Q: I have full custody in Colorado of my son. His mother took him to Alabama and is not abiding by custody agreement.
I have full custody of my son. Colorado put a forthwith pickup of minor order but it doesn't work in Alabama. Alabama won't rewrite unless Colorado judge calls and confirms. Colorado refused to call because there is no case open in Alabama. I'm goin to Alabama to open case but 1) what do I file? I have a orderfirs petition for child custody to open case plus I want to file same motion forthwith of pickup minor. Once I file it in Alabama, Coloradosays it will call and then would I get the green light for the judge to re write order in Alabama ? I have a detective in Alabama helping me. My son's mother has child endangerment warrants from another state plus I have prostitution proof on top of she threw me in jail on false charges that got thrown out. I feel I have proof of her harrassing me to get my son into her hands so she can run with him. I am telling the courts of all this and there not allowing me to file parental kidnapping or custodial of interference charges on her. Please help
A: If you have an Order from another state giving you custody of the child and law enforcement will not enforce then you need to hire an attorney to file a Petition for Habeas Corpus in the Alabama jurisdiction where the child is located. Absent an emergency reason that would cause the local judge to block or refuse temporarily to enforce the Order you will leave the courthouse with your child the day of the hearing.
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