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Tina, Lawyer
Category: Family Law
Satisfied Customers: 33167
Experience:  JD, 17 years legal experience including family law
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My sister is paranoid schizophrenia, went off her medication

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My sister is paranoid schizophrenia, went off her medication and has disappeared with her kids. What can my brother-in-law do to try and get the kids back and make sure they are safe. He has already tried going to the police, but they are handling it as a marital spat and are not looking for her or the kids.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your family's difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

Do you have any idea where your sister might have gone? Are the kids school age?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 4 years ago.

No idea really. I know at one point she was thinking of taking the kids to Alabama where some of our family is, but am not sure how she would make it there.


Kids are 11 months and 4 years.

Customer: replied 4 years ago.

She has been missing for 48 hour now. Husband went to police after 24 hours.

Hello again, Justin, and thank you for this additional information.

Your brother-in-law should typically file an ex parte application for immediate custody of the children. He must file an affidavit with this application setting out facts describing why the children are in immediate danger in order to justify the court's entering such an order without notice to the other parent normally.

Here is a link which provides information on how to file such a petition, along with the forms that need to be filed:

Once he obtains an order of custody, then the police can aid him in enforcing it and issue a bulletin to other departments in an attempt to locate your sister.

It is strongly recommended that your brother-in-law retain a local family law attorney to obtain this emergency order for him as such orders are disfavored by the courts and not easily granted since it impinges on a parents' constitutional rights.

The state and local bar associations can provide him with attorney referrals if he needs one.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!


Tina and 2 other Family Law Specialists are ready to help you

Thank you very much for your positive rating of my service. It has been my pleasure to assist you and I hope you will ask for me should a future legal need arise.

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