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  1. #11
    Join Date
    Oct 2006
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    16,197

    Default Re: How do I get my daughter back?

    Quote Quoting mariamolina
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    - - - Updated - - -


    Yes, when the court order was done I lived in another state, I still live in that same state. The order states that my daughter resides with me at the address that i live in currently and always have. sorry for missing it the rest of the question
    Ok, then the first thing that you need to do Monday morning, is go to the courthouse in Alabama where the divorce was granted and file for contempt of court against dad and an emergency motion to have the child returned to you.

  2. #12
    Join Date
    Dec 2015
    Posts
    7

    Default Re: How do I get my daughter back?

    Quote Quoting llworking
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    Ok, then the first thing that you need to do Monday morning, is go to the courthouse in Alabama where the divorce was granted and file for contempt of court against dad and an emergency motion to have the child returned to you.
    thank you for your help i appreciate it greatly

    - - - Updated - - -

    Since the police are close to him and his father in law, even if I get the lawyer, could their still be a possibility that the law enforcement won't enforce the "motion"? I mean, I gave them solid proof earlier, I gave them the child custody agreement and they still wouldn't assist me. Once the motion is in place, how long will he have to bring her to me?

  3. #13
    Join Date
    Feb 2014
    Location
    RTR/WDE
    Posts
    1,724

    Default Re: How do I get my daughter back?

    Quote Quoting mariamolina
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    thank you for your help i appreciate it greatly

    - - - Updated - - -

    Since the police are close to him and his father in law, even if I get the lawyer, could their still be a possibility that the law enforcement won't enforce the "motion"? I mean, I gave them solid proof earlier, I gave them the child custody agreement and they still wouldn't assist me. Once the motion is in place, how long will he have to bring her to me?
    The police won't get involved in a civil matter (which this is) unless they are ordered by the court to do so. As far as the rest of it, it depends on what the judge orders.
    Don't make me quote Monty Python at you.

  4. #14
    Join Date
    Dec 2015
    Posts
    7

    Default Re: How do I get my daughter back?

    since he's keeping me from my parental rights, does that seem like it would count as parental kidnapping?

  5. #15
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: How do I get my daughter back?

    Quote Quoting mariamolina
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    since he's keeping me from my parental rights, does that seem like it would count as parental kidnapping?
    No.

  6. #16
    Join Date
    Dec 2009
    Location
    Lake Chapala
    Posts
    3,019

    Default Re: How do I get my daughter back?

    Just do what llworking told you to do.

  7. #17
    Join Date
    Oct 2006
    Posts
    16,197

    Default Re: How do I get my daughter back?

    Quote Quoting Dogmatique
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    No.
    I agree, however it quite possibly could be custodial interference. Dad certainly seems to be blatantly disregarding the court orders.

  8. #18
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: How do I get my daughter back?

    a quick look for the definition of parental kidnapping suggests the interference involved could be considered parental abduction/kidnapping. I have not read any of Alabama's particular statutes on the matter but,
    regardless of whether it is or not, it will be up to the local prosecutor to file such charges. Given your statements of the relationship of the father with the local authorities, I wouldn't expect it to happen.

    of course, the specific terms of the custody and visitation order will play a part in any determination as well.

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