Wife left and took child out of state!!!!

[JeremyCarlson]

Where to start.....well on 10/12/2020 my wife left and took my son out of state with her without my permission. Since then I have been trying to tell her she needs to come back and bring him here. I have been filling out the divorce forms on my own. Well today she texted me and she said she is not going to come back or bring my son back either. She will not tell me where she is either all I have is a phone number to where she is at. What can I do to get my son back and is it considered kidnapping since she took him without my permission? She also has taken non-martial property of mine, my computer, I had it before we got together. What should I do, can I get law enforcement involved?

**EDIT** I just talked to a process server and they were able to coax her address out of her, so I now know where she is. She is in Michigan.

[Attorney Cheri Hobbs]

You have a few options. You can file an Emergency Child Pick-Up Order and state the facts alleged. You can attempt to obtain an injunction on behalf of yourself and OBO (on behalf of) your child. If the court grants the injunction then they will serve her and you will have a hearing within 15 days of the date of the temporary injunction. If the court grants the Emergency Child Pick-Up Order then law enforcement will bring the child back to you. You can address the premarital property in the divorce or the injunction.

Attorney Cheri Hobbs

[JeremyCarlson]

On the Emergency Child Pick-Up Order it says this,

With this form you must also file the following:

-Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) Affidavit, Florida Supreme Court Approved Family Law Form 12.902(d).

-A certified copy of the court order showing that you have legal custody of or time-sharing with Instructions for Florida Supreme Court Approved Family Law Form 12.941(d), Emergency Verified Motion for Child
Pick-Up Order (03/09) the child, if any.
OR
A certified copy of the child's birth certificate, if you are the birth mother of a child born out of wedlock and no court order addressing paternity exists.
OR
A certified copy of any judgment establishing paternity, time-sharing with or custody of the minor child.

I have a UCCJEA and a Supervised parenting Plan filled out and ready to file with the divorce papers but I don't have a court order or anything like that for custody seeing as we are going through the divorce now. I'm not quite sure what all else I need but from the choices here it would appear the only one that fits my case is the judgment establishing paternity, how do I get that? I mean we were married I signed the birth certificate is that not enough or do I have to get a DNA test or something like that?

[Attorney Cheri Hobbs]

If you have already filed for divorce then you can file the Emergency Child Pickup Order. If you have not filed yet then you can attempt to file the Order and make sure that you include a copy of the birth certificate and marriage certificate.

You can call for a free consultation.

Attorney Cheri Hobbs

[JeremyCarlson]

Ok thank you very much for the advice. Also I was going to wait to use the free consultation once the divorce starts moving along because I don't want to waste it now. I really want to get a lawyer to help me get my son back but I just can't afford it.