A couple weeks ago my estranged wife left the town w/o informing me and has been deneying me phone or visual contact dispite my efferts to speak with her or my kids. The lawyers I talk to are wanting mega bux to take this to court since I obviously have a totally uncoperative wife to get me in interm custody ruling.
I woke up a few minutes ago with a brilliant dream, though that might have been all it was. Here was what I dreamed based on many realities:
1. My wife did leave town (air is the only way in or out) without telling me along my chirldren
2. The is no recent domestic viloence between us two in over 4 years, nor any arguements that remotely got close to any form of phsicality..
3. I was housing her in my residence along with my two kids and her newborn.
4. She planned leaving leaving town without telling me, this is easily provable as it was my father who brought her to the airport with her asking not to let me know.
5. After establishing she is in a Salvation Army, she refuses to talk to me or leave me any messages.
6. Imediate family of her new boyfriend says every time she takes to kids over to eat... they eat like they are not fed well.
Anyway my idea was this:
I go over to the police department and issue a kidnapping report. If successful it will result in two very important things.
1. Div. of Family and Social services will take immediate custody of my kids as they will see the kids are without a parent since the mother would be in jail pending arrignment (felony) soon as the mother is arrested.
2. They will see that the father filed kidnapping so within a day or or they will treansport the kids to me for the better being of the children.
With those two things in my ball court, that makes a very solid case for a potential attourney to issue a temporary custody order in my favor. In which it'll be very very hard for my wife to get the ball back in her court.
I know, this will end up very ugly in court and cost us both a lot. She will undoubtably ask her possible future attourney for me to pay him/her because of her (my wifes) financial difficulties. Unfortunately for her I will ask the same and it is more in my favor as her any her b/f blew over 100K from both inheritance and cival court.
My question is this: Since she did leave w/o me knowing and with no legal documentation to back her up topped with refusal for me to talk with my kids and having no ongoing legal things to keep me from my kids, do I have the legal right (not moral, it severely lacks there) to press a kidnapping report?
BTW, I have many plans to get tempory custody of my kids until the court determines who gets custody, but this by far is the absolute I can think of.
---update---
I just came back from OCS (Office of Children Services) at the state building. They are backing me because unbeknown to me, she had a open case against her from them. For not properly taking care of the children (incompetence).
There is no longer a need to press kidnapping. They issued me a order to take the kids and is providing airfare for me and them
I leave Friday and return Saturday. If she fails to honor the order (ie not giving the kids over) or fights me. OCS authorizes the Anchorage police department to place her under arrest for some felony charge (I forgot the exact charge, but when I get the paperwork tommorrow I will know for certain).
So there really is no more need for my to try raising lots of funds to hire an attourney. While one will still be required, with the State backing me. She will need to fork over the big dough (which she does not have), while I get the much reduced rate. That and OCS will not be letting her retake custody without heavy proof against me in my home town court. If she succeeds (which she wont), OCS will take emergency custody of the kids pending a final divorce order on who gets custody and they will live with their closest family member from my house, that would be my mother and she agree's that if the worst should happen, she will care for the kids. In which case that'll be damaging for her as well since they deemed her incompetent (my wife).
In all I am very exited. Had I not gone to see the OCS, their pending case would have closed in 9 more days and let one of two things happen. 1. They would take custody of the children and place them in foster care (they did not consider me because she totally failed to mention to them I can take care of them). That would have been the most likely outcome. 2. The unlikely part, they would have continued letting her care for the kids in her custody.
Now all I have to do is find out what Salvation Army home they are staying in... there are many of them in Anchorage :disgust:
I woke up a few minutes ago with a brilliant dream, though that might have been all it was. Here was what I dreamed based on many realities:
1. My wife did leave town (air is the only way in or out) without telling me along my chirldren
2. The is no recent domestic viloence between us two in over 4 years, nor any arguements that remotely got close to any form of phsicality..
3. I was housing her in my residence along with my two kids and her newborn.
4. She planned leaving leaving town without telling me, this is easily provable as it was my father who brought her to the airport with her asking not to let me know.
5. After establishing she is in a Salvation Army, she refuses to talk to me or leave me any messages.
6. Imediate family of her new boyfriend says every time she takes to kids over to eat... they eat like they are not fed well.
Anyway my idea was this:
I go over to the police department and issue a kidnapping report. If successful it will result in two very important things.
1. Div. of Family and Social services will take immediate custody of my kids as they will see the kids are without a parent since the mother would be in jail pending arrignment (felony) soon as the mother is arrested.
2. They will see that the father filed kidnapping so within a day or or they will treansport the kids to me for the better being of the children.
With those two things in my ball court, that makes a very solid case for a potential attourney to issue a temporary custody order in my favor. In which it'll be very very hard for my wife to get the ball back in her court.
I know, this will end up very ugly in court and cost us both a lot. She will undoubtably ask her possible future attourney for me to pay him/her because of her (my wifes) financial difficulties. Unfortunately for her I will ask the same and it is more in my favor as her any her b/f blew over 100K from both inheritance and cival court.
My question is this: Since she did leave w/o me knowing and with no legal documentation to back her up topped with refusal for me to talk with my kids and having no ongoing legal things to keep me from my kids, do I have the legal right (not moral, it severely lacks there) to press a kidnapping report?
BTW, I have many plans to get tempory custody of my kids until the court determines who gets custody, but this by far is the absolute I can think of.
---update---
I just came back from OCS (Office of Children Services) at the state building. They are backing me because unbeknown to me, she had a open case against her from them. For not properly taking care of the children (incompetence).
There is no longer a need to press kidnapping. They issued me a order to take the kids and is providing airfare for me and them
I leave Friday and return Saturday. If she fails to honor the order (ie not giving the kids over) or fights me. OCS authorizes the Anchorage police department to place her under arrest for some felony charge (I forgot the exact charge, but when I get the paperwork tommorrow I will know for certain).
So there really is no more need for my to try raising lots of funds to hire an attourney. While one will still be required, with the State backing me. She will need to fork over the big dough (which she does not have), while I get the much reduced rate. That and OCS will not be letting her retake custody without heavy proof against me in my home town court. If she succeeds (which she wont), OCS will take emergency custody of the kids pending a final divorce order on who gets custody and they will live with their closest family member from my house, that would be my mother and she agree's that if the worst should happen, she will care for the kids. In which case that'll be damaging for her as well since they deemed her incompetent (my wife).
In all I am very exited. Had I not gone to see the OCS, their pending case would have closed in 9 more days and let one of two things happen. 1. They would take custody of the children and place them in foster care (they did not consider me because she totally failed to mention to them I can take care of them). That would have been the most likely outcome. 2. The unlikely part, they would have continued letting her care for the kids in her custody.
Now all I have to do is find out what Salvation Army home they are staying in... there are many of them in Anchorage :disgust:
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