From: lindae@netcom.com
Subject: Legally Recovering Your Child (A Message from Child Quest Intern.)
Organization: Netcom - Online Communication Services  (408 241-9760 guest) 
Date: Tue, 13 Oct 1992 05:44:09 GMT
Expires: Thu, 12 Nov 1992 08:00:00 GMT


Posted by a volunteer of:   Child Quest International, Inc.
			    1190 Coleman Ave., Suite 1-D
			    San Jose, CA  95110
			    (408) 492-1122
			    SIGHTING CALLS 24-HR. Hotline (800) 248-8020


Information from the National Center for Missing and Exploited Children:

Once you have located your child, the next step is to get your child
back legally.  In almost every case you will need a custody decree.
If you have not already filed for temporary or permanent custody, do
so immediately.  A decree awarding you temporary custody can be 
enforced in the same way as a decree awarding you permanent custody.
Once you have a decree, make sure that you file it in the state
in which your child is located.

WARNING:  Do not do anything illegal.  This could hurt your chances of
          ^^^^^^^^^^^^^^^^^^^^^^^^^^
          recovering your child.  For instance, do not break into the
          noncustodial parent's house and snatch the child back.  
          Instead of going safely home with your child, you could find 
          yourself facing a number of criminal charges, including disturbing
         the peace, burglary, assault and battery, and so on.

VOLUNTARY RETURN:
Voluntary return of the child by the abductor cna be accomplished if the
two parents are willing to communicate and cooperate with each other.
Child Find of America, Inc., a nonprofit organization serving missing
children and their families, offers an arbitration program that can be
reached at 1-800-A-WAY-OUT.  If voluntary return does not work,
you must find another way to get your child back.

You do not need a custody decree to negotiate with the child's abductor, but
it will improve your bargaining position.  In addition, the decree will
provide the framework for custody and visitation rights once the child is
back with you.  You should not rely upon any oral or written agreement
with the abductor.  You must have a court order that sets forth the
agreement you reach.

SELF-HELP RECOVERY: IS IT ADVISABLE?
In some places, once you have filed your cusotdy decree, you may be
allowed to go and get your child as long as you commit no criminal acts
in the process (such as disturbing the peace or breaking and entering).
Check with a lawyer and the police or  a local prosecutor to see if 
self-help recovery is legal there.  If the answer is yes, it is still
a good idea to ask the police to accompany you when you pick up your child.

If there is any doubt about the legality of self-help recovery, you should
file a petition with the local court to enforce your out-of-state 
custody decree.  When the judge rules in your favor, he or she will issue an
order directing the abductor to return the child to you.  Ask the judge
to include in the court order an instruction directing the police to
"accompany and assist" you in recovering your child.

POLICE ASSISTANCE

In a few states the police are directed by law to return a child to the
lawful custodian when the abductor is arrested.  While most stae laws
do not require this, many police officers nevertheless will turn your
child over to you as long as they are not prohibited by law from doing
so.  This is true whether or not the abductor has been criminally charged.

The custodial parent usually has to furnish a copy of the custody
decree (certified, if possible) and proper identification.  It may be
necessary to file a custody order in that state.  It is also a good
idea to have the child's birth certificate and a photograph of 
the custodial parent with the child.  Normally, the custodial parent
must be actually present in the state in order to ask for police assistance
and to pick up the child.

.........

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