This Father’s Custody Case Led to Criminal Charges Against Him

His child custody battle, where mom was working to end the parental rights of the father, did she set him up? He was arrested for kidnapping and sexual assault – but there was no physical evidence.
Did this accused father leave no physical evidence ? Or is it possible that it was a set up?

Read “Could this be happening? A man’s nightmare made real.”

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CHILD CUSTODY – THE STRATEGIES WOMEN USE

I wrote this article on Child Custody and the ways in which a lie is used to gain an advantage in Family Court. Whether you are represented by a family law attorney or you are representing yourself, you will likely have to fight a pack of lies. This is an unfortunate fact when people are going through child custody battles that involve minor disputes, or fierce battles over parental alienation.

This quote is from the article to give you an idea of what the article is about:

When you walk in to Family Court as a man – whether it’s for a divorce to challenge visitation rights so you can be a better Dad to your kid, or even to find out just how much money you have to pay your cheating ex-wife, you will not be treated equally.

On the surface you will respectfully be called “Mr.” by the judge. The clerk of the court will very politely swear you and your ex in and the proceedings will begin. Unfortunately, this is about the time that most men are done for. You’ve sworn to tell the truth. You’re a man and have been told all your life to tell the truth, play by the rules and if you’re the better man for the job, you’ll get it.

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CHILD ABDUCTIONS – TIME FRAMES FOR RETURN

Child abductions – where one parent has wrongfully, meaning in violation of a court order, taken a child from or prevented the return to, the other parent can happen between states.  Child custody lawyers who work on abduction cases are familiar with the state laws, and the procedures for return of the child.

The time frame for working on these cases is short, and a parent must act swiftly in order to protect their rights. The longer an abducted child remains in a foreign state, the more roots they put down, the harder it becomes to get a court to order a return.

As soon as the abducting parent’s location is known, a case should be filed or a motion brought before the court. This is not a time to wait and see. The abducting parent is not going to suddenly have a change of heart and do the right thing without a court order.

International child custody lawyers will tell you that under the Hague Convention on the Civil Aspects of Child Custody, there is a presumption after 12 months that a child has become settled and that removal to their Home State is now NOT in their best interests.

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MY EX ABDUCTED MY SON AND DAUGHTER, WHAT DO I DO?

It is common in Interstate Child Custody cases, for one parent to take a child, or withhold the return of a child, from the other parent. It is then that the child custody lawyers must get involved and work with the District Attorneys office to get a court order sending the child back.

This is a FAQ from the Los Angeles District Attorneys Office on Child Abductions:

  • WHAT IS AN ABDUCTION?

Someone who takes, entices away, keeps, withholds, or conceals a child from a lawful custodian or a person with a right to visitation and who did so with the mental state required under the criminal law has broken that law. The law may still be broken in situations where a mother and father have a child together but no custody order exists regarding that child. (California Penal Code sections 278 and 278.5)

  • CAN A FAMILY MEMBER ABDUCT HIS/HER OWN CHILD?
    Yes! In fact, the majority of abductions are committed by a mother, father, grandparent, or other relative. If you think that a family member who takes his/her child is not breaking the law, you are wrong. CHILD ABDUCTION, EVEN BY A FAMILY MEMBER, IS A FELONY punishable by up to three years in prison and a $10,000 fine.
  • ARE THERE ANY EXCEPTIONS?
    Yes. A child may be kept away from the other parent or person with visitation or custody rights if that person is harmful to the child, and if certain legal requirements are met. If you think that taking or keeping a child in violation of the terms of a custody or visitation order would be justified for the safety of you or the child, you should call the Los Angeles County District Attorney’s Office at (213) 974-7424.  If you do not have a legally allowable reason for taking or keeping the child, you could face charges of child abduction. (Penal Code section 278.7)
  • WHAT TO DO IF YOUR CHILD IS ABDUCTED:

1. File a Police Report: Interference in your right to have access to your child is a crime and a police report should be taken. THIS IS TRUE WHETHER OR NOT YOU HAVE A CUSTODY ORDER. The report should be made with the police department which serves the location where you live.  Make sure that the police also take a missing person’s report on your child, and that they enter the information into NCIC, the national crime information computer system.

2. Obtain a Custody Order if You Do Not Already Have One: Although a custody order is not required to report an abduction to the police as a crime, having a custody order, or at least filing for custody in Family Court, can lead to other resources to assist you in locating and recovering your child.

3. Contact the Los Angeles County District Attorney’s Office Child Abduction Section at (213) 974-7424. We can provide advice on your situation, as well as potentially directly assist you in locating and recovering your child.

4. Contact Other Agencies for Assistance: Numerous private agencies assist parents in locating their missing children. The largest such agency is The National Center for Missing and Exploited Children at (800) 843-5678.

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WHAT IS HOME STATE JURISDICTION UNDER THE UNIFORM CHILD CUSTODY JURISDICTION AND ENFORCEMENT ACT.

When reviewing  a case under the Uniform Child Custody Jurisdiction and Enforcement Act, the first question is what forum is the “HOME STATE” of the child. This is determined by where the child has been residing for the six months prior to the filing of the action, whether it is a divorce, or paternity action.  It also has such jurisdiction if the child no longer lives there, but the state WAS the home state of the child within six months before the proceeding commenced, AND a parent or person continues to live in the state. A temporary absence from the forum state does not change the application of the “home state” as found in the UCCJEA. In situations in which a parent has improperly removed a child from the home state, the home state may retain jurisdiction.

If the child is under six months of age, it is then decided by where the child has lived since birth.

This question is vital to the success or failure of a challenge to jurisdiction, because it is Subject Matter Jurisdiction and Subject Matter Jurisdiction cannot be waived, or conferred by agreement.

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UNIFORM CHILD CUSTODY JURISDICTION – EMERGENCY JURISDICTION

If another state has made a determination about child custody, California courts do not have jurisdiction over the case. However, if the child is in the state of California AND there is a risk to the child’s health and well-being. In that case, under California Family Code Section 3424, a lawyer or party may move the court to make Emergency Jurisdiction orders to protect the child.

Family Code 3424 reads in part:

3424. (a) A court of this state has temporary emergency
jurisdiction if the child is present in this state and the child has
been abandoned or it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is
subjected to, or threatened with, mistreatment or abuse.

We have successfully used this section to seek court orders that were in the best interests of the child, even though there was a foreign state child custody and visitation order in effect.

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