Can state B decide who state A's kids live with?

Question

Situation:(This is long)

Custodial dad spanks kid for stealing. Kid has stolen before and other milder methods of punishment failed.

Mom comes for visitation and kid complains to mom.

Mom accuses dad of child abuse & tries to get emergency custody.

Investigation is done- home study, child interviews, hospital examinations and determined false acusation.

Mom told she's not getting kids to return kids to father.

Mom "borrows" grandma's car and steals aunt's purse.

Mom kidnaps kids to another state, is gone for a year and a half keeping kids out of school for 5 months..

Not even moms family know where they are. They keep calling dad for information pertaining to moms whereabouts. Grandma wants her car back.

Mom gets caught trying to steal in state B.

Mom states she is on the run trying to protect her children from abusive dad.

Background check finds outstanding warrents for kidnapping & failure to pay child support, failure to appear at parole officer for drug charges.

State B sends mom back to state A to face charges.

State B retains children.

Dad responds to a petition for need of care in state B.

Now since kids have been gone more far fetched alligations surface.

State B believes kids and mom, does not investigate and does not let dad see or talk to his kids.

Dad had to travel to state B several times to attend hearings and each time sent home without kids.

Mom's relatives get visitation with kids and want to take kids home but state B says no.

State B kept kids for 6 months in foster care.

State B wants dad to pay them back for state care of his children.

Then state B releases kids to go live with maternal great grandparents back in state A aka foster care.

Mom gets unlimited "supervised" visits in great grand parents home with great grand parents as the supervisor.

Dad gets 1 hour supervised visits over the next 5 weeks in a DFS facility with a case worker present.

First visit child is complaining great grandma is mean to her but no one looks into it.

One day DFS changed the place and did not notify dad.

When he found out where kids were he traveled to get 8 whole minutes with his kids. DFS would not extend visit.

Another day was a holiday so he didn't get to see his kids at all.

Great grandparents claim child acts out after visitation sessions with dad.

State B appointed DFS worker claims dad is taking responsibility but not "remorseful" and claims the visits are making the kids "relive the abuse" and terminates visits even tho kids stated they would be willing to go back with dad if step mom wasn't there.

So now its not dad, its the step mom. Story changes.

9 months go by and dad is still not allowed any contact with kids.

Dad is getting a layer in state A but lawer want to see ALL paperwork pertaining to what happened in state B.

Dad had to make another trip to state B to get papers from lawer and still didn't get what he needed.

Mom, Dad, kids, stepmom, and great grandparents are all residents of state A.

State B refused to send entire case back to stae A.

My husband has done nothing wrong. A lot of false and far fetched accusations were thrown around. There were no investigations done, nothing was proven and my husband wasn't charged with anything. So how can state B take his kids and his rights away?

Answer 1

it might be wikipedia, but your answer might be here-

http://en.wikipedia.org/wiki/Uniform_Chi...

The UCCJEA is a interstate act, which determines WHAT STATE has authority in a custody dispute.  As near as I can tell (and I am not a lawyer), state B is completely meaningless, and NEVER HAD ANY authority for any rulings at all.  Dad had custody ...and mom took the children without consent, which in almost all states, is parental abduction. Unfortunately, accusations of "fleeing" from abuse is one way to grab jurisdiction in another state... unless the 2nd state has the brains to communicate with the court in the home state. EVEN if dad was abusing kids... the home state has jurisidiction, and that is supposed to be where any issues are determined.

My personal experience with this topic is parents moved from one state to another.  In the 2nd state, taking a child EVEN PRIOR to any divorce, is a felony. With his parents instigation, dad ran with the kids, but back to original state, where there has to be a court order violated before it is parental abduction. In fact, they willfully did so, knowing that within a week, the parents would have been considered residents in the 2nd state. By CONCEALING the facts about how the kids were taken from the new state... they were able to falsely open a case in the original state.

Obviously, you don't mention the state names... and DEPENDING on  the law in state A.. the children were PROBABLY in state B illegally, no matter how long they lived there.

http://www.missingkids.com/en_US/documen...

although this chart is from 2003, it may be of help. You will HAVE to google the explicit law for state A, and compare it to State B.

http://www.ncjrs.gov/html/ojjdp/2001_3_1...

I also learned a lot from this guide from the OJJDP. The unfortunate thing that I did learn and experience is that family abductions are a nightmare, and even judges and law enforcement seem confused about the issue. I spent 3 yrs researching as best I could on the topic.

Bottom line (and Dad needs a GOOD lawyer) is that I honestly don't understand how state B EVER had valid jurisdiction to start with.

edit

amazing, state B gripes that Dad is not "remorseful" when he was cleared of abuse allegations.  Maybe because there was nothing to be remorseful for??

please, feel free to email me through my profile.  I have other info to send you.

Answer 2

Mother needs to be charged with kidnapping, yopu have a lawyer willing to help but you need to get the paperwork. Failing that, state all that information in an affidavit and swear it to be true, go back to court, its the only thing to do.  

Answer 3

It depends on the jurisdictional  requirements in State B

Michael

http://www.mcordova.com