MS MS - Myra Lewis, 2, Camden, 1 March 2014 - #2

[hockeymom4]

Very important question. I know of a case in MS where a child was taken by a biological noncustodial father from school under false pretense. The mother knew the county the child was in but could not find her. She had a medical issue that eventually became an emergency without treatment and the mother got her back after she ended up in a hospital and told the nurses she had been abducted by her biological father.

However, the mother tried to file missing person reports in two counties. The one where she was taken, and the one the mother knew she was in. LE in neither county would take a report or take any action because the abducting parent was a biological parent. The mom was repeatedly told this was a civil court case and to get an attorney even despite the medical issue and her having full custody.

I would like to know what the law is in MS regarding noncustodial abduction.

In Myra's case, would admittance that a biological parent had taken her make it a civil court case and not an abduction or missing person case? Knowledge of that, and fear no one would search, could be a good reason to insist on not knowing who took a child.

Anyone help me understand the law in MS is on this for my own personal knowledge?

There is an Amber Alert issued for Myra, so everyone is aware she is missing. If we believe what was stated, she is missing and was taken by someone. The mom doesn't know by whom, so it doesn't matter if it was by a biological father. Now, if the mom mentions GL is not the biological father, it changes nothing because it still isn't known what happened to ML. She is missing and was possibly taken, according to their story. Now, if their story wasn't accurate and if you think, they know the bio dad took her....they are in a ton of trouble for lying, but I guess that is besides the point. This would be a sticky situation. Paternity would need to be proven, but bottom line, she is listed as a missing person so he should be returning her. The big issue would be is there custody paperwork between the two determine custody? If not, then he would have equal rights like her. I believe. I am not 100%, but pretty certain.

 

[msmamanana]

Thank you Kimi. That's helpful prevention information and custody information but if law enforcement refuses to file a report as in the case I mentioned it's alarming. It doesn't seem to address what LE is required to do. Thank you.

 

[kimi_SFC]

Thank you Kimi. That's helpful prevention information and custody information but if law enforcement refuses to file a report as in the case I mentioned it's alarming. It doesn't seem to address what LE is required to do. Thank you.

I re-read your post, and it is beyond alarming that LE is handling her case that way. Based on what I read, it doesn't seem to jive at all! Further up in the link, it states over and over that the "Best Interest of the Child" is what matters the most, and the situation you described sounds like anything but.

I spent every last dime filing for end eventually being granted custody of my girls. We are still in hiding, because I am truly concerned about non-custodial parental abduction. Looking over your shoulder is an awful thing. Even if you do have the proper paperwork (custody orders with no visitation), it's just a piece of paper if the other party refuses to comply.

It's a scary world out there, and one of the reasons why these cases capture my heart. I'm sure I'm not alone.

I hope your friend is able to make headway. There has to be someone who can help her. If she's not able to afford an attorney, there are typically non-profits who can assist, especially if there is any history of DV. She's the kind of mom we root for, who will move heaven and earth, and never stop trying just because she hits one wall, IYKWIM.... I hope she is able to make progress soon, and be reunited with her child.

Where are you Lil' Myra?!

 

[hockeymom4]

Thank you Kimi. That's helpful prevention information and custody information but if law enforcement refuses to file a report as in the case I mentioned it's alarming. It doesn't seem to address what LE is required to do. Thank you.

Well, I don't know that situation, so I can't respond. I just think of a home that has two parents and a child. If one parent leaves with the child, what can be done? The parent has rights. They are the parent and legally one parent has no rights over the other. Will they help the other parent? Possibly. Now if there are custody papers in place and a non custodial parent takes the child it's a different story. Or, like in my brothers case. He was the non custodial parent, but had visitation, every other weekend. He went for his visit and the house was empty. Poof! Ex and child gone. He and his lawyer went to the police station and filed a report. Not a missing person report. I forget what kind. They also went to court. They finally found them, months later, several states away. It was a horrible few months.

I can understand why it would be alarming, but one parent doesn't have any more right over another until it's established in court. So, that is why they didn't take a report, I am assuming. It is scary how a spouse or parent of our children could take them and run and we are left to do nothing, especially if they are on the birth certificate. If they are not, it's different. If parents don't live together, getting custody in writing through the courts is a must.

I am guessing on a lot of this, so if it's not write, don't be mad

 

[hockeymom4]

I completely missed the word NON custodial.... I thought you were saying they were two parents living in a home and he took off. I am have never heard of such a thing. My brother was the non custodial and when his visitation was missed they helped him! Did she have court drawn papers?

 

[kimi_SFC]

I completely missed the word NON custodial.... I thought you were saying they were two parents living in a home and he took off. I am have never heard of such a thing. My brother was the non custodial and when his visitation was missed they helped him! Did she have court drawn papers?

It's the non-custodial abduction (essentially) under false pretenses, no less, that is SO concerning! Why would LE refuse to take a report in two separate counties?

It may be time for mrsm's friend to have an attorney step in to advocate for her to get her daughter back. They have the ability to search (via PIs, etc.), and they can be a parent's voice within the court system and with LE. Sadly, it sounds as though LE isn't listening.

If nothing else, maybe the mom can at least obtain a consultation with an attorney. Usually, those can be obtained without cost. I am floored that the father has gotten away with this! JMO

 

[Kelly Faraday]

They must be so frustrated. Especially if they think they know what happened to Myra but just can't prove it yet. God bless them.


"Monday Madison county sheriff Randy Tucker met with investigators to plot strategy this week as they continue the search for 2 year old Myra Lewis."

http://www.chathousenews.com/2014/03/investigators-continue-search-for.html

 

[msmamanana]

Yes she had legal custody with court documents. And she did get the child back from a hospital after the child was admitted for diabetic situation then told nurses she had been abducted. A guard was posted at her door and father fled before the mother arrived.

Is there a forum we could discuss custody issues other than Myra's thread? I would like to continue related conversation.

 

[hockeymom4]

Yes she had legal custody with court documents. And she did get the child back from a hospital after the child was admitted for diabetic situation then told nurses she had been abducted. A guard was posted at her door and father fled before the mother arrived.

Is there a forum we could discuss custody issues other than Myra's thread? I would like to continue related conversation.

I am not sure if there is a forum here. I have never heard of anything like this. I know that LE will help custodial parents and non custodial with visitation, as they did with my brother. It's hard to speculate as I don't have the facts in this case, haven't seen her papers, know why LE said no, etc. My suggestion would be to tell her to get a lawyer, although I am spas summing she has one already. It is hard to comment without the facts. They sometimes issue AA for non custodial parental abductions, so I am at a loss on this one and would rather not speculate without the facts. I hope it works out for them.

 

[Kimster]

Yes she had legal custody with court documents. And she did get the child back from a hospital after the child was admitted for diabetic situation then told nurses she had been abducted. A guard was posted at her door and father fled before the mother arrived.

Is there a forum we could discuss custody issues other than Myra's thread? I would like to continue related conversation.

Yes, you can open a thread about it in the Jury Room. You just can't use real names and such.

Websleuths Crime Sleuthing Community

 

[Breazy]

Catching up on Myra's thread since being away since late last week. Have kept up on the local news but as you all know... nothing, nada, zilch that is new. I'm just heartbroken that this has gone on this long with no answers but continually praying that a miracle will happen and Myra will be found safe!!

 

[msmamanana]

Thanks. It's been a good day to get started on a garden so I've been busy.

 

[bakerlady]

Per Wikipedia, for an amber alert to be issued there must be certain criteria:
"Law enforcement must confirm that an abduction has taken place.
The child must be at risk of serious injury or death.
There must be sufficient descriptive information of child, captor, or captor's vehicle to issue an alert.
The child must be under 18 years of age.[14]"


I am confused now. Who is the supposed abductor here?

 

[kimi_SFC]

Here is the Amber Alert form specific to the State of MS:
http://www.dps.state.ms.us/wp-content/uploads/2011/12/Amber_Initial_Reporting_Form.pdf

Here is the official Amber Alert FAQ
http://www.amberalert.gov/faqs.htm

Each state AMBER Alert plan has its own criteria for issuing AMBER Alerts. The PROTECT Act, passed in 2003, which established the role of AMBER Alert Coordinator within the Department of Justice (DOJ), calls for DOJ to issue minimum standards or guidelines for AMBER Alerts that states can adopt voluntarily. DOJ's guidance on criteria for issuing AMBER Alerts is:

Law enforcement must confirm that an abduction has taken place
The child is at risk of serious injury or death
There is sufficient descriptive information of child, captor, or captor's vehicle to issue an alert
The child must be 17 years old or younger
It is recommended that immediate entry of AMBER Alert data be entered in FBI's National Crime Information Center. Text information describing the circumstances surrounding the abduction of the child should be entered, and the case flagged as Child Abduction.
Most state's guidelines adhere closely to DOJ's recommended guidelines.


You may be onto something here..... We need confirmation of ther MS standard, and more importantly, the criteria Myra met to qualify.

I am thankful she was given Amber Alert status though!

raying:

#FindMyra

 

[cluciano63]

I don't know that criteria would so strictly applied in the case of a two-year old. I mean, they don't have a vehicle description either. Some states seem to be more flexible in how they use it. JMO

 

[blue22]

Per Wikipedia, for an amber alert to be issued there must be certain criteria:
"Law enforcement must confirm that an abduction has taken place.
The child must be at risk of serious injury or death.
There must be sufficient descriptive information of child, captor, or captor's vehicle to issue an alert.
The child must be under 18 years of age.[14]"


I am confused now. Who is the supposed abductor here?

She meets the criteria without an abductor. A 2 years old's whereabouts being unknown, puts her at serious risk of injury or death. They have a clear description of her. Those two things alone qualify.

 

[bakerlady]

http://lostnmissing.org/why-no-amber-alert/

1. 6 year old child is playing in front yard while a parent is gardening nearby. Parent runs to the shed to get more gardening equipment and returns to find their child is missing. They immediately phone 911 and begin searching the house, their vehicles, in car trunks and get the attention of their neighbors to also search. Does this child qualify for an Amber Alert?
Answer: No. Unfortunately the child does not meet the criteria because no evidence suggests that an abduction transpired. There is no “description” that can be broadcasted of an abductor in order for the child to be found. This does not mean that the case will not be handled with nearly the same urgency, fact is…it will. The only difference is it will not be broadcast on highway billboards nor on scrolling emergency messages on television.
2. Johnny is at day care and disappears from the playground. The teachers are in a panic and call 9-1-1. Does Johnny qualify for an Amber Alert?
Answer: No. (See number one for explanation of the same.)

I am being nit-picky but it seems like this should not have been an Amber Alert unless someone saw her go with someone else.

I have heard rumors that Myra was with mom that day.

Where the heck is she?

 

[Quill]

I am being nit-picky but it seems like this should not have been an Amber Alert unless someone saw her go with someone else.

I have heard rumors that Myra was with mom that day.

Where the heck is she?

It was delayed but even then the subtle rumblings were beginning on SM that there was no Amber Alert because of race. I imagine that it was a factor in going ahead with issuing it.

 

[ohhieliz]

Sometimes I feel that the AA system is a bit subjective, and times it seems OBVIOUS there should be an AA there isn't one.

Without a vehicle description or a person Myra was last seen with, it doesn't seem like the AA system gives much information in this case, except for baby Myra's picture. While I'm happy that her picture was released so rapidly because of the AA alert so we might have been able to find her within the first day, at this point with no further information the AA isn't helping very much.


In general, this has been a frustrating case because of the lack of released information that is relevant to Myra's potential whereabouts. As we've all been posting all along, someone. knows. something.

 

[blue22]

It was delayed but even then the subtle rumblings were beginning on SM that there was no Amber Alert because of race. I imagine that it was a factor in going ahead with issuing it.

I honestly don't think it was race. They have done some pretty extreme things to find her. I think it was the lack of credibility (or sense) in the parent's story. I don't think they ever thought she was taken or wandered far off. I think they had to wade through a lot of crap, before they could justify the qualification of an AA. JMO.