Rights In Parental Abduction
April 21st, 2008posted by PInow.com Staff | December 5th, 2007
Timothy and Sadie Shirley have only a few photos and wrenching memories left of little Adrianna, a child they have not seen for going on two years.
Theirs is a family torn by one of life’s toughest outcomes of a soured relationship — a fight over custody that in the Shirleys’ case has led to a daughter’s disappearance.
The Shirleys have accused “Crystal” Amethyst Tabor, Timothy’s ex-girlfriend and mother of 4-year-old Adrianna Shirley, of taking the child to Colorado and then disappearing.
They consider what has happened with Adrianna to be a parental abduction, a term used by thousands of parents of missing children and their advocates. But the couple has no law on their side.
With no court custody order, Timothy Shirley shares parental rights with his former girlfriend, according to the law.
“If it’s her child,” said Macon County Sheriff Robby Holland, “she can take it wherever, if there’s no custody agreement. Both parents, in this case, would have had legal rights.”
The Shirleys say they don’t have the money it would take to hire attorneys needed to get their case to court, and little other means of finding Adrianna.
“We hired online detectives, looked for family members and did research on the computer,” Timothy Shirley said.
Many people assume when a child goes missing that they are victims of abductions by strangers. Such is rarely the case.
According to a U.S. Department of Justice study, 98.7 percent of all kidnappings involve one of the child’s parents. The N.C. Center of Missing Persons shows 33 cases involving parental abduction for 2006. That doesn’t mean there weren’t more. Not all cases are filed at this level, a spokesperson with the N.C. Center for Missing Persons said, and many are settled through local law enforcement agencies.
The Citizen-Times tried repeatedly to find Amethyst Tabor through a phone number, which was disconnected, Internet searches, missing children’s organizations and through family members.
Little girl gone
Adrianna lived mostly with Timothy Shirley until she was 2 1/2 and her mother remarried. Shirley called his little girl the joy of his life.
He’s worked as a carpenter since he was 16, and was 21 when she was born. He had to learn how to be a father the way one learns a new trade, he said.
Shirley, stepmother to the missing child, said her husband has his flaws, including a criminal history for not paying child support.
Those and other issues could have played a role in why the woman who goes by Crystal or Amethyst Tabor left with their daughter. The family believes she is most likely living somewhere in Colorado.
While the child’s mother hasn’t broken the law, legal rights don’t add up to moral rights, said Marianne Malky, founder of Voice for the Children, a nonprofit children’s advocacy and counseling organization based in West Palm Beach, Fla. The group’s mission is to help find missing children — in particular, those taken by noncustodial parents.
Revenge is often a motive in these cases, Holland said.
“Parents use children as pawns against each other,” he said. “In order to hurt you, I’m going to take what you love so much. It’s awful, so bad for the child.”
The Shirleys, like other families in the same situation, know the price of this pain.
Little help from the law
Tabor announced she was moving to Colorado on Feb. 13, 2006, Sadie Shirley said. “She said there were better school opportunities for her and that she didn’t need Tim’s permission to leave.”
From a legal aspect, according to Brian Welch, staff attorney for the Macon County Sheriff’s Office, both biological parents have an equal right to custody, absent a court order.
“If the child is with a parent who is not violating a court order, then the child is not missing and the other parent would not have a ‘right’ to file a missing person report.”
The only recourse, Welch said, is for Shirley to file a civil action for custody and visitation. Shirley has not done this, citing the expense it would incur.
Carol Andre, an Asheville attorney in family law, agrees with Welch.
“File a complaint and pay a good private investigator, to get the other person served,” Andre said.
Once the party is found, then served, the law looks unfavorably on these actions of vanishing, said Marsha Stone, another Asheville family law attorney.
“She’s going to have a terrible burden explaining why she kept her child away from him,” Stone said.
This is a source of outrage for Malky, whose son went missing for more than 30 years. She spent decades and more than $100,000 trying to find him.
“I went to many and all measures to find my son,” she said. “Legislators, local and regional police, FBI — it’s endless. All agencies and departments of this government told me my child was not abducted. I was told it was a civil matter.”
Malky was eventually reunited with her son. She was a stranger to him by then.
The Shirleys are just one of the many hundreds of families she’s worked with through Voice of the Children.
The search
One of the biggest signs and indicators of a parent taking a child away from the other parent is announcing a big move.
When Adrianna’s mother said she was going to Colorado, the Shirleys didn’t like it, but figured they’d at least have visitation.
“She left on Feb. 14, Valentine’s Day 2006, and said once she got settled she’d call us about visitation,” Sadie Shirley said. Time passed and the family hit hard times, both emotionally and financially. With Shirley’s four children from a previous marriage, she and her husband had trouble making ends meet.
Three times Timothy Shirley was jailed for not paying child support, which is about $250 a month. The money goes to the North Carolina Child Support Centralized Collections and not Tabor’s address.
Since then, he’s gotten two jobs and strives each month to make the payment, he said. The family is trying to get enough money to hire a lawyer, something they wouldn’t have to do if their daughter had been taken by a stranger.
All too often, the lack of money keeps many families from fighting, Malky said. “They lose not only the memories they will over time have built with their children, but most children forget the absent parent within a year or two.”
That’s what makes time even more crucial.
“We have consulted with lawyers,” Sadie Shirley said. “We have sought help through many places, and everyone says the same thing. Get a lawyer. It would cost us thousands of dollars and we’re barely making it.”
She is terrified, she said, having watched her husband sink into depression.
“He didn’t leave that child’s side,” she said. “He’s really grown up and is wonderful to my four kids.”
Timothy Shirley said his depression has turned to anger at a system that will arrest him but not help him locate his child.
“It seems like they have every way of tracking down those who owe them money, but no way of tracking down anyone else,” he said.
But family lawyers Andre and Stone said the issue of not paying child support a few times has nothing to do with custody.
“It just so reflects badly on the father who doesn’t keep up immaculately,” Sadie Shirley said.
The trail grows cold
The Shirleys are not the only ones who say they are suffering because of Amethyst Tabor’s disappearance.
Another family member says the woman did the same thing to their grandchild, 3-year-old Opal, who was Tabor’s daughter and Adrianna’s half-sister.
“It bothers me considerably,” said David Tabor of Bryson City. He’s Amethyst Tabor’s father-in-law. “We were real close. Adrianna and Opal both stayed here as much as they stayed at home. I think about them every day.”
David Tabor said he lost touch with his daughter-in-law about the same time the Shirleys did.
“I had her phone number for a while, and then she just left and nobody knows where she’s at,” Tabor said. He is considering hiring a private investigator.
“If I had the money,” he said, “I might could find her.”
Meanwhile, the Shirleys keep chasing leads, coming up with nothing but disconnected phone numbers and changes of addresses.
“We don’t know if Adrianna is OK, or if she needs anything,” Sadie Shirley said. “It’s kind of a very hopeless feeling.” She has done research and knows there are some parents who live 10, 20, 30 years with no word from their children.
Sadie Shirley wonders: Will the girl remember them? Will she know she had a father who loves her?
“I’m not going to give up,” Timothy Shirley said. “I want to see her and spend as much time with her as possible.”
