References to Legal Custody

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Marina
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References to Legal Custody

Postby Marina » Thu Apr 19, 2007 5:32 pm

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http://www.childwelfare.gov/pubs/f_kinshi/f_kinshia.cfm

Legal custody refers to the legal right to make decisions about the children, such as where they live. Parents have legal custody of their children unless they voluntarily give custody to someone else (e.g., the parent is sent overseas) or a court takes this right away and gives it to someone else. For instance, a court may give legal custody to a relative or to a child welfare agency. Whoever has legal custody can enroll the children in school, give permission for medical care, and give other legal consents.

The same person does not necessarily have both physical and legal custody. For instance, as a grandparent, you may have physical custody of your grandchildren because they live with you, but their mother may still have legal custody or the State agency may have legal custody.

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Marina
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Postby Marina » Thu Apr 19, 2007 5:35 pm

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New York

http://www.nls.org/family/kinship.htm

LEGAL CUSTODY will give you the legal right to make more decisions (about school and medical issues, for example) regarding a child living with you. Legal custody is awarded by a judge, and you must petition for custody in Family Court. If the child’s parents agree that you should have custody, a simple petition form may be all that is required. If the child’s parents do not agree that you should have custody, they may challenge your petition. You would then have to show that there are extraordinary circumstances that make it necessary for the court to remove custody from the parents. These could include neglect, abuse, unfitness, or other circumstances. If you are awarded custody, the judge may set up a visitation plan for the parents. Or, you may be awarded joint custody. It is important to remember that custody can be changed by the Family Court if it is successfully challenged at a later date. If custody is not challenged, it is effective until the child’s 18th birthday.

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Postby Marina » Thu Apr 19, 2007 5:41 pm

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Nevada

http://www.dcfs.state.nv.us/Parents%20G ... -01-05.pdf

page 4

CPS may offer voluntarily services (NRS 432B.360) or the Agency may seek court involvement. If the family willingly cooperates with CPS in participating in the services, oftentimes the matter can be handled informally. CPS and the family will develop a voluntary Case Plan and Service Agreement (case plan), which identifies services for the family.

If the risk to the child requires CPS placement of the child (NRS 432B.390):

CPS may petition the court for legal custody and to seek court involvement. CPS may still offer services; however, the family's participation in those services is then court-ordered.
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Marina
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Postby Marina » Thu Apr 19, 2007 5:45 pm

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Colorado

http://naccchildlaw.org/childrenlaw/faq.html

If the court finds that my child is dependent, neglected, or abused, what can it do?
If a judge finds a child to be dependent or neglected, he/she may order a treatment plan for the parents. The court has a number of options in placing the child during the period of treatment. One or both of the parents may take legal custody with supervision by child protective services (CRS 19-3-508). If the child is in danger at home, the court can place him/her in foster care with relatives or an agency placement (CRS 19-3-508). A visitation schedule may be drawn up for the parents whose child is placed out of the home.

Once the treatment plan has been completed, the judge must evaluate its success. If further treatment is needed, the judge can order a continuation for six months (CRS 19-3-508). Successful completion of the treatment plan, and the assurance of the judge that the child will remain safe, ends intervention from child protective services. When it is apparent that no treatment will be successful, the judge may need to take a more drastic step.
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Marina
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Postby Marina » Thu Apr 19, 2007 5:53 pm

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Wisconsin

http://www.uwex.edu/ces/flp/grandparent/legal.pdf

page 2

2. What does it mean to have legal custody of a child?

Legal custody gives the grandparent or other relative caregiver the right and responsibility to make
major decisions concerning the child, except for specific decisions stated by the court or the parties in
the final court order. Major decisions may include giving the child permission to marry, to enter military
service, or to get a driver’s license. Grandparents or other relative caregivers also can authorize nonemergency
health care and make choices about school and religion.

3. What is the difference between legal custody and physical placement?

Legal custody is the court-ordered right and responsibility to make major decisions about the child,
except for those stated in the court order. Physical placement allows a child to be placed with a
grandparent or other caregiver, who then has the right during the placement to make routine daily
decisions for the child. Someone else, however, would have the legal right to make major decisions for
the child (e.g., medical, counseling, or educational decisions).

page 4

4. Why is legal custody important?

Sometimes it is necessary for a grandparent or other relative (i.e., a third party) to care for the child
when the parent is either unwilling or unable to take on his or her responsibility. Reasons for giving
custody to a grandparent or other relative may be because the parent abandoned or neglected the child,
needs to be gone for a long period of time, or similar situations that would greatly affect the welfare of
the child. The grandparent or other relative, if given court-ordered custody, would have the legal right to
make decisions and act in the child’s best interest.

page 4

7. What is informal placement?

Informal placement often takes place between a caregiver and the child’s parents. Caregivers have no
rights in this situation. They have physical placement, which gives them the responsibility for the child’s
day-to-day care, but the parents keep legal custody, which means they can take the child from a
caregiver’s home at any time.

8. Can an order for legal custody be changed?
Yes, the court can change the custody order but each statute has different requirements. You should
consult with an attorney to determine what the standard is for your particular situation.
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Marina
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Postby Marina » Thu Apr 19, 2007 6:23 pm

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Allison Quets parental kidnapping case

http://www.newsobserver.com/102/story/534375.html

Lawyers say Quets has few options
Allison Quets is accused of kidnapping her biological twins and fleeing to Canada. Lawyers from similar cases say her defense won't be easy

Andrea Weigl and Sarah Ovaska, Staff Writers

RALEIGH - When Allison Quets has to defend herself on federal charges of international parental kidnapping, her lawyers will face a difficult task, say prosecutors and a defense lawyer who have handled similar cases.
Quets, 49, of Orlando, Fla., appeared in a federal courtroom Friday afternoon in Raleigh and heard a judge explain the charge against her. Quets is accused of kidnapping the twins she gave up for adoption and taking them to Canada last month.

Wearing a khaki-colored jumpsuit and white T-shirt, Quets shuffled across the courtroom with her legs shackled and her hands cuffed before the restraints were removed for the hearing. She took off her wire-rimmed eyeglasses and leaned forward to listen to U.S. Magistrate William A. Webb conduct the first hearing.

She said little in the brief hearing, other than to tell Webb she had hired two Wilmington lawyers to represent her. She also asked the judge to explain what will happen next Friday in a probable cause and detention hearing. Prosecutors will submit evidence showing why they think Quets kidnapped the twins from the adoptive parents, Kevin and Denise Needham of Apex.

Assistant U.S. Attorney John Bowler also indicated that prosecutors will ask that Quets remain in jail until trial. Meanwhile, she is being held in Wake County jail.

Outside the courthouse after the hearing, her lawyers, Dennis H. Sullivan Jr. and Bruce A. Mason, said Quets was not a flight risk despite her journey last month with the twins. The lawyers cited Quets' voluntary return to the United States.

"She's done nothing but fight for the well-being of her children," Sullivan said.

Quets' legal defense will not be easy because authorities say the Needhams did not give her permission take the twins to Canada.

"There aren't a lot of defenses if the custodial parent did not consult in the taking," said Boston lawyer Peter Horstmann, who defended a father who took his son to Russia for four months.

However, Horstmann added, "The good news is the maximum sentence is three years."

It is unclear how much time Quets could face in prison if she is convicted. She could be charged with two counts, one for each child, and face as long as six years.

A difficult pregnancy

At 47, Quets got pregnant through in-vitro fertilization. Her friends say she struggled with severe nausea and vomiting, and gained only 10 pounds. Her friends say the illness left her wondering whether she would survive, let alone be able to care for twin infants. A former boyfriend and close friend suggested to Quets that she let his relatives, the Needhams, adopt the twins. Five weeks after their birth, Quets agreed. A short time later, Quets changed her mind and has sought legal custody ever since.

In June, a Florida judge granted custody to the Needhams and granted visitation rights to Quets while the case was on appeal.

The Needhams, through their lawyers, dispute the account of the adoption being described by Quets' friends.

Under the court order, Quets could see the twins once a month from 6 p.m. Friday until 6 p.m. Sunday. She rented an apartment in Durham for such occasions.

Authorities say Quets picked up the twins Dec. 22 and was supposed to return them two days later. Instead, authorities say, Quets fled to Ontario with the twins. She was arrested a week later.

Federal law lists three possible defenses to international parental kidnapping, although Quets may be able to raise others. They include that

the defendant didn't violate a custody or visitation order,

that the defendant was fleeing domestic violence,

or that the defendant was unable to return the child as a result of unforeseen circumstances.

For the latter defense, the defendant had to notify or try to notify the other parent within 24 hours about the delay and return the child as soon as possible.

Scott Golde, a former federal prosecutor in St. Louis, said these cases come down to proving that the defendant took the child and violated someone's parental rights. Golde prosecuted a father for taking the youngest of his three children to the West Bank without his wife's permission.

"It's almost like prosecuting a divorce case," Golde said.

Cris Stevens, an assistant U.S. attorney in St. Louis, agreed, especially when the defendant raises a domestic violence defense. Stevens prosecuted a father who took his 1-year-old daughter to the Philippines, New Zealand and Australia for three years.

Sullivan declined to comment about what defense he may present on Quets' behalf.
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Postby Marina » Thu Apr 19, 2007 6:33 pm

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Earlier Allison Quets article

http://www.nbc17.com/midatlantic/ncn/ne ... -0008.html

Federal Officials Issue Warrant For Mother Of Missing 17-Month-Old Twins
Officials Say Mother Fled To Canada Dec. 23

Thursday, Dec 28, 2006 - 07:35 PM

DURHAM, N.C. -- Federal authorities looking for 17-month-old twins have issued a warrant for the children's biological mother, who they say fled to Canada with the children on Dec. 23.

Police said twins Tyler Lee Needham (Quets) and Holly Ann Needham (Quets) were last seen Dec. 22.

The twins are adopted, but their biological mother has monthly visitation rights.

The adoptive parents told police that Allison Lee Quets, 49, of 1718 Trailview Lane, Durham, had picked up the twins on Dec. 22 for a visit. She was to have them back to their home in Apex by 6 p.m. on Dec. 24.

FBI agents searching for the 17-month-old twins have issued a warrant for International Parental Kidnapping against Allison Quets of Durham, who may have taken the children during an ongoing custody fight.

The Agents are working with law enforcement officials in Canada and around the country.

In fact, they said she may even have legal custody while a court case against the adoptive parents she chose for her children is being decided.

It is a legal limbo that worries people like Anne Liddicote, a family specialist.

"This is something that concerns a lot of adoptive parents, more and more openness," said Liddicote of Home Study Services of North Carolina. "It gives birth mothers control over something they don't have control of."

Liddicote says 85 percent of woman considering giving up their children for adoption change their minds right after birth and keep their babies. A woman changing her mind after signing the paperwork, she says, is highly unusual.

"It is uncommon, which is a good thing, but when it happens it makes news," Liddicote said.

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Marina
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Postby Marina » Thu Apr 19, 2007 6:37 pm

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Allison Quets case

http://www.cbsnews.com/stories/2006/03/ ... 8699.shtml

Friday, Dec. 29, 2006

TYLER LEE AND HOLLY ANN NEEDHAM

Seventeen-month-old twins Tyler Lee and Holly Ann Needham haven't been seen since their biological mother, Allison Quets, picked them up from their adoptive parents in North Carolina on Friday, authorities say.

Quets, of Durham, N.C., has monthly visitation rights, and was supposed to drop them back off on Sunday evening, but never showed.

The adoptive parents, Denise and Kevin Needham, called police Sunday and officially reported the twins missing Monday.

The FBI says it's determined that Quets crossed into Canadia on Dec. 23 with the twins. They're thought to still be there.

Quets' sister, Gail Quets, says her sister has been fighting to reverse the adoption almost from the time she signed the paperwork more than a year ago. Gail claims the Needhams don't have legal custody of the twins.

Gail told CBS affiliate WRAL-TV her sister "was desperate for help, and a friend of hers introduced her to family members who told her that they wanted to help, and they basically pressured her into giving up custody of her children in return for that help. And she was just so worried that she would not be able to properly take care of her children, but she realized after giving up custody, she realized less than 12 hours later that it was a horrible decision, and she begged to have her children returned to her, and these folks refused."

Early Show co-anchor Tracy Smith spoke Friday with Don Clark, the former head of the FBI's Houston office. he said this ytpe of case "isn't unusual at all," and some 300,000 kids are taken each year by parents or some family member.

Clark said the twins could be in danger, even tho Gail Quets says her sister would never harm them.
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Marina
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Postby Marina » Thu Apr 19, 2007 6:46 pm

Allison Quets case

http://www.canada.com/ottawacitizen/new ... 39&k=94859

Twins' mother denied release in sensational kidnapping case
Supporters fear for her health
Andrew Thomson, The Ottawa Citizen; With files from the Raleigh News & Observer
Published: Saturday, January 27, 2007
Allison Quets, the Florida woman arrested when she was in Ottawa last month with her biological twins, will remain in jail while she awaits trial on international parental kidnapping charges -- disappointing supporters who are worried about her health.

U.S. Magistrate Judge James E. Gates made the ruling yesterday after a four-hour hearing in Raleigh, North Carolina. Ms. Quets wiped away tears as she heard the decision denying her release.

The 49-year-old computer engineer was found by Ottawa police Dec. 29 at a Sandy Hill townhouse with twins Holly and Tyler. Ms. Quets is accused of failing to return the children, now 18 months old, after a two-day, court-appointed visit before Christmas.

Ms. Quets faces international parental kidnapping charges in U.S. District Court, which carries a maximum penalty of three years in prison and a $250,000 U.S. fine. She also faces state kidnapping charges in North Carolina.

Her North Carolina lawyer told the Citizen he plans to appeal the detention.

"We're very disappointed in the court's ruling," Dennis Sullivan said last night.

In Renfrew, Mary Thompson was saddened but not surprised when informed of yesterday's decision, saying the odds have been stacked against Ms. Quets ever since she tried to revoke her adoption consent in August 2005. Ms. Thompson and husband Robert acted as Ms. Quets' sureties before her return to U.S. custody earlier this month.

"All she wants to do is be reunited with her family," Ms. Thompson said during an emotional interview.

"She put her freedom at risk, everything she owns at risk. This woman has paid dearly."

Assistant U.S. Attorney John Bowler told the court that Ms. Quets was a flight risk and a danger to Kevin and Denise Needham of Apex, North Carolina, who have legal custody of Holly and Tyler.

The prosecutor argued yesterday that Ms. Quets attempted to obtain the twins' medical records by impersonating Mrs. Needham. And an FBI agent told the court that Ms. Quets acquired passports for herself and the twins in August 2006, contacted a Canadian immigration lawyer and researched extradition law before deciding to cross the border with the twins.

The agent also testified that she took at least one of the twins on a train trip from New York's Penn Station to Ottawa during an early-December weekend visit. Ms. Quets denied any previous trips to Canada with the children during a Jan. 8 interview with the Citizen, claiming her only prior visits to Canada were to see her ex-husband's family several years ago in Nova Scotia.

Mr. Sullivan told the court Ms. Quets would not flee, and wants to continue her custody fight in Florida. He said the Needhams were seeking to freeze Ms. Quets' assets and force her to pay their legal bills.

Friends are concerned that Ms. Quets has lost weight and strength in recent days without the appropriate medical attention. She is recovering from hyperemesis gravidarum, a potentially life-threatening illness during pregnancy that causes excessive nausea, vomiting and weight loss.

Marianna Leman, her former Orlando neighbour, offered yesterday to act as Ms. Quets' court-appointed custodian if bail was granted. She testified about her friend's previous health problems and her continuing custody fight in Florida.

The women met for 45 minutes on Thursday through a television monitor and telephone hook-up at a Raleigh jail.

"She's hanging in there," said Ms. Leman, who lives in Cape Canaveral, Florida. "It's not easy to be in that type of situation."

Ms. Quets continues an expensive and controversial custody dispute with the Needhams. The FBI agent who testified yesterday said the twins' legal name remains Quets, and that Ms. Quets' parental rights have not been terminated.

She maintains an apartment in Durham, North Carolina, for use during her time with the twins, but a judge has suspended those visitation rights.

The Needhams and their lawyers have refused to comment.

Meanwhile, Ms. Quets' white Plymouth Voyager minivan remains parked next to the Russell Street townhouse she was alleged to have rented in late December. Covered with a month's worth of snow, the vehicle has two car seats strapped in, side-by-side.

According to Ms. Thompson, Ms. Quets has authorized Mary Jo and Mark Formosa to return the van to the United States. The Kingston couple, who appeared at her Ottawa bail hearing earlier this month, operate the Kingston bed and breakfast where she and the twins stayed for five days after crossing the border on Dec. 23.

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Postby Marina » Thu Apr 19, 2007 6:56 pm

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Oregon

http://www.dhs.state.or.us/policy/child ... 1/i-i2.pdf

page 7

"Voluntary Custody Agreement" means a written agreement between the Department and the
parent or legal guardian of a child, which transfers legal custody of the child to the
Department; the Department assumes all parental authority and responsibilities that the
agreement does not specifically reserve to the parents or legal guardians, as permitted by
state law; and the Department provides the child substitute care or treatment, or both, if the
family falls within a circumstance described in OAR 413-020-0010(3)(c)(A) - (D).

Voluntary placement agreement" means a binding, written agreement between the
Department and the parent or legal guardian of a child that does not transfer legal custody to
the Department, but that specifies, at a minimum, the legal status of the child and the rights
and obligations of the parent or legal guardian, the child and the Department while the child is
in placement.
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Postby Frustrated » Thu Apr 19, 2007 7:21 pm

That is interesting, because it states WRITTEN AGREEMENT, whereas I have heard Parents "voluntarily" placed the Children with Relatives WITHOUT A WRITTEN AGREEMENT.

Here it states, it requires Written agreement. Interesting at that, uh?

So I assume Verbal Agreement isn't binding so that means we can pick up the Kids whenever because there wasn't a written agreement with CPS? :?
Is that about right?
It is easy to steal from poor people. But don't do it. And don't take advantage of those poor people in court. The Lord is on their side. He supports them and he will take things away from any person that takes from them.~ Proverbs 22:22

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Postby Marina » Sat Apr 21, 2007 9:05 am

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Mueller federal complaint

http://www.cir-usa.org/legal_docs/muell ... amcplt.pdf

page 9

"the state had never obtained legal custody"


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