Custodial interference

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Re: Custodial interference

Unread postby TheReaper » Tue Jun 12, 2012 12:36 pm

Thanks all. I am a former police officer and knew that TCA regarding the Custodial Interference. I just wasn't sure at what point it became reportable. In 10 years, I never dealt with a crime of that sort. At a minimum, she would face 11 mos., 29 days for the Class A Misd. once she returns our daughter. If convicted, she will likely get diversion.

I have a lot of work to do. Thanks again.
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Re: Custodial interference

Unread postby hoosier_dad » Tue Jun 12, 2012 12:44 pm

The key question for the judge in your situation is whether you tacitly approved of her move out of state. You'd want to show evidence of your objections to her move and attempts to exercise your parenting time per your custody agreement. If you didn't object to the move and haven't made documented attempts to exercise your parenting time it could be construed as indirect approval of the move.
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Re: Custodial interference

Unread postby JumbleDone » Tue Jun 12, 2012 1:09 pm

massdaddio wrote:Continue to send the child support checks to her TN address to force her to come and pick them up. I would also file a police report on your ex, parental kidnapping. I'm not sure if it would stick, but could force her to return your daughter if she thought she'd be arrested.

Eh, on the first. Most likely she is already forwarding mail. By mailing to TN address, it will take just a couple of days more to get to her. But even mailing to NC address would be akin to falling on his sword, as that may imply implicit agreement with what has happened.

Does anyone know if there is a way to find a forwarding request in with the USPS? That, and I think the email you were sent, will pretty damming.

I like the fact you're a cop. Go ahead file a report to start the criminal procedures, and follow it up with civil filings, bring the whole of the judicial system crashing towards her, or at least give that impression.
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Re: Custodial interference

Unread postby kangaroocourt » Tue Jun 12, 2012 9:45 pm

Forgive me if this is too obvious, but it hasn't been mentioned, so-

Can you call people you used to work with to aid you in getting your XW arrested? That is the first thing that I would do if I were you.
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Re: Custodial interference

Unread postby TheReaper » Sat Jun 16, 2012 5:55 pm

I would never call anyone I used to work with for law enforcement assistance. That violates so many ethical / legal issues. I will however follow the proper protocol. I no longer work as a city officer and I live in the county. That is good as I do not have the "connections" in the county and nobody can imply that something improper was done. I will go strictly by the book.

Just an update, e-mail received today from ex stated that she was NOT returning with our daughter unless I sign HER parenting plan that allows her to move out of state with the child. She just dug her hole a little deeper. 8 )
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