i have not been able to talk/ text my daughter in days , she texted me that she was being left alone to babysit her younger sibling which is a violation, when i confronted the father all contact stopped, he has sent cps to my home accusing that our child has been beatten n neglected all contact with my daughter has stopped my daughter tryed to tell me her dads girlfriend has been taking her to see drs there i asked for what and why her father yelled at her to get off the phone, she said mom i have to go i have not heard from my daughter since , i have contacted her old lawyer, and my own to get advice what i can do, i will be filing a violation order but what else can i do what are my rights? can he file a petition over in missouri to stop her from coming home on the court ordered date?
I have heard so much in recent times about the legal cartel stiffening standards for the LSAT and for bar passage. All of this is purportedly based on elevating academic standards for acceptance to law school and admission to some bar. However, when one looks deeper, there are no academics involved here. It's all who can rip off whom and for how much. Enter the 'custody bank shot.'
Everyone knows that a noncustodial parent cannot simply leave a jurisdiction with a child and not return the child. That's the LSAT/bar exam answer. However, we have law that can be mobilized to steal the kid taking advantage of judicial weakness. Human greed always has its place in custody court. Dad learned (the academic component of the law) that he can make an allegation of child abuse/neglect against you, and get a leg up on custody in the other state because all family law judges must respond to allegations of abuse of a child. Hysteria wins over procedure. That's not intellectual.
Dad also learned that taking a child to doctors help manufacture a record of abuse because judges need records of abuse. Whether those doctors are mental health professionals who can sway a court as to a child's trauma or physicians who inspect for bruises, dad is getting ahead in his quest for custody. Sabotaging phone calls and other contacts is always a component of a removal of a child and an emergency judge will not inquire of any perpetrator if her rights are being violated.
Contacting your old lawyer is a superb course of action. That lawyer will know what to do. If you ask me for my opinion, I believe you have a custody flip in the works and if you are not in court right now acting to preserve your order of custody, you will lose custody and you'll be part of an ever growing population of moms paying child support to dads.
One more time. Dad absconds with the child to Iowa. There, he takes the kid to doctors who are eager for income and will write reports favorable to an absconding dad. He may serve you papers from Iowa which you may miss, and he'll obtain an order of custody on default. If you attempt to take the kids from Iowa, you'll be arrested. Dad may then change to yet another state, Georgia, and generate a child abuse case against you aiming for a termination of parental rights. This is one emergency law being used in conjunction with another to bypass ordinary litigation.
While this scenario sounds far-fetched, there are cases across this great land that feature this exact fact pattern. I recently received a call from an Alabama mom who lost custody in absentia because dad served the garbage can rather than the mother. Then, mom took a trip to Georgia for a vacation and was warranted for her arrest for custodial interference where she sat in jail for a month. Then dad came to New York City to file an abuse case against the mother.
This triple whammy is gaining in popularity and your case exhibits those initial signs. Remember that most if not all family court judges don't want to be on the family court bench and are programmed by their supervisors to treat every child abuse case as an emergency. Dad is simply playing into that emergency role with allegations that are crafted to elicit the judge's desired response. The judge may not know about service of process and how an order can be vacated if service is improper. The judge simply jumps to protect the child. That's the 'custody bank shot,' and the end result is a layering of inept judges' orders so that dad's custody cannot be undone.
Please do not message me here on Avvo. The original question does not accompany your message so I have no idea what you are talking about. Simply respond as a comment under the question and I'll see the comment and know which question your comment applies to. Always remember I am not establishing an attorney/client relationship with you here and I am not giving you legal advice for your case. I am only providing an education in the workings of the law using your fact pattern as an example and in no way am I helping you prepare your case for court. Further, I do not know your case. If you retained a lawyer, do not use Avvo to second guess your lawyer. Your lawyer knows your facts.
It looks like you need to obtain counsel and act accordingly asap.
This information does not constitute Attorney-Client Privilege. Please speak with an attorney before representing yourself in Court, even if its just an in person consult.
You need to file petition for violation of court order.
Disclaimer: Answer is not legal advice. An attorney-client relationship does not exist unless and until the attorney and the client execute a written engagement letter or retainer agreement.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline