Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Fido969

If she illegally took the baby across state lines, could the FBI be brought into case? Could a federal judge over-rule the local judge?


13 posted on 12/09/2005 8:24:05 AM PST by savedbygrace (SECURE THE BORDERS FIRST (I'M YELLING ON PURPOSE))
[ Post Reply | Private Reply | To 1 | View Replies ]


To: savedbygrace

It's complicated - in most cases the UCCJA is the rule which is a carbon-copy law adopted by all 50 states which recognizes which state has jurisdiction, and requires judges to defer to that state. In this case the jurisdiction is Maine, and Kentucy is required to give "full faith and credit" to the Maine custody determination.

Once custody has been determined, however, and that has been done here, the custodial parent has all primarly rights - thus, anyone else taking the child without the custodial parents permission is kidnapping that child.

When this is done by a non-custodial parent, this is called a "parental kidnapping". The FBI does enforce those cases.

Looking closely at this case, the mother is in custody, and will be returned to Maine, I see. The child, though, is in the hands of the state. The accusation of domestic violence, even if frivolous, has started a chain of events that can quickly spiral out of control. Dad is "guilty until *proven* innocent" now.


18 posted on 12/09/2005 8:54:45 AM PST by Fido969 ("And ye shall know the truth, and the truth shall make you free" (John 8:32).)
[ Post Reply | Private Reply | To 13 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson