Hello Lee. I was referred to this forum by Chill on the other area. I am sorry for posting a mini book. I have tried my very best to sum everything up in a very brief nutshell. I have left names out so that your forum will be legally protected and I do not wish to cause my son or daughter any embarassment if their names are typed into the net and the post comes up etc. I hope you all will understand this. I will be more than happy to PM you names etc. I have been working with Lighting the Way Home which is a non profit org for the missing in GA. We have LOADS of work we have done on this in a hidden thread for the same purposes on their forum.
My Son was abducted by his non custodial father on August 15, 1994 from Newnan, GA. At the time of his abduction, I was the legal custodian of my son under Georgia Law. I was not married to My Son's biological father.
Missing Children Statistics
"A child goes missing every 40 seconds in the U.S, over 2,100 per day. In excess of 800,000 children are reported missing each year. Another 500,000 go missing without ever being reported." Office of Juvenile Justice and Delinquency Prevention (OJJDP)
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http://missingchildprevention.wordpress.com/about/how-many-missing-children-are-there/"
There is a serious lack of education concerning family abduction which needs to be remedied for the sake of our children and the parents left behind. Law enforcement needs to be educated regarding how to handle what many still consider a "civil" matter when it is in fact a criminal matter. Even in this day and age, agencies still consider family abductions a domestic issue that should be worked out between parents and their lawyers. Most importantly, many believe that a child is not in grave danger if the abductor is a family member.
This is not true, and these assumptions continue to endanger our children's lives. Research shows that the most common motive in family abductions is not love of the child but rather an act of anger and revenge against the other parent.
Law enforcement is often the first place victim families turn after abduction or when they detect a threat. Law enforcement has responsibility to aid in the recovery of the child as well as recognize and discourage such behavior by family members considering abduction. By recognizing that family abduction is a serious crime, and responding as such, officers should be the first line of defense for children who are victims of family abduction.
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http://www.stopfamilyabductionsnow.org/law_enforcement.html"
Unfortunately, my Son has fallen into the category of the 500,000 that are not reported each year because of Newnan, GA PD's refusal to take My Son's missing persons report. My Son was taken by his biological father across state lines to his parents home in Dothan, AL. In spite of repeated requests to file a missing person's report, Newnan GA PD denied me my legal right to file that report by requesting a "custody order" be produced by me demonstrating my right to my son. In speaking with attorneys recently they have told me that my child support order was a custody order as well. Also, when parents are not married the legal custody remains with the Mother. At this time I would like to point you to the following statutes:
* The National Child Search Assistance Act of 1990 (42 U.S.C. ? 5780) requires that State and local law enforcement agencies take a report on a missing child and enter descriptive information on that child into the National Crime Information Center (NCIC) database without a waiting period, regardless of whether the abduction constitutes a criminal violation. The Federal Missing Children's Assistance Act of 1984 (42 U.S.C. ? 5772(1)(A) and (B)) provides that for purposes of NCIC entry, a "missing child" is defined as
any individual less than 18 years of age whose whereabouts are unknown to such individual's legal custodian if-
(A) the circumstances surrounding such individual's disappearance indicate that such individual may possibly have been removed by another from the control of such individual's legal custodian without such custodian's consent; or
(B) the circumstances of the case strongly indicate that such individual is likely to be abused or sexually exploited. . . .
This federal law was in effect when my son was abducted from me.
This has road-blocked me from obtaining the assistance of the FBI as well as any other law enforcement or Missing Person Organizations for 13 years. Lighting the Way Home put me in touch with Emily Sears of the Georgia Bureau of Investigation. Through Ms. Sears, I recently obtained documents from a county in AL Family Court indicating my son's temporary legal custodian is his paternal grandparents effective February 17, 1998, almost four years after my Son was abducted. There was no due diligence done to notify me of the petition to change custody as Alabama law states is required. In the paternal grandmother's own words she states that I was Coty's legal custodian at the time of the petition. I have since spoken the Magistrate office of the county where the papers were filed and the lady I spoke with admitted to me on the phone that it appears there was no due diligence to notify me and the intake officer failed miserably by accepting a petition that was so woefully lacking in adequate information. Therefore, my son's custody was taken from me 'ex parte', without the benefit of CAN Reports, police background checks or a simple phone call to me. I believe this was the father and grandparents form of a shell game....... grandparents file for temp custody without notification to me and then the father files for custody from the gp without notification to me.
In 2004, I successfully located my Son's biological father via the website Classmates.com. I wrote him an email, compelling him to return my son and do the right thing-I received no written response from him except that he immediately closed down his account with the website. Classmates was kind enough to provide me written proof that the email was delivered. I hired an attorney the same year in an attempt to retrieve my son-when my attorney petitioned the court for dependency. My son's father could not be found to be served. The request was denied by letter from the Chief Probational Officer for JUV. Court because this was "criminal matter best handled in another jurisdiction, that jurisdiction being Georgia." It bears repeating that Newnan GA again refused to file a report for me.
I recently found in the same AL court where in 2005 my son's father petitioned the court for custody. His petition to the courts was denied as he failed to cooperate and stated in his petition that I have made no attempts to make contact. I have been searching high and low for 13 years to no avail until recently.
I wrote and mailed a letter to the Attorney General of Georgia, Mr. Thurbert Baker, on January 2, 2008 which was received by his office at 12:55 PM on January 7, 2008. In my letter I have gone over what has occurred, included copies of the court orders for temporary custody where the grandparents perjured themselves, sent proof of the untruths in the Grandparents petition to the court and demanded that that Mr. Baker right the wrong from 13 years ago by filing the missing persons report as it is Mr. Baker's duty. In my letter to Mr. Baker I referenced to him all applicable statutes. Mr. Baker's office has not replied and I am not getting assistance from his office. I have called his office 2 times only to be treated rudely and be blown off.
The last 13 years have been a nightmare. I have not included in this post any of the searching I have done for 13 years nor all I have been through. The point is to move forward with the best solution to have a relationship with my Son for the future. Through prayer I feel that dragging my Son through court at his age of 16 now would be the wrong move. I feel dragging my Son through court would bring nothing but resentment from him and possibly ruin any chances of developing a relationship with him not to mention court could be dragged out for years and my Son very possibly will be 18 before the courts are finished and then he is an adult. I want to make stepping stones to build a relationship with my Son for the future. I don't think the father will play fair. I just think at my son's age it is the best route for me to take right now to build a relationship in the future where my Son may feel more secure with it being on the time he wants. I have to keep in mind he is a 16 year old young man and we all know how teens are. I also have to keep in mind all of the lies he has obviously been told etc. I know he will eventually come to me and have questions. I want to be able to show him all I've been doing all of these years and also that I tried everyway to do it peacefully for his sake with the age he is now. I think my Son eventually will greatly appreciate that and understand when his eyes are opened to the truth. I am wanting to make the stepping stones for the future for the best possiblity for getting a relationship started with my son. I would like to make the offer of peaceful mediation to the father, his wife and the grandparents. With opening the door for communication, my Son could open up in the very near future with wanting to start a relationship. I feel even with the route I have decided to take it will be a great deal of strategy just like chess. I have to stay calm and not make rash decisions with my next move. I am really thinking hard about making a little book for my Son full of warmth, love, pictures etc. and sending it to him when the time is right in the strategy. I will have to get over the contact with the father and his wife hurdle to at least a small bit of peaceful communication first before I send anything like that to my Son though. I think this may open my Son's heart and ears for listening. Did I mention that the GP have custody but, we have found out that my Son has always lived with his father. We believe the GP live in GA and that my son lives with his father and stepmother in AL. If at all possible I think for now, contact with the father and his wife would be best in email that way I have all the contact info in writing. I am prepared to move forward with the offer of mediation with the father, wife and grandparents. I also have a daughter. My son's father is her bio father as well. When the father abducted my son, he wanted to take both of the children for a visit. He was driving a 2 seater car and my daughter had a cold. I didn't let him take her for the visit as there was no place for another car seat and she was sick with a cold. If that was not the case she would have been abducted as well. I have prepared a letter for the father, his wife and the grandparents to offer mediation as a peaceful resolution etc. The father recently sent my daughter a message through one of her friends on You tube saying that he had not forgotten about her etc. I think because of this they may be open for mediation. It has taken a great deal of prayer and thought to get to the point I am currently at. We have found the father's wife's my space page. I will include in this post the basic letter I am working on to send to her my space. I will also be sending letters confirmed delivery to the father, wife and grandparents through the mail confirmed delivery to offer the peaceful resolution of mediation. Below you will find where I am just plain out sucking it up in hopes and prayers for a good outcome with my offer of mediation so that you all will know where my thoughts are right now the letter below is one I have written which will be going through the my Space I will be snail mailing through the USPS letters to the father, wife, gp along the same lines.......
I have been searching for **** for 13 years now. I am trying to reach out and sow the seeds of peace with the offer of a peaceful resolution. I am hoping contact with you will and can be an opportunity to open a door for communication with you both for **** and I to establish a relationship and I am open for (father's name) establishing a relationship with his daughter if he so desires. I would like to find a way for everyone to get along. To get beyond past hurts and possible misunderstandings as difficult as that may be. I think the peaceful resolution of mediation would be the best for everyone all the way around.
I love (son) very much. I always have and I always will. I would like to develop a relationship with (son) and my family would like to do this as well. Myself and my family have missed him and love him so very much. My intentions are not to take (son) away from everything he knows. (son) and I deserve to know one another. What has happened to (Son), (daughter) and I is unjust. Through prayer I have found forgiveness. There are two sides to every story and I am willing to listen. I would like for the adults to go to mediation and do our best to work things out. I will be looking for a professional mediator in Alabama to aid all of us with this. I think the mediator chosen should be one that we all can agree upon. If either of you have any ideas for a peaceful mediation or resolution to things I would be more than happy to listen. (daughter) has always known I would not block any contact from (father) that she wishes to have. I have spoken with (daughter) again recently about this to make sure she understands. I think the children need to know who both of us are and each other. I have included pictures of (daughter) in the scroll box as an olive branch as well as baby pictures of (Son). They are both such a blessing. For the best interests of everyone involved I am praying an agreement can be made for peaceful resolution. I'm looking forward to hearing from you via email or my space before the end of the month. If either of those are not workable a response and more convenient contact information is appreciated.
God Bless
I would love to hear your thoughts on things. I am looking for a mediator in the Birmingham, AL area to assist with this. Thank you again for your assistance. I look forward to hearing from you.
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