Legal Question in Family Law in Arkansas
Child Abduction Across State Lines
On behalf of a library patron who does not have e-mail, I am writing this question: What can she do if her children have been abducted? At the present time, she has one child that is living in Arkansas with an Aunt and Grandmother (paternal). They took her from the mother's residence in California five years ago. The father died and now the child live with an Aunt and Paternal grandmother in Arkansas. Apparently, while in Arkansas, the Aunt filed legal action to be named the child's guardian, did not notify the mother in California, and was awarded guardianship. The mother said she was contacted by the Aunt's attorney to say she has lost her rights to her daughter. She can't figure out why because she didn't know what was going on. Now she lives in Washington State and needs to know what steps to take to get her daughter back. Thanks you very much for your time and attention to this matter.
1 Answer from Attorneys
Arkansas child custody problem
You say children, yet mention only one child. The answer is the same, but are there more kids? If so, where? And how old is the one child?
I assume the father was in on the taking 5 years ago. Why did mom not fight it then? Was she on drugs or did she have some other problem limiting her fitness as a parent?
What contact has she had with the child in the last 5 years? When did dad die? In short, why has mom let so much time pass without her child?
Did aunt know mom's address in CA when the guardianship was filed?
The controlling law for interstate custody is the UCCJA (Interstate Child Custody Jurisdiction Act). The WA version is Chapter 26.27 RCW http://leginfo.leg.wa.gov/pub/rcw/title_26/chapter_027/. All states have adopted essentially the same language in their statutes. The AR eqivalent is Ark. Code Ann. � 9-13-201 and following. One case that deals with the matter generally is at http://170.94.21.194/supremecourt/opinions/1997a/970507/ca96-972.txt. While not on point, it will give some idea of how AR view the matter.
The keys are that AR is the "home state" and thus AR has jurisdiction for custody purposes. I would expect that guardianship is a custody proceeding. See the WA definitions at RCW 26.27.020. http://leginfo.leg.wa.gov/pub/rcw/title_26/chapter_027/rcw_26_27_020. The real quest in my mind is whewther the guardianship is valid since mom was not given notice. If aunt's attorney knew of mom's whereabouts or didn't make diligent attempts to find her, he may be subject to Bar discipline. Jim Neal, Executive Director, COMMITTEE ON PROFESSIONAL CONDUCT, 376-0313 (But then, considering the rampant corruption in AR, and the shenanigans of at least 2 of their better-known lawyers, a Bar complaint probably would be meaningless.)
She should contact an AR attorney. (I will probably be expensive.) The Arkansas Bar Association may be able to direct her. http://www.arkbar.com/
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