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Father Accuses Mother of Abducting Children from New York, But Nothing is Clear to New York Authorities Until New York Can Wangle Custody Orders from Texas

By Janet Langjahr

New York State issues Amber Alert for two missing children based on Father’s allegation that Mother, a Texas woman, abducted them.

Mother is taken into custody in Virginia. Now she awaits extradition.

Problem is, the New York state prosecutor’s office has no proof other than Father’s word that Father has sole custody of the children.

Father produced an expired domestic violence restraining order, or order of protection, prohibiting contact between Mother and the children.

New York authorities have so far gotten no response from the Texas courts and the parties’ respective Texas attorneys regarding custody orders entered in Texas.

New York authorities may have to resort to serving the Texas courts with a court order to produce the documents.

All authorities know now is that a final judgment was entered in Texas.

For the moment, Mother is charged with custodial interference.

The charges could be expanded or gutted when the New York prosecutors receive the Texas custody orders. Father could potentially face charges as well, depending what the Texas orders provide.

Read more in this Utica [NY] Observer-Dispatch article: Local officials have one week to decide on extraditing suspect in abduction.

Full post as published by Florida Divorce - Child Custody - Domestic Abuse Law on September 06, 2009 (boomark / email).