Parental Kidnapping and How to Respond
My wife asked me to drive her to Idaho for a 1 week vacation 3 weeks ago. I left her with the car and flew home because of work. Now three weeks later she refuses to come home. She has stopped taking my calls and according to her mother has gone into hiding. I am very concerned about my two small sons. The environment is not ideal out there. They were staying with her mother and her mothers boyfriend. Both of them are alcoholics and do not work. Since they (the mom) and her boyfriend have no jobs they were all living at an uncles house, and she has been bleeding my bank account purchasing such things as alcohol and beauty products. I feel my sons are not in the best situation and think since she is no longer at the uncles house and is “in hiding” that this is parental kidnapping. I want to get emergency custody and get this matter handled through the courts the right way. My wife is originally from Idaho and since she wants to move back and I don’t she has chosen this path.
You will need to file an action for divorce, legal separation, or allocation of parental responsibilities in the state of Colorado and file an emergency motion asking the Court to order that your Wife return the children to the state of Colorado. Once you obtain an Order, you will have to have her served in Idaho. Seems like your biggest problem may be locating her. She cannot be served unless you know where to find her.