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Thread: Horror Story

  1. #1
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    Horror Story

    I have a good friend. She has a cousin who became involved with a citizen of Turkey who is living and working in the States. They had a baby together and then eventually broke up.

    6 Months ago, my friend's cousin went through a bad illness and asked the baby's father to keep the child until she got straightened out. When she did, he would not let her see the child, instead, taking the child to Turkey and leaving him with the grandparents over there. The father of the child is now back in the US, working.

    This woman is grieving herself to death that she may not see her baby again. She has no idea who to turn to for help and is afraid of making the dad mad, thinking he will leave and then she will NEVER see the child again. I have Googled, but can't seem to come up with the right answer because all I get are answers to questions like "How can I get my Boyfriend to Stop Smoking?" and crazy off the wall answers like that.

    Who can this girl turn to? She has, in the last week, become very despondent and family is concerned about her welfare at this point. Does anyone have any ideas? She is living an absolute nightmare... Please if you can give us any direction for her, it would be such a blessing.

    Joyce
    You may have had a lot of unfair things happen, but when you look back over your life, remember something good that has happened for you. Replay the good memories. Joel Osteen

  2. #2
    She needs to hire a good family law attorney. Assuming the father is still within the US - preferably in the same state - he would be charged with custodial interference/kidnapping.

    If he is outside the jurisdiction of the state, it's very difficult because you have to get a US court to grant the custodial order and then get the foreign court to recognize the validity.

    There have been a number of very prominent cases like these and a lot depends on whether a US court has jurisdiction over the father because it's quite difficult - almost impossible - if both the child and the other parent are outside the US.

    The Goldman case is one of the more infamous examples of the difficulties of regaining custody.

    http://en.wikipedia.org/wiki/Goldman...abduction_case

  3. #3
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    Quote Originally Posted by amarante View Post
    She needs to hire a good family law attorney. Assuming the father is still within the US - preferably in the same state - he would be charged with custodial interference/kidnapping.

    If he is outside the jurisdiction of the state, it's very difficult because you have to get a US court to grant the custodial order and then get the foreign court to recognize the validity.

    There have been a number of very prominent cases like these and a lot depends on whether a US court has jurisdiction over the father because it's quite difficult - almost impossible - if both the child and the other parent are outside the US.

    The Goldman case is one of the more infamous examples of the difficulties of regaining custody.

    http://en.wikipedia.org/wiki/Goldman...abduction_case
    Yes! And maybe contact the US Embassy in Turkey, as the child's parent and advocate?

  4. #4
    Quote Originally Posted by RiverFarm View Post
    I suggested contacting the mother's congressman because that was extremely helpful in the Sean Goldman case, in Brazil. It would also be good to know whether Turkey has signed on to the UN agreement regarding children who are taken from their parents to another country. Brazil had signed on and it didn't help much, but the political pressure did.
    I don't disagree but the initial step would be having the paperwork in place indicating who has custody so lining up a good lawyer is the first step as all of these agencies are going to need paperwork from the legal system sorting out the rights.

    And if the court has jurisdiction over the father, then it's no different than any other case in which the non-custodial parent (or custodial parent) is violating the custody agreement.

    You can't expect to deal with this kind of issue without competent experienced legal counsel which - unfortunately - is expensive.

  5. #5
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    Quote Originally Posted by RiverFarm View Post
    It would also be good to know whether Turkey has signed on to the UN agreement regarding children who are taken from their parents to another country.
    http://en.wikipedia.org/wiki/Interna..._United_States

    scroll down to

    United States Abduction Statistics
    2010 Report

    Turkey is listed among Hague Convention partners.

    My heart is bleeding for the poor mother.
    We give dogs time we can spare, space we can spare and love we can spare. And in return, dogs give us their all. It's the best deal man has ever made.
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  6. #6
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    Disclaimer: you all know this does not constitute legal advice

    Her first step absolutely must be contacting an attorney who is experienced in matters dealing with child custody issues. She needs to do this MONDAY MORNING. I know when you said six months you were giving a general time frame, but six months is a critical time frame for determining jurisidiction under child custody laws. An experienced custody attorney will be able to guide her in the appropriate next steps depending on how long the child has been removed from the state in which the mother is living, and the circumstances under which the child was removed.
    Claire

    It doesn't matter what you think, just that you do.

  7. #7
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    Quote Originally Posted by RiverFarm View Post
    On the other hand, I am wondering how the father got the child out of the country; normally with minors both parents have to sign off on a passport unless one has documented sole custody. We went through that when we took our granddaughter to France.
    Agreed...my brother and his ex-wife always have to give their consent when one or the other takes their daughter out of the country on vacation. How could they let a baby out without the mother's signed authorization?

  8. #8
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    There is a lot of information at the Bring Sean Home Foundation website, which is here. This mom can't afford to be despondent. She needs to get to serious work now. Waiting is not going to help matters one iota.
    As the arc of history bends towards justice, it's a new, more progressive day. --Steve Benen, The Maddow Blog, 11-07-12

  9. #9
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    Quote Originally Posted by RiverFarm View Post
    I am wondering how the father got the child out of the country; normally with minors both parents have to sign off on a passport unless one has documented sole custody. We went through that when we took our granddaughter to France.
    Quote Originally Posted by Angelina View Post
    Agreed...my brother and his ex-wife always have to give their consent when one or the other takes their daughter out of the country on vacation. How could they let a baby out without the mother's signed authorization?
    Is it at all possible that the father used falsified documents???
    We give dogs time we can spare, space we can spare and love we can spare. And in return, dogs give us their all. It's the best deal man has ever made.
    -M. Acklam

  10. #10
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    I do not have the questions to your questions, but I will ask. I think it is possible that the father may have gotten her consent since everything was amicable at that point? Not sure. But that does give one cause to wonder.

    I have passed EVERY response to my friend. Just keep this young woman in your prayers. As this unfolds, I will keep you posted.
    J
    You may have had a lot of unfair things happen, but when you look back over your life, remember something good that has happened for you. Replay the good memories. Joel Osteen

  11. #11
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    Yes, things went downhill, but they shared custody of the child until her illness. He one week, she the other. When she was well enough, she asked for the child for a week, (I think this is what was talked about), he told her no. Shortly after, he took the child. So I guess he wouldn't have gotten her consent. My friend is asking to see the custody papers.
    You may have had a lot of unfair things happen, but when you look back over your life, remember something good that has happened for you. Replay the good memories. Joel Osteen

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