parent refuses to give new address

Been a while but I'm back again!  My son is domiciled parent for his son.  Visitation has been every other weekend for Mom and extended visits on holidays.  Back in November Mom posted to a social network that she and her new husband have moved to Texas to start a new life.   When son asked her for her new address she denied moving and her social network account disappeared. He made of copies of it before asking her though.  Son filed something with the court asking that visitation be suspended until address is disclosed. He did request that she may visit him at his home.  She has never visited him or requested to come and visit him.  She calls occasionally.   He figured that if she is hiding her move there must be a motive behind it.  Someone said there is a law in Texas that says you can actually kidnap a child and flee to Texas if you feel like the child is in any kind of danger.  She has pulled some things in the past, he didn't just come up with this.  They have sent child services to his home more than once.   Also last year the judge ordered counseling for everyone and she refused to go.  Child misses his Mom and son does not wish to keep him from her but is afraid that if she flees to Texas he may not ever see his son again.  Is there such a law in Texas?  Court date is coming up soon.  He has not retained an attorney this time.  Any idea what the judge may do?

bayouqueen

Louisiana, and I believe Texas) have incorporated the Uniform Child Jurisdiction and Enforcement Act which was enacted to avoid this situation.

Before this was adopted, you would have jurisdiction shopping and what is now called kidnapping under the act. Take a look here for a starting point:

http://www.ncjrs.gov/pdffiles1/ojjdp/189181.pdf

lex

Thanks, that is very helpful, so it would be fairly safe to allow him to go to Texas once they give their address.  Texas should honor his court order should there be a need(which we are sure there will be) correct?

bayouqueen

[My life has been crazier than a work of fiction.....who'da believed?]

The Uniform Child Jurisdiction and Enforcement Act has a provision in it in which anyone who receives a child legitimately (i.e., you let them have the child, it is visitation time, etc) can ask the court of their own state to intervene immediately and change custody on an emergency basis WITHOUT A HEARING OR YOUR PRESENCE. This can only be done if there is "evidence" of abuse.

However, "evidence" is subjective. Things that one judge considers evidence, another may not. So you and your attorney may be sitting in Lousiana saying "but that's not evidence" and the Texas judge can issue the ex parte (i.e., without you) order anyway.

As far as Texas honoring the order, the answer is yes and no.....if the mom gets an ex parte order, the matter is no longer in the LA court's hands. Instead, it gets set for hearing in Texas and the child stays with mom until the hearing. At the hearing, you WILL be allowed to attend and give evidence (and I'm not saying that mom IS going to file, I'm telling you what would happen if she did). Then the judge decides whether there is some evidence of abuse -- and typically if that happened the Texas court would make a ruling -- or whether there is not. If there is not, the child is ordered returned to the custodial parent, jurisdiction stays with Lousiana, and mom gets a real stern knuckle-whacking, or worse.

Your son needs to have his order validated in the Texas courts before visitation starts. Every court calls this process something a little different but each court that is a member of the Uniform Child Jurisdiction and Enforcement Act has this process in place. The idea is that the LA order goes to the Texas court and they rubber stamp it, without a hearing. Look for something called 'registering a foreign order' or call the clerk of the court in her county in texas (once you find out where it is) and ask how to register a louisiana custody order. Then DO THAT BEFORE you send the child. If the Louisiana order has been legitimized in this way, Texas law enforcement is more likely to enforce it without additional orders from the court.

If this order is NOT registered with the Texas court, it will not be enforced. Further, if LA issues an order for her return, it would still have to go before the texas court in order to have the police there enforce it. So register the LA order with the TX court as soon as you figure out which court! 

The texas cops still might not enforce it without an additional TX order but at that point it would be a quick process; save yourself trouble and do it as soon as you find out where!

3kidsmom

Good advice. You might short-circuit any problems by telling the ex there will be no out of state visitation until the order is registered. That would bring things to a head and the issue of whether anyone is moving to Texas or not might be clarified. If Mom claims she is not moving, then get it in writing. That way you can show fraudulent intent if she shows up in a Texas court claiming abuse and she seeks a temporary order.

lex

Thank you so much, your information is very helpful.  My son is going to court this a.m., but she has never been found to be served.  He has offered her to come to our home to see her son until we get the address but she is very spiteful and has not come by.  She calls about every two weeks and speaks with her son.  She did give the child an address but no zip code. Said they had no zip code where they live??? We really want him to be able to visit his Mom, we just figure that if she won't admit to moving to Texas or give a legit address she must be up to something

bayouqueen

While you are thinking "Texas" - there are 48 other states out there (besides Louisiana) and a lot of other countries. 

Neither Texas nor Louisiana have passed the even more draconian "Uniform Child Abduction Prevention Act" in full.  Texas has an earlier version; and the Louisiana version is limited to international abductions.  If she fled to one of the 8 states that have passed this act ...   

But then that is not really related to her being 'coy' with her address.

After all, she can pick up and run on any visitation.  It doesn't matter if you have an address or not.

So why is she being 'coy'?

Well, for starters, her moving out of state may be grounds for your son changing his custody arrangement !  So she may be afraid that she will lose out on her parenting time if she lets your son know the new address.

It is probably not that hard to find her.  It would probably take an hours work on the internet for a good computer PI. 

If he is concerned about a parental abduction, je can 'lo-jack' his son.

http://www.guardianangeltech.com/

http://www.kajeetkidscell.com/?imm_cid=08-04&imm_mid=82&imm_kwd=cellular+phone+child&offer=60&main=tips

http://www.safekids.com/2009/06/02/glympse-can-locate-kids-via-cell-phone-gps/

http://today.msnbc.msn.com/id/3741901/

Nicholas James

[My life has been crazier than a work of fiction.....who'da believed?]

I'm not sure if that was a hint or not, nick.......but if bayouqueen wants to PM me with the mom's name, the supposed address, and mom's dob, I'll see what I can do.

3kidsmom

Thanks again, we have tried giving the child a cell phone but she immediately takes it from him and turns it off.  Says he is too young for it. then she keeps the darn phone! lol.  She didn't show up in court on Friday.  Parish Sheriffs office says they made several attempts to serve her at address here in Louisiana but have been unsuccessful.... wonder why

bayouqueen

Many years ago (about 12) my ex wouldn't give me an address.  I had a sheriff there and ready to serve papers when we exchanged for visitations.  He was not very happy but he got his papers.  If you are afraid that she may take your child and run, I would do it when the child is being returned to you.  We were in a public parking lot and he thought the sheriff dep. was just making his rounds. After the child exchange was made and the ex was pulling out to leave the sheriff put his light on to pull him over.  It was just grand 

Nana

Well she hasn't been by to see him, and I suspect that she figures she would get served if she came by the house.  I wouldn't do that, I just want her to come by and visit her son, he misses her, hasn't see her in four months.  None of her family came by to see him and one lives a couple of miles down the road from us.  We don't have any ill feelings towards these people and would not stop them from dropping by to see him, in fact I would love for them to come and see him to let him know they haven't forgotten him.  He is the only one getting hurt by this and it is not what we wanted, but again we are afraid that she will run.....

bayouqueen

Well, look up the rules on service... There is more than one way to serve a person.  You might have to employ one of the alternative methods.

And if 3kidsmom is volunteering to look, give her a try.  She has helped me find stuff in the past.

Nicholas James

Will do, and yes I am working with 3kids Mom.  Interesting stuff coming up.  Thanks again!

bayouqueen

Well just confirmed with my grandson's other grandmother that her daughter in living in Texas.  Says that she has a permanent residence in Louisiana and one in Texas.  So why did she have to deny it.... I was trying to convince my son to let him go with them, but now I have my doubts....they were hiding the move for a reason....  Now grandma #2 wants to take him to her house for weekend, but how do we know she won't just let him go with Mom.  Can they have some kind of agreement drawn up with grandma?  anyone ever heard of that, like promising he won't leave Louisiana?  Sorry to ramble on, I was excited to confirm our suspicions.   

bayouqueen

[My life has been crazier than a work of fiction.....who'da believed?]

don't let him go without their texas addy -- and i think nick knows how to get them to have to post a bond for visitiation if they arer a flight risk. Nick?

3kidsmom