Legal Question in Family Law in Alabama
Warrant for pick-up of child
Is there a statute of limitations for a pick-up warrant issued in a child custody proceeding for failure to return the child after visitation? I have a friend of mine who was charged for kidnapping but a grand jury didn't indict them due to lack of evidence, however he stated a pick-up order was issued for the child and he didn't know if it was still in affect or not if he returned to the state it was issued from. He was concerned if he returned to the state to visit the child still could be picked up under the pick-up order even though the charges for kidnapping were thrown out. Is that true and if so is there a statute of limitation before the warrant would no longer be valid due to lack of jurisdiction for the issuing Court or expirations for execution of the warrant. It was issued for an emergency temporary custody order that had long been resolved. All Parties are no longer a resident of the state that issued the orders. Also, the state that had the orders issued did not have jurisdiction, continuing exclusive jurisdiction, or was the home state but they filed for the order in the home state. The language of the UCCJEA does not specify a time frame so will he be able to return to the home state at some point?
1 Answer from Attorneys
Re: Warrant for pick-up of child
I would be happy to assist you. Please give me a call at my office to discuss this matter. 205-823-0894. Thank you.