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I am the custodial parent of my 16 year old son who ran away…

I am the custodial...

I am the custodial parent of my 16 year old son who ran away from Ohio with the assistance of his mother to Virginia Dec/2017. She filed false charges of neglect and abuse in Feb/2018 in which the Arlington court found me not guilty of and has informed them he has to return to my custody but they are not complying

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And just to clarify, have charges been officially filed?

He lives in Cincinnati Ohio and she lives in Arlington Virginia, yes a protective order was filed was removed after she could not prove the abuse allegations is when the judge ordered him to be returned on March 1 and she still has not returned him. I also filed a runaway report when this first happened before I knew where he was but it was not registered on the National database. I need to know what steps to take next

Lawyer's Assistant: Has anything been filed or reported?

He was reported a runaway to the Cincinnati Ohio Police and a police report was filed for her interfering with custody which she has a summons to Appear in Court April 27

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No i think thats it

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Answered in 10 minutes by:
3/7/2018
Sean K
Sean K, Family Law Attorney
Category: Family Law
Satisfied Customers: 440
Experience: Family Law Attorney in Private Law Firm
Verified

Hi, I’m Sean and I will be assisting you as an expert today. I’m an attorney with more than 20 years of experience. It is my goal to provide a solid overview of your situation. Whether the analysis is good or bad as to your matter, I want to make sure you understand any points you need and that you have options to better address the questions you have. If I am able, I will also provide you with some resources. Please note: This is general information for educational purposes only and is not legal advice. There is no specific course of action is proposed and no attorney-client relationship or privilege formed within this conversation.

Allow me a moment to review your information and I will provide you with some guidance.

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In note you mention you are the custodial parent. I want to make sure that this means you have a Court order from Ohio giving you custody - Correct?

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Customer reply replied 1 month ago
I recieved custody in 2015
Customer reply replied 1 month ago
cant afford that right now, I just spent over $10000 going to two court dates in Arlington Va this month to defend the abuse charges against me. Now my son is 17 as of Feb 22I

Not a worry - the system generates those automatically - I will provide a detailed written overview for you

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If you have a custody order from Ohio and an order from a Court locally in Arlington, Virginia, then the legal foundation for a custody return is firm and established for you. The unfortunate reality is sometimes people, it sounds like the mother here, refuse to comply with and follow Court orders.

Three major options.

1 - press her to comply. I mention this as it is always an option, but it appears you are past this having an opportunity to work.

2 - seek an order from the Arlington court based on an application you would make showing that the mother has not complied and that the Court should punish her for doing so and enforce compliance. This would likely require a trip to Virginia and perhaps an attorney on you part. You could ask the Court to have her reimburse your costs and fees, but you would likely have to front those.

3 - seek involvement from the local law enforcement authorities in Virginia. You are in the rare position of having orders from two states calling for the return of your son. I would suggest contacting law enforcement in Arlington and setting this out. Have electronic copies of both the Ohio and Virginia orders ready to transmit to Arlington authorities. Even let them know about the court date in Ohio. Ask for their assistance in seeking enforcement and compliance of the orders. Also speak with them about a report of the mother's custodial interference. Law enforcement is unfortunately in the position of having to intervene in custodial disputes from time to time and you have Court orders that need to be followed.

Full disclosure - as your son is a minor, it may require that you be present in Virginia to return him to Ohio as the authorities would likely not be able to make her drive him back.

In cases like this the resolution should be as simple as parties following orders, but the reality is they often don't. This leaves either law enforcement or the Courts as resources for enforcement.

If you have any follow up questions it would be my pleasure to answer them. As experts we only get credit for the time and effort we spend on our answers if you rate us positively - 5 stars is definitely appreciated but not required! There is no cost associated with you rating me and you can still ask follow up questions after rating me and I will respond.

One final point, there may be a delay between your question and my answer; this is because I'm either not at my computer or helping someone else but rest assured, if you ask, I will provide an answer. Thank you again.

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Customer reply replied 1 month ago
ok thanks. a little more info. I don't know whether to wait until the court date. is GAL/ Gurdian ad liedem suggested I leave him there to finish school and I was in agreement until she because hostile in from my son, causing him to become defiant is when I decided to just bring him back. However it escalated to him running away from me, we had to call the police, but the Arlington Police could not force him to come with us. We understood he wandered around but went back to his moms the next day. I understand . We will contact the Juvenile court there to sent us those documents. And I did think as much that we would have to make a third trip there. Can we ask for her to reimburse me for the previous trips where she made the false accusations but she could not prove them.

I had thought about mentioning his staying through the school year, but I chose not to mention it as it seems the Mom is so toxic and if he stays I would worry about what she could do to him between now and then. I also questioned how productive his studies in such an environment could be.

I don't see any issue with starting the law enforcement process immediately. It would not change the fact that she has interfered with your rights.

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Customer reply replied 1 month ago
ok. I will get right on that immediately, That is exactly what I decided with the recommendation of the GAL, until his mom refused to communicate is when I decided that he should come while I was there and the GAL said the same thing, about him staying in an obvious toxic environment with her acting that way. Yes, he went from cool to crazy overnight , after his mom filling his head.
Customer reply replied 1 month ago
his studies are up and down, the fact is this will be his third interruption.

Best of luck and 5 star ratings are appreciated. You can also ask follow up questions after rating.

Sean K
Sean K, Family Law Attorney
Category: Family Law
Satisfied Customers: 440
Experience: Family Law Attorney in Private Law Firm
Verified
Sean K and 87 other Family Law Specialists are ready to help you
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Customer reply replied 1 month ago
thank you so very much Sean, I cant afford an attorney now becasue I am not working right now and me and my son had to move in with my mom and I have been there twice this month to the tune of 500.00 each trip. I am gathering all of my receipts.I had and I that really help me out. I have been doing most of what you said. I just need to get the docs form Arlington Juvenile court and file a report there. did you see my question asking if I can get reimbursed form the previous 2 trips I had to make for those false allegations.

You are welcome!

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Sean K
Sean K, Family Law Attorney
Category: Family Law
Satisfied Customers: 440
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