I know I said I wouldn't do this, but I am a desperate mother, left with no other options!
As many know, my 6-year-old Daughter Avery was kidnapped by her paternal grandmother over the summer. I have not been allowed any contact with my daughter since her birthday June 12, 2015. Because she is with a family member whom apparently lives with the child’s (Avery's) "father", location unknown by me, the police refuse to get involved stating this is a he said/she said civil matter. For 2 months I have not seen my daughter, talked to my daughter, I do not know where she is and the lazy Indiana law enforcement won't adhere to state law when it's thrown right there in front of their faces!
Avery's father and I were never married, we never went to court to have a paternity test done nor did I ever take him to court to file for child support. He never wanted her so I promised him that I wouldn't make him pay for a child that he did not want! His mother on the other hand had wanted to be and in fact lived with us until a few months ago when she moved out. I never thought the woman would do this.....I allowed her to take Avery on June 13th to celebrate her birthday together and she was going to stay with her while my oldest daughter and I went out of town for the week. When we returned home found that they had broken into our house while we were gone and stolen from us, I know my fault for not changing the locks, when I called to have her bring Avery home she told me that she would never bring Avery home and I will never see my daughter again!
I have spent 2 months arguing with every police and sheriff’s department in Indiana but they continue to state this is a civil matter when it is not and any attorney will gladly clarify.
The father and I were never married, he has never had a paternity test done and there's never been a court issued document giving him any parental or custodial rights.
There are many Indiana State Laws to prove this, however the main pertinent two are Indiana State Law Code IC 31-14-3-1 Sole Legal Custody in Biological Mother States that a biological mother of a child born out of wedlock has sole legal custody of the child unless a statute or court order provides otherwise.
And Indiana State Law Code IC 35-42-3-4 Kidnapping ad Confinement: Interference With Custody states it is a class C felony for any persons involved to deprive the custodial parent custody of child under 18. It is a class B misdemeanor if the concealment or detention is in violation of a court order.
Federal Law 42 U.S.C 5772 defines a "missing child" as "any individual less than 18 years of age whose whereabouts are unknown to such individual's legal custodian."
Still the police call this a civil matter and will not go and bring my daughter home!
I am a single parent living right above the poverty level, as are most. I have lost my job due to taking time off work trying to get pro bono lawyers to take my case, trying to get the police to do their jobs trying to figure out what I need to do. I even have a missing child report filed with National Center for Missing and Exploited Children (NCMEC) and still Indiana law enforcement will not do their jobs!
I am desperate and am asking anyone that can; please donate even a dollar so that I may hire an attorney so that I can get the courts involved and force the police to do their jobs! Hopefully get the grandmother and father put into jail for kidnapping and detainment of my daughter and a restraining order against them so that this may never happen again! And so that my daughter will finally be brought home to me safe and sound.
For more information please click here or visit www.fundedjustice.com
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