Children Taken by Wife to Las Vegas

[pepsimoon]

My question involves a child custody case from the State of: Washington

Hello,I am new to this forum and dont really know where to post this but here goes anyway.

I left the state of Kentucky in Dec. of 2008 and moved with friends in Washington State. Ive since filed a divorce from my wife,so I have jurisdiction. We talked quite a bit thru email and Second Life (A game)
She was still in Kentucky waiting on this guy she met on SL to come there.
I had the divorce papers drawn up and was ready to have them sent to her
when out of the blue she tells me that her and the two boys are moving to Las Vegas to be with this man. I was okay with that,however she and him both refuse to give me an address to send her the divorce papers,child support,gifts for the kids,etc...I did a background phone check on my old vonage account and got the number in Vegas,did a reverse phone lookup and found the address. I called the Las Vegas Police dept to do a welfare check on the two boys. They called back and said that they were ok. I called the number and my son answered.My wife took the phone away from my son and asked how I got the number. I told her. I heard this Guy shes with screaming in the background for her to hang up. I have the address now but no apt number.Vegas Police refuse to divulge that information. And they refuse to divulge this mans real name. Is it a kidnapping charge if she hides like that and refuses to let me see the children or even give me a valid address?
has she broken the law by taking our children across the US and hiding them from me? Thanks ,,,,Pepsimoon

[525601minutes]

Is your wife also the mother of these children?

[pepsimoon]

Yes , she is the biological mother of the two boys ,I of course am the biological father.

Thanks for your response...pepsi

[525601minutes]

I thought so but I wanted to be sure.
Because you had not filed for divorce yet and there were no custody orders in place or even pending - your wife had every right to take the kids out of state.
She is not kidnapping them or breaking any laws.
Once one of you files for divorce there is no doubt that the Court will order her to disclose their apartment number and allow you telephone access to the kids.
You can also go to the address now and hang out until you see what apartment your kids are in and then take the kids with you to your home. It works both ways.

[divemedic]

Here is an excellent article to get you started. Parental child snatching is a real problem. Even though many parents kidnap a child as a result of an unfavorable custody decree, over 70% of parental kidnappings occur before custody has been litigated.

Some states have laws preventing this, I know Missouri is one of them. I am not sure about Washington. You can also contact the Center for missing and Expoited Children. They may be able to give you advice.

Missouri's law:

565.153. 1. In the absence of a court order determining rights of custody or visitation to a child, a person having a right of custody of the child commits the crime of parental kidnapping if he removes, takes, detains, conceals, or entices away that child within or without the state, without good cause, and with the intent to deprive the custody right of another person or a public agency also having a custody right to that child.

2. Parental kidnapping is a class D felony, unless committed by detaining or concealing the whereabouts of the child for:

(1) Not less than sixty days but not longer than one hundred nineteen days, in which case, the crime is a class C felony;

(2) Not less than one hundred twenty days, in which case, the crime is a class B felony.

3. A subsequently obtained court order for custody or visitation shall not affect the application of this section.

[pepsimoon]

I appreciate all the info...She sent me a text message today with the apt number so "We could get this done and overwith" However I think this Man shes living with is very controlling.Mainly because in her text she said "pls dont tell (name omitted) that I sent the Apt number."
I got in touch with a friend of mine that has lived in Las Vegas and knows the area that she and the kids are in.She says its a really bad area for drugs,drinking, and domestic type crimes, that I should try to get the kids out of there at all costs.Basically its a slum. 525601Minutes I have filed for a divorce in Washington state however without that address I had no way of having her served with the papers...Can I still get my kids outta there legally without facing charges? Also the man that she lives with carries a weapon and is employed at the MGM grand in Las Vegas as a security person..Id hate to get shot.

Anyway thanks to all that posted ..Im getting the ball rolling now.

Thanks , pepsimoon