Sunday, December 14, 2008
Elijah is back!!
I just got word that Elijah is back in FL. His mother is on her way to pick him up now. Praise God!! Thank you to all for your prayers and support. God Bless
Friday, December 5, 2008
This is just too strange
From what I understand, married parents have equal custody. So if either takes off with the child, or children. Someone has to file for divorce and seek sole custody. If the parent who ran doesn't return, The one remaining would probably be given sole custody by the court, but then there's the search for the missing child, or children.
I've been told by law enforcement that with single never married parents, neither parent has legal custody. It makes no sense to me. If neither parent has custody of the child, who does? The state? Could a stranger file for custody? I am waiting for a reply from FL Govenor, Charlie Crist for the answers to these questions.
I guess its different in every state. The sad thing about all this is it's the children who get hurt the most.
I've been told by law enforcement that with single never married parents, neither parent has legal custody. It makes no sense to me. If neither parent has custody of the child, who does? The state? Could a stranger file for custody? I am waiting for a reply from FL Govenor, Charlie Crist for the answers to these questions.
I guess its different in every state. The sad thing about all this is it's the children who get hurt the most.
Wednesday, December 3, 2008
Child Abduction Nightmare
If you are a single, never married parent, or if you know someone who is please tell them about this.
The picture you see posted is my great nephew, Elijah. My niece and Elijah's father, Lee, never married, but have been living together. She just gave birth to their second child a month ago. Lyberty is a beautiful little girl.
Lee planned a one weeks vacation to Texas to visit his parents. He wanted to take Elijah along so he could meet his grandparents. They would be traveling with the Lee's aunt, leaving Friday Nov. 21st and returning Sunday, Nov. 30th.
Lee had to be back at work Monday morning. My niece agreed and hugged and kissed them both before they left. Lee called several times on the way to let my niece know how they were progressing and again when they arrived at his parent's home.
Sunday came and the aunt pulled in right on time. She lives just a few doors down. My niece rushes to greet them, excited and anxious to see them. But Lee and Elijah weren't with the aunt. The aunt refuses to speak to my niece. My niece is freaking out. She calls Texas and is told Lee isn't there. She calls a few times and there is always a reason why Lee isn't available. My niece calls the police and they tell her they can't do anything because Elijah is with his father. She is in shock! She has no idea what to do now.
As soon as I knew and she told me what the police had said, I went to work. I contacted the Vanished Child Alliance. They told me that even though Elijah was with his father, he wasn't where he was supposed to be so he was considered missing. Before they could help us there had to be a police report filed that Elijah was missing. I tell my niece to get the police back out and tell them she needs to file this report. Again the police say they can't do anything. Now I'm really angry so I called the FL Dept of Law Enforcement. They govern all law enforcement in the state. They told me that before law enforcement can act, there has to be a custody agreement. We have to hire an attorney and file an Ex Parte Order for Temporary Custody of Elijah. Once the order is filed they can go get Elijah because the father is in violation of the order.
My niece contacted legal aid and is wating for an attorney with them to contact her now. In the meantime I'm trying to find an attorney who will work pro bono because we do not have the funds to hire a private attorney. Legal Aid moves very slow because they have so many cases to handle and we have been told we have to move fast.
We always believed if you weren't married the mother has legal custody of the child unless the father challenges. Not true. If you know a single parent who has never been married to the childs other parent you need to make them aware of this. Get a legal custody agreement even if the parents are living together. My niece never expected this to happen. There were no problems between her and Lee. She didn't think he would leave his daughter. Don't let this happen to you or anyone you know!!
I am hoping one day in the near future medical providers, child support agents, etc will be letting single unmarried persons aware of this. Maybe we can get something put into effect so that a custody agreement is taken care of at the same time the birth certificate is done. Also, I believe if there is a custody agreement and a parent knows they will be a part of their childs life regardless of relationship status, we will see fewer abductions of this type. If and abduction occurs, law enforcement can act immediately. I'm sure law makers can come up with a plan to implement this.
Please help me get the word out. I am posting on numerous blog sites and writing to newspapers, magazines... anyone who will listen to me. Thank you for reading and please, please let people know!
The picture you see posted is my great nephew, Elijah. My niece and Elijah's father, Lee, never married, but have been living together. She just gave birth to their second child a month ago. Lyberty is a beautiful little girl.
Lee planned a one weeks vacation to Texas to visit his parents. He wanted to take Elijah along so he could meet his grandparents. They would be traveling with the Lee's aunt, leaving Friday Nov. 21st and returning Sunday, Nov. 30th.
Lee had to be back at work Monday morning. My niece agreed and hugged and kissed them both before they left. Lee called several times on the way to let my niece know how they were progressing and again when they arrived at his parent's home.
Sunday came and the aunt pulled in right on time. She lives just a few doors down. My niece rushes to greet them, excited and anxious to see them. But Lee and Elijah weren't with the aunt. The aunt refuses to speak to my niece. My niece is freaking out. She calls Texas and is told Lee isn't there. She calls a few times and there is always a reason why Lee isn't available. My niece calls the police and they tell her they can't do anything because Elijah is with his father. She is in shock! She has no idea what to do now.
As soon as I knew and she told me what the police had said, I went to work. I contacted the Vanished Child Alliance. They told me that even though Elijah was with his father, he wasn't where he was supposed to be so he was considered missing. Before they could help us there had to be a police report filed that Elijah was missing. I tell my niece to get the police back out and tell them she needs to file this report. Again the police say they can't do anything. Now I'm really angry so I called the FL Dept of Law Enforcement. They govern all law enforcement in the state. They told me that before law enforcement can act, there has to be a custody agreement. We have to hire an attorney and file an Ex Parte Order for Temporary Custody of Elijah. Once the order is filed they can go get Elijah because the father is in violation of the order.
My niece contacted legal aid and is wating for an attorney with them to contact her now. In the meantime I'm trying to find an attorney who will work pro bono because we do not have the funds to hire a private attorney. Legal Aid moves very slow because they have so many cases to handle and we have been told we have to move fast.
We always believed if you weren't married the mother has legal custody of the child unless the father challenges. Not true. If you know a single parent who has never been married to the childs other parent you need to make them aware of this. Get a legal custody agreement even if the parents are living together. My niece never expected this to happen. There were no problems between her and Lee. She didn't think he would leave his daughter. Don't let this happen to you or anyone you know!!
I am hoping one day in the near future medical providers, child support agents, etc will be letting single unmarried persons aware of this. Maybe we can get something put into effect so that a custody agreement is taken care of at the same time the birth certificate is done. Also, I believe if there is a custody agreement and a parent knows they will be a part of their childs life regardless of relationship status, we will see fewer abductions of this type. If and abduction occurs, law enforcement can act immediately. I'm sure law makers can come up with a plan to implement this.
Please help me get the word out. I am posting on numerous blog sites and writing to newspapers, magazines... anyone who will listen to me. Thank you for reading and please, please let people know!
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