VA VA - Arieanna Day, 3 months, Roanoke, 12 September 2018 *Charges dropped*

New Posts

Jznbluz said:
The really odd thing is, if Adrieanna was alive and abducted from her Roanoke City home, what are there no RC charges for abduction? This makes me wonder if she was dead when she left the house. If the police know that, the cause of death is the question. If it was a natural causes death, most people would call the authorities. If not, perhaps you would see exactly what we are seeing.
Click to expand...

I’m playing catch-up here but if this is biodad, this isn’t kidnapping but something more akin to custodial interference. Dad has other children I’m assuming, they have to charge him with something related to a crime against a child in order to keep him away from his other children. It’s very common to do that, the DA typically has 48-72 hours to file charges after an arrest so they are just trying to keep him behind bars. And charging it in family/juvenile court can help keep too much sensitive information from getting out. Keeping it in different counties other than the one the baby lived in is smart because it leaves open the possibility to charge him in the future of crimes committed over county lines.
 
Jznbluz said:
The really odd thing is, if Adrieanna was alive and abducted from her Roanoke City home, what are there no RC charges for abduction? This makes me wonder if she was dead when she left the house. If the police know that, the cause of death is the question. If it was a natural causes death, most people would call the authorities. If not, perhaps you would see exactly what we are seeing.
Click to expand...

Could the lack of a kidnapping charge be because he's her father and there are no custody documents in place?

eta: ESO got to it before me... I really need to read everything before I reply
 
FindLucasAllen said:
Could the lack of a kidnapping charge be because he's her father and there are no custody documents in place?

eta: ESO got to it before me... I really need to read everything before I reply
Click to expand...

I’m trying to look up what Virginia’s child protection practices are and they are all pretty similar to what we dealt with during Lucas’s case. I’m crossing my fingers that the case they are building is strong enough to keep him behind bars, I don’t want to see him acquitted of something based on a lack of evidence.
 
If
ESO said:
I’m playing catch-up here but if this is biodad, this isn’t kidnapping but something more akin to custodial interference. Dad has other children I’m assuming, they have to charge him with something related to a crime against a child in order to keep him away from his other children. It’s very common to do that, the DA typically has 48-72 hours to file charges after an arrest so they are just trying to keep him behind bars. And charging it in family/juvenile court can help keep too much sensitive information from getting out. Keeping it in different counties other than the one the baby lived in is smart because it leaves open the possibility to charge him in the future of crimes committed over county lines.
Click to expand...
If they were never married it is considered kidnapping. This happened to me.
 
Echo44 said:
If

If they were never married it is considered kidnapping. This happened to me.
Click to expand...

Interesting. If you don't mind me asking, did your situation happen in VA? I haven't had a chance to research for VA, but where I live (Kansas) marital status doesn't matter. If the father is on the birth certificate, he has the same rights that the mother does... which means without custody documentation, he can take his child when he pleases.
 
Lack of Automatic Rights

Without being married to the child’s mother, there is no presumption under the law that you are the baby’s father. If you do not legally establish your parentage, you will lack rights in regard to the infant. Your name will not be on the birth certificate and you will not have the right to go to court to seek custody or visitation. Your child cannot also not benefit from you, such as being on your health insurance, receive veterans’ benefits, or inherit your assets when you pass away.

Establishing You Are the Father is Necessary

If you want to be active in your child’s life, you should establish parentage as soon as possible. You can do this in two ways: signing an Acknowledgement of Paternity (AOP) or having a genetic test performed. An AOP is an entirely voluntary form that both you and the mother must sign in front of a witness. These are usually available at the hospital. However, it can be filled out later. If you are not 100 percent sure you are the father, you should have a genetic test performed. You can either pay for this test through a private lab or you can open a case with child services and have the test analyzed at a state lab.
Click to expand...
Rights Of Unmarried Fathers In Virginia | Leesburg Family Lawyers
Until you have a specific custody order in place, either parent can take the child anywhere or keep him for any period of time. There is no such thing as parental kidnapping unless there is a specific custody order in place, and one parent is violating that order.
Click to expand...
https://hoflaw.com/virginia-child-custody-laws-parental-kidnapping/
 
Last edited:
imstilla.grandma said:
Rights Of Unmarried Fathers In Virginia | Leesburg Family Lawyers

https://hoflaw.com/virginia-child-custody-laws-parental-kidnapping/
Click to expand...


It’s tough to know because every state is different. I don’t know if they have released the arrest affidavit, he’s had his arraignment if I remember correctly. Obviously my experience is in Kansas but I think they are avoiding charging him with kidnapping because he told the police he had permission to take her. This feels like Emily Glass all over again. Arrested on a unrelated charge to avoid double jeopardy. They are waiting till the baby is found, in my opinion of course. First priority is keep him in jail and keep other kids away from him for now.

I am saddened that this case, Lucas’s case, Evan Brewer’s case, etc have gotten so little attention. Something has to change. And soon.

FLA if you have any suggestions on trying to support the family or try to help, I’d love to hear it! Love you guys
 
ESO said:
It’s tough to know because every state is different. I don’t know if they have released the arrest affidavit, he’s had his arraignment if I remember correctly. Obviously my experience is in Kansas but I think they are avoiding charging him with kidnapping because he told the police he had permission to take her. This feels like Emily Glass all over again. Arrested on a unrelated charge to avoid double jeopardy. They are waiting till the baby is found, in my opinion of course. First priority is keep him in jail and keep other kids away from him for now.

I am saddened that this case, Lucas’s case, Evan Brewer’s case, etc have gotten so little attention. Something has to change. And soon.

FLA if you have any suggestions on trying to support the family or try to help, I’d love to hear it! Love you guys
Click to expand...
As we’ve all said and feel.
Lucas remains in our hearts forever.​
 
You must log in or register to reply here.

DNASolves

Who is Escambia County John Doe (1989)?

Members online

... and 231 more.
Total: 4,692 (members: 232, guests: 4,460)

Online statistics

Members online
232
Guests online
4,460
Total visitors
4,692
Totals may include hidden visitors.

Forum statistics

Threads
592,354
Messages
17,967,932
Members
228,753
Latest member
Cindy88
Back
Top