child and have no legal standing.
If he can prove she lied to the court then he has had ample opportunity to file an appeal or motion to vacate.
So my recommendation to you is to ask him why he has not done what normal parents would have. You do not have the entire story.
EDITED AS A RESPONE TO ADDITIONAL INFORMATION:
I am an attorney. I have dealt with issues such as this on the national and international level. SO do not tell me WE again. There is no WE in this equation.
I gave you the same answer as I would had you been sitting in my office. Your butt would have been in my waiting room and I would have read your husband the riot act.
Until such time as you adopt the children, you have nothing to do with this issue. And if you feel like ignoring my advice feel free.
- 1 decade ago
Talk to a lawyer. No matter what any answers you get here, you will need your own lawyer in your state, before you make any other move.
