Legal Question in Family Law in Virginia
non-custodial parent won't bring kids back
My husband has full custody of his two children, in VA. They visited their mother in FL (she hadn't visited them in almost 2 yrs) and they were not returned. All court orders were done in MD, where they all previously lived. Neither VA or MD will accept jurisdiction (after my husband hired a lawyer in MD as advised by the VA and MD sheriff and MD Case Worker) and the kids are going to fail the school year. FL Sheriff won't intervene, because they are not in physical danger. No one seems to care about them being out of school for two weeks, except their schools who have said they'll be expelled next week. Mother and stepfather have criminal records and my husband is afraid of what will happen to him if he tries to get them and they won't agree to put them on a flight that we pay for. What can we do? Why won't either state intervene and make her return the children or at least protect my husband so that he can get them back himself?
2 Answers from Attorneys
Re: non-custodial parent won't bring kids back
If your husband has sole legal custody and the mother has no right of visitation, then this would be kidnapping. If she has a right to visitation, but has simply over-extended her time, I would file an emergency motion in a court of appropriate jurisdiction. Hire an attorney to do this. The proper jurisdiction is likely the county in which the children resided for the majority of time during the last six months.
Re: non-custodial parent won't bring kids back
Under these circumstances, your husband should probably arrange to drive to Florida and with the help of a Florida PI(if needed), clandestinely arrange to return the child to his legal custody and drive them back to Virginia.(He should have with him at all times during this exercise the papers which show that he has full custody of these children and therefore may take them wherever he pleases----including from the grasp of their child-snatching mother.)
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
