Wife has kidnapped kids in the process of Divorce what are my options?

Divorce 10 views 3 answers
My hopefully soon to be ex has kidnapped my children and moved to another state. I am not sure of their exact location, just the state. She does not return any of my calls texts or emails in my efforts to get in contact with my kids. The divorce is already filed but she left, kidnapping the kids, before mediation. There is currently no court approved custody plan just a verbal agreement and the filing papers which state I have time sharing and a parenting plan should be established. Uniform Child Custody Jurisdiction and Enforcement Affidavit was filed around when the divorce papers were filed. Can I go ahead and just file an Emergency Motion for Pickup now? What all can I do, what are my options?

Attorney Answers

3
Michael Corbin ·
You should (a) file an emergency motion for custody of the children and (b) call the police and file criminal charges against your wife for removing the children from the state without your permission - it's both a federal and a state crime to do so, esp. with the intent of depriving you of your parental rights.
0 upvotes
Peggy Rowelinn ·
Do you have a court order giving you specific time-sharing with your children? If not, you will need to file an emergency motion for temporary time-sharing and send it to her at her last known address (there may be a forwarding address which you can get from the post office under the freedom of information act). You can probably get an ex parte order (an order without a hearing) if your motion is in the form of an affidavit. You should immediately notify both Colorado and Florida law enforcement. I would also notify the Center for Missing and Exploited Children since they also recover children who are wrongfully removed by a noncustodial parent. Remember, you can't get a pick-up order unless you have a custodial order. Good luck!
0 upvotes
Theodore Rechel ·
File an emergency motion for temporary "custody", for return of the minor child, and for sanctions for failure to abide by the relocation statute. See Florida Statute 61.13001.
0 upvotes

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