My son’s father had him for court-ordered summer visitation. A few days before he was supposed to return him, he told me he would ‘let the courts decide.’ He filed an emergency order in Florida, which was denied on July 26, and my son was supposed to be returned on July 27. The judge scheduled a hearing for August 13.
I filed for a Habeas Corpus in Texas, and it was granted on August 9, but my ex didn’t return my son. The father participated in the hearing via phone, claiming he wasn’t notified within 24 hours. I attended the Florida hearing on August 13, but the judge still hasn’t made a ruling about returning my son.
I also obtained a writ of attachment in Texas on August 29. My Florida attorney filed an emergency ex parte motion to domesticate the writ there, but local law enforcement won’t enforce it, and the Florida judge won’t schedule a hearing or rule to order my son’s return.
I feel like I’ve done everything I can, but I’m stuck in limbo, and it’s driving me crazy… Does anyone have any advice or been through something similar? What else can I do?
Why’d his dad have to go all the way to get a court order just to see his son for the summer? Have you been making it hard to split custody? You didn’t say anything about your ex or why you’ve been keeping your son from him… but I’m guessing if a judge sided with him, the guy’s probably not some criminal or on a pedophile list, right?
And how do you even know your kid really wants to come home? He’s 12—he might just be saying that so he doesn’t hurt your feelings or make you more upset.
File an ex parte emergency motion and have that lawyer draft a motion to prevent child abduction. The next hearing will probably be about a week later, and the judge will likely revoke his custody.
Once custody is removed, head to where your ex is, contact the local PD, and request a civil standby at the location of your kid so you can take custody.
You are doing everything right. I have a significant amount of experience in this situation. I found that the police are rarely helpful. What’s going on with that? Florida judge is ridiculous.
Keep listening to your lawyers in each state, they know what’s best. I know it probably feels like torture right now, but take comfort in the fact that you know where your child is, and he’ll be back with you soon. Ask your lawyers if there’s anything that can push the Florida judge to act faster. They might suggest filing a mandamus after a certain number of days…this would force an official to take action, but it only works if the official has no other choice, so your lawyer can tell you if that’s an option.
Aside from legal routes, try reaching out to your local state representative, your US Representative, and your Senator. Their staff might be able to help you through constituent services. Explain that, as an active duty service member who was transferred to another state, you’re stuck between jurisdictions…now in GA, with a custody order from TX, and your child in FL…so no police agency is stepping in. They may be able to offer some support.
What State issued the original custody order? Because that’s the only State allowed to handle the case absent both parents agreeing to a change in venue.
The case shouldn’t be happening in two jurisdictions at all! It needs to stay in the court where it was originally filed, and the other one should be dismissed due to lack of jurisdiction.
I would suggest posting this in a different legal forum. You’re gonna get a lot of skewed advice from peoples personal experiences that aren’t always helpful. I’m sorry you’re going through this…