Legal Question in Family Law in Missouri

My 5-year-old daughter was taken out of her home state (PA) in the middle of the night by her father while he was here for a visitation. He flew her to his state (WA). She has lived here with me for 7 months. He didn't let me speak with her or hear her voice for 3 days. During that time, the authorities in both states were notified that she had been abducted. The National Center for Missing and Exploited Children was also notified, and they initiated an active case on her. Only after I pleaded with the Seattle police to try to verify her safety, did I get to speak with her. The following morning we did some more online research. We were stunned to find court documents in the state of MO. He somehow convinced the a court there that I had been served!! He intentionally provided them with a false address for me. He gave them the address of the motel he had been staying in. He has had knowledge of our ACTUAL physical address the entire time we have lived here; it was printed on an official court paper that I'd had him served earlier this year...in Seattle. I have now lost custody of my little girl by default in MO. This default ruling occurred last week. He chose to file in MO because that is where the child and I had lived for the first year and a half after I left him. I met with a PA attorney last night. He said the man should be prosecuted and jailed, and advised me to hire a MO attorney to get the order quashed, and then go to a PA court to file my own papers since this is the state of jurisdiction. I'm in disbelief that he was able to even convince someone that I was served!! How can this happen???? By the way, I have left a request for a MO attorney to call me, and am currently waiting to retain someone in his firm---or from a different one, of course, if they don't have time to fit me in immediately.

But again, HOW can this happen???? What if it had happened to someone who couldn't afford an attorney?? It is horrifying, and my daughter is desperate to come home. Her biggest fear was being "stolen" by this man.


Asked on 1/20/11, 7:00 am

1 Answer from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

If you have not already hired an attorney here in Missouri, I would be happy to help you. As you may know, a return must have been filed in the Court file with an affidavit signed by either a sheriff's deputy or a special process server. We will need to file a Motion to Quash that return together with an Affidavit from you and a Motion to Set Aside the Judgment. I have done this several times over the thirty-three years I have been practicing law. There is a good chance that our Motions will be granted, but you should be forewarned that there is no guarantee. I will be in my office on Monday, and I will be happy to speak with you. If I am not able to take your call directly, I promise that I will call you back just as soon as I am able to do so.

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Answered on 1/29/11, 1:41 pm


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