What is kidnapping?
Kidnapping is defined as knowingly restraining someone with a specific intent to do something. This may be to collect a ransom, use a person as a hostage, or have someone do involuntary work. Other intentions may be to injure a person or to interfere with the operation of an airplane, bus, train, or other form of transportation.
Kidnapping may be a felony, depending on the circumstances. If someone is convicted of kidnapping, it′s not uncommon for that person to receive a jail or prison sentence.
Photo by Steve Weazer
Custodial interference, sometimes called parental kidnapping, happens when one parent keeps a child from the other parent who has legal custody. Statistics indicate that over 350,000 children are kidnapped by family members every year. Specific state and federal laws against parental kidnapping carry stiff sentences for violation.
For example, say the court has placed you in the legal custody of your mother. Your father lives out of state and has holiday visits. After you spend two weeks with your father at Christmas, he decides not to return you to your mother. This is custodial interference and may be prosecuted as a crime.
If your parents agree that you can live with your father, however, they should ask the court to modify the custody order. Courts grant modification requests all the time. The key issue is what′s best for you. If there′s no risk of abuse or neglect, and all agree that the change is for your benefit, it will most likely be approved.
Let your opinion be heard in custody modification situations. Many courts want to know whether you agree with the change of custody. Feel free to write the court a letter. Or you may have the opportunity to go to court and speak with the judge. This is your chance to state your true feelings.
If you′re hesitant to speak up in your parents′ presence, ask to talk to the judge alone. Many judges will allow this. You may be taken to the judge′s office with your lawyer or guardian, where you can speak freely. The judge will see that your statements remain confidential.
The point is that you are the most important person in the case. Your opinion matters and should be heard. The results may not be 100 percent to your satisfaction, but speaking up gives you the chance to share your views and to make sure your concerns are taken into account.
This post was written by Tom Jacobs. Judge Tom is the founder and moderator of AsktheJudge.info. He is a retired juvenile judge and spent 23 years on the bench. He has written several books for lawyers and judges as well as teens and parents including the recently published 'Teen Cyberbullying Investigated' (Free Spirit Publishing). When he's not answering teens' questions, Judge Tom can be found hiking, traveling and reading.
what if the child wants to live with one parent, but the other parent won’t let the child leave?
Judge Tom’s response:
A lot depends on the age of the child. Generally if under 12 or 13, the issue of residence should be worked out between the parents. If a neutral person [counselor] is needed, find a good one that you both trust and will listen to. If a teenager, it’s important for the three of you to reach an agreement. Most communities have counselors and mediators to help resolve these issues. Going to court to settle the issue should be your last resort, and may leave emotional scars on all of you. Lawyers and courts are there if you need them, but if you can reach an agreement without court intervention and delay, all the better for your son or daughter. The bottom line in any custody/visitation case is what’s best for he child. Good luck, and stay calm.
I am suppose to have physical custody of my son. He went to another state to be with his father due to a court order on visitation. We both agreed to let him stay with his father til after the holidays due to money issues on both ends as far as getting him back. Now the holidays are over and I have made arangemnets with my job to go and get him myself and the father is telling me I can’t have him back. I can’t get any legal advice from my state because the court papers were filed in the state he is in now.. I have called everyone about this in my state (Nevada) and his state (New York) Noone will gove me answers!!! Can I go there with my court order and just take him and not have to worry about being arrested. He is in violation not me!!!!
Judge Tom’s response:
Dear Jody: First, I think you would “worry” if you were arrested, not to mention the additional expense to you and loss of time with your son. You might consider calling community legal services in New York for assistance, or before you make the trip, contact the local police in the city where your son is and ask how they handle these situations. They may refer you to a local attorney or legal assistance program. Make sure the father hasn’t obtained a modified custody order without you knowing about it, in which case the police will follow the most recent court order. If you go to New York, take copies of all of your custody documents [divorce/separation order, custody/visitation orders]. Once there, check to see if the local court has free legal assistance for the public. It may be available once a week, usually on a first-come, first-served basis and free in many jurisdictions. All the best.
I live in Pennsylvania and have a question concerning parental kidnapping. What if there are threats of divorce but as of late no papers have been filed and one parent has the children but won’t let the other parent not only see them but refuses to tell that parent where the children are staying?
Judge Tom’s response:
Every state has laws regarding parents’ rights and custodial interference. You need to check with a local attorney or family court to see the laws that apply to you. The court may have a free legal assistance program to at least get you started and/or provide advice. Good luck.
i have a question i have 2 young boys and there dad has taken them both and wont give them back butt we are not maried and he is not on one of there birth cirtificet what can i do to get my kids back
Dear Walker: We are an educational web site about law and teenagers. Your question is beyond the scope of ATJ plus we don’t provide legal advice to adults or teens. Contact a family law attorney in your area – you might be able to get a brief consultation for a nominal fee or even free. Good luck.
in november of ’09 i left nevada and moved to arizona with my one year old son and two year old daughter. my husband, who is still living in nevada, is now threatening to file charges for kidnapping against me, having me arrested, or at least ordered to move back into the state of nevada. what can he really do and how long does it take for this kind of court order to go through?
Dear Ms. Wonderer: Askthejudge.info is an informational web site for teenagers about the law. We don’t provide legal advice to anyone, adult or teen. Consequently, we are unable to respond to your question. We suggest you consult a lawyer in your area familiar with family and criminal law. All the best. -ATJ/
[This is information only - not legal advice].
What if the parent who has legal custody moves out of the state, and refuses to allow the other parent to speak to the child, or hae any interaction with the child? Furthermore, what if that parent refuses to give the other parent contact information? Would this be considered kidnapping?
What should the non-custodial parent do to force the custodial parent to put her in touch with the child?
DEar April: What you have described is a form of kidnapping called “custodial interference” in some states. You have to look to the laws of the state where the court orders exist. The parent whose court-ordered visitation rights are being violated should contact his or her lawyer so that the matter can be brought back before the judge. There are penalties for violating court orders. Good luck.
[This is information only - not legal advice].
If a mother has an open ACS case and she is in a program for having drugs in her system when she gave birth not to mention the child had drugs in her system at the time of birth. Can the mother just leave New York? And if the father does not consent to the children being taking out of the state is this considered kidnapping?
Dear Ms. Harris: If she is a ward of the state she cannot just leave the court’s jurisdiction without the approval of the judge. There may be travel restrictions imposed by the court as part of the dependency case. Depending on the laws in your state, taking the children across state boundaries may be considered custodial interference and be punishable as a crime. She should talk with a lawyer familiar with family court matters and learn about the consequences of any action she might take before she acts. Good luck.
[This is information only - not legal advice].
Would a non working parent be able to get custody even if they are not working? And what are the rights of the grandparents would they be able to get custody?
Dear Ms. Harris: Generally, custody is based on what is in the child’s best interests. Financial security is only one factor in the court’s determination of placement. In most states, grandparents have statutory rights to visitation with grandchildren under specified circumstances. Custody is another matter that is decided on the facts of the case and what is best for the child. Parents’ rights, however, come first before a grandparent may assert a claim for custody. Check your state’s laws or Google “grandparent rights” and your state name. Good luck.
[This is information only - not legal advice].
me and my ex are still legally married due to the fact i have not had the money to file for divorce and he just doesnt care even tho we have been seperated for 3 years and our 2 sons have lived with me. the first of the year i asked if he could help with them for awhile due to my financial situation and now does not want to give them back or let me talk to them. can i just go get them from him or will i be charged with kidnapping since i live in texas and he lives in new mexico?
Dear Lisa: Askthejudge.info is an educational website for teenagers. Consequently, we are unable to assist you. In addition, we don’t provide legal advice to anyone, teen or adult. You need to speak with a lawyer who practices family law. Maybe your area has FLAP [free legal assistance program] where you meet with a lawyer for 30 minutes or so at no cost to you. Check with your local court about this. Good luck.
[This is information only - not legal advice].
we’re in ct. my husband kept us in a hotel for over a year, after an eviction, racked up a hotel bill and kept it under my name. he didn’t pay and i was arrested for it, since he kept my name on the hotel’s registration. the hotel only dealt with him and never even approached me about the bill, and therefore had no idea, it was kept under my name. he left the state and left me and my kids without any support, to have a permanent home. we’ve been struggling with the help of my mother and still forced to live in a motel. he now claims that i kidnapped the kids although the kids go to same schools. i’m only trying to keep their lives as much normal as possible. can he claim kidnapping? he fled the state after my arrest. he knows where the kids are, and i’m only concerned enough not to let him know which motel we are staying. i’ve asked him to meet us in a specific place, but he wants to know which hotel. when he left the state, i was staying with a friend for 2 weeks and he didn’t give any support, then was forced to go to different hotels. i have asked for him to provide us with home and money but he has refused to.
Dear Marjolisa: Askthejudge.info is an educational web site for teenagers about the law. We don’t provide legal advice to anyone – adult or teen. Consequently, we are unable to assist you with your situation. We suggest you contact a local lawyer. Your area may have a Free Legal Assistance Program [FLAP] where you can sit down with a lawyer for a limited time [usually 30-60 minutes] and obtain advice. Check with your local courthouse or law library to see if this exists where you live. Good luck.
[This is information only - not legal advice].
My X has moved and I have no contact info and have not seen my son since.
I have a court order as shared custody and tried to file contempt but without a address I cannot serve her papers and the hearing was continued till a later date.
I have tried all avenues but cannot find her.
Would this be considered kidnapping?
Dear Chad: Sorry to hear about this situation. Your state may have a law regarding “custodial interference” which may fit what you have described. It is a crime in some states. Talk with a family lawyer or contact your local family court to see what is the best way for you to proceed. You might also report this to the police if she is in violation of any court orders. Good luck.
[This is information only - not legal advice].
what if there isnt any custody filed but both parents are on the birth certificate and then when the mom gets mad and cut all ties? is this still kidnapping?
Dear Heart: You’ll have to look o the definition of kidnapping in your state. Each state has its own laws. Google the name of your state and “kidnapping law” for the definition. What has happened may also fall under custodial interference where there are consequences for the offender. Good luck.
[This is information only - not legal advice].
To make a complicated matter as brief as possible, my grandchildren’s father is not in the picture as he is a convicted child molester and not to be near children, including his own. My daughter is on drugs, has a new boyfriend almost monthly, and is now in jail for B&E. We have called CPS to rescue the children, although the new boyfriend of the month was apparently given verbal permission in front of the police by her (while being arrested) to keep the children. The living conditions are equitable to the bombed and poor in Bosnia, yet CPS will not remove the children as they are deemed to be in a “safe place.” Is it considered “Kidnapping” to remove my grandchildren from this stranger who no one seems to know, though it is not her wish for us to do so?
Dear Grandma C: This website is an educational resource for teenagers about the law. We do not provide legal advice to anyone, adult or teen. We suggest you speak with either a criminal defense attorney in your state or a lawyer who specializes in family law. There is a difference between custodial interference and criminal kidnapping. Good luck.
[This is information only -not legal advice].
me and my ex husband had joint custody he picked them up for a vistit and vanished now 10 year latter my kids have been taken by colorardo family sevices. and they tell me even tho i have custody from ill that colorado doesnt have to give them to me they want me to have icpc done first can i just go there with my order from ill and get my kids
Dear Misty: You need to talk with a lawyer in your area about your options. Since the children are in the custody of CPS in Colorado, you may not be able to simply go there and pick the kids up. There may be Colorado court orders in place. The ICPC [Interstate Compact on the Placement of Children] is the legal process for moving children from state to state when a state agency, such as CPS or the court, is involved. Good luck.
[This is information only - not legal advice].
I HAVE SOMEONE IN MY FAMILY,WHO HAS A 4-YR-OLD GRANDSON,WHICH THEY HAVE BEEN CARING FOR OFF AND ON FOR SOME TIME.THEY PLAN ON LEAVING THE STATE SOON AND TAKING THE 4-YR OLD WITH THEM. I DONT THINK THEIR 19 YR OLD DAUGHTER KNOWS ABOUT IT,WITHOUT NO GUARDIAN PAPERS,WOULD THIS BE CONSIDERED AS KIDNAPPING.THANK YOU FOR RESPONSE, JUDI SIMMONS
Dear Judi: There is a difference between kidnapping and custodial interference. If there is a valid court order placing the child in the custody of one person and someone else takes custody or extends a visit beyond what the court has authorized, it may constitute custodial interference. You have to look to the laws of your state for the exact definitions of these terms. Kidnapping is defined in the criminal laws of your state. You could Google both terms along with your state’s name for more details about each. Good luck.
[This is information only - not legal advice].
My 9 year old son has always been in my care. About once or twice a year I hear from his father and his family wanting to see him. I usally dont allow him to go but now my son is older and he says he wants to see them too.I let him go and now they wont bring him back. I went to his house and they aren’t there. My son’s father wont tell me where they are. I have a dv acs case but Im no longer with the batterer and are taking all steps to close out the case. Will he get custody because of my acs case? Who will the child stay with until a decision is made?
Dear Frantic: Askthejudge.info is an educational website for teenagers about the law. We can tell you that you should speak with a family law attorney in your area. Your local court may have a program where you can receive free legal advice. Check with them – otherwise you may be able to obtain legal services on a sliding scale if your financial circumstances justify such. Good luck.
[This is information only - not legal advice].
if a person is charged with kidnapping a child and the legal parent(s) decide not to press charges will the defendant still be charged or sentenced? (This situation happens in the movie Big Daddy)I know this is a fictional movie but I am writing a paper for school based on fiction versus reality.
Dear Maralyn: Yes, the person can still be charged regardless of whether the parents and/or victim don’t want to press charges. Ultimately, it’s up to the prosecutor’s office to review the case and file the charges they believe are most appropriate. The same is true is domestic violence cases where the victim often states that he/she doesn’t want to press charges, but once the police find out about an incident and are involved, a police report is usually written and reviewed by the prosecutor’s office. Good luck with your paper.
[This is information only - not legal advice.]
i would like to know if it is considered kidnapping if when parents separate, the one with the child wont allow the other parent any access to the child, either through a visit or even a phone call…in this circumstance there is no divorce…i m in Michigan by the way…
Dear Matt: What you’re referring to may be considered parental kidnapping or “custodial interference” depending on the laws in your state. However, laws concerning custodial interference may apply when there has been a divorce and custody orders by the court are in place. Again, this depends on the laws in your state. Try Googling your state’s name and “custodial interference” for the specific laws in your state. You also could try contacting a local family law attorney who would be able to provide more information. Good luck.
[This is information only - not legal advice.]
I have a question. My boyfriend and his ex seperated 14mths ago. Divorce papers were filled but never signed by a judge. We live in TN where the papers were filled and where they lived. She had the children with her. She told him she was going to her families house in Mississippi for a few weeks. She then told him after being there for 3 weeks that she isn’t coming back.We have since found out that the boys are being abused.We called cps of Mississippi. They had the case open for months then closed it. She keeps showing the divorce papers that haven’t been singed or seen by a judge and uses them to say she has custody. It also states in them that he gets them 6 mths out of the yr. He hasn’t been alone with them in over a yr. When he sees them she makes him go to her families house here in Tn.He is not aloud to take them anywhere nor is he aloud to bring them to our house for any visits. What can we do? We have called legal aid in Tn but they say they can’t get involved. We don’t have the money for a lawyer. Please what can we do? WE NEED HELP!
Dear Rebecca: We’re sorry to hear about you and your boyfriend’s situation. He needs to speak with a family law attorney to get some answers. You can try calling your local court and ask if it provides a free legal assistance program where you can meet with a free volunteer attorney to get some free legal help and information. Many courts offer this type of program. You can also contact a local family attorney for a consultation. Many attorneys provide a free initial consultation. If you believe your boyfriend’s sons are still being abused, you can call the National Child Abuse Hotline at 1-800-252-2873. Good luck.
[This is information only - not legal advice.]
I moved out of state in August. My orders state that I can have my son any weekend of my choosing. On January 25th, I informed her of my weekend, Feb 18-21. On the Feb 9th I bought the ticket. When I called to inform her about the times, she told me he wasn’t going. For the next week and a half, she told me that she wanted me to pay her $50 to take him. I pay for the ticket, which is usually around $400, and I send her $50 for the unaccompanied minor charge that has to be paid at the airport so she wouldn’t have to pay it. On the 18th, she still refused to put him on the plane. I didn’t get my visitation for Feburary.She has blocked my phone number. What can i do?
Dear Alan: We’re sorry to hear about your situation. AsktheJudge is a teen law site answering questions about teens’ rights and the laws that affect them. Therefore, we’re unable to assist you with your question, but we suggest contacting a family law attorney in the state where you received your orders. Many attorneys offer a free initial consultation, which may be telephonic. Best of luck.
[This is information only - not legal advice.]
My ex lives in New Jersey and I live in Michigan. We have a mediation court order in New Jersey that my ex have residental custody and I have holidays, summers and school breaks. In the order it says either we go 50/50 to fly them to michigan and back or if I drive and pick them up in New Jersey he must come pick them up in Michigan. If I go pick them up from New Jersey and he can’t or will not pick them up from michigan can I get in any truble because he has the residental custody in new jersey. I want to get them but there is no way I can also bring them back and he will make some excuse not to pick them up. Please let me know someone asap I want to go get them now.
Dear Nicole: AsktheJudge.info is a teen law website answering teens’ questions about their rights and the laws that affect them. Therefore, we’re unable to assist you with your question. However, you could try contacting a local family law attorney for a free consultation and to answer your question or contact your local court and find out whether they offer a free legal assistance program where you could meet briefly with an attorney. Good luck.
(This is information only – not legal advice.)
I have 2 children in common with an ex-boyfriend and we have joint physical and legal custody. We both live in the same state of utah and in the same town. Our older child since november 2009 has refused to come back home with the enticement of his father. This child has since become ungovernable as it started shortly before he refused to return. I have a permanant protective order against the father 2 years after the joint custody came into play. He is very manipuative with the children. He has had my younger son who is 12 take his urine tests and tells him that it is for the doctor. He has been charged already with custodial interference in 2009. It is my belief because of his behavior that he has enticed my now 15 year old to not return home. We are currently involved in court to modify the present custody order but I want to know if he can now be charged with custodial interference. Utah has changed the custodial interference law to children under the age of 18 instead of 16 but but does not clarify the question what if the child refuses to come home?
Dear Shauna: AsktheJudge.info is an educational website for & about teenagers and the laws that affect them. We do not provide legal advice to adults or teens. We suggest you speak with a local family lawyer who is familiar with Utah law and can answer your questions and/or advise you. Good luck.
(This is information only – not legal advice).
Marriage,divorce decree and jurisdiction remain in Michigan where I have been a resident all my life. X-wife and 17 year old son has lived in Indiana for 16 years. My son wants to live with me and refuses to go back to mother after visitation. What are the consequences of this?
Dear Art: It depends on the exact language in the divorce decree issued by the court. You may have to return to court to modify the custody order placing such with you. Depending on your state laws, it may be best to wait until your son turns 18 when he can decide for himself where he wants to live. Again, one would have to consider the facts of your case along with the applicable laws of both states. We recommend you contact a local family lawyer to discuss your options. Good luck.
(This is information only – not legal advice).
My 15-year old step son came for a sunner visit (7 weeks) and in that course of time, he decided he wanted to stay with us. His bio mother has gome back and forth on letting him stay and for now haw agreed. He is set to start school on 8.22.11 locally. THe attorney’s told us to not worry about it as she has stated he can stay and she even went as far as putting him back on a plane to return here. Now, however, she is threatening to get the FBI involved for kidnapping. We do hae text messages from her stating he can stay and she did put him on a plane back. We are actively in the proces of a change in custody. Do we need to be concerned about the FBI and kidnapping?
Thanks
Dear Tracee: Anytime someone threatens to involve the FBI or any other law enforcement agency is cause for concern. But since you have a lawyer, follow his or her advice. Review with the attorney the custody and visitation orders from your husband’s divorce. Obviously, this is why you’re back before the court for a change of custody. Good luck.
(This is information only – not legal advice).
I have a friend who is having problems getting her son returned to her. Her ex-husband is not the child’s father has no legal rights where the child is concerned. She has full custody of the child since the child’s biological father gave up his parental rights when the child was born. She allowed her son to visit with her ex-husband after their divorce. Now he is refusing to allow her to have him back and refuses to allow her to have any contact with her son. Is this kidnapping? Could she get law enforcement to file charges and return her child to her?
Dear Barbara: Under the laws of the state where this has happened, it may come under “custodial interference” or kidnapping. Google the name of the state and “custodial interference” for information. Reporting this to the police may result in an investigation and charges against the ex-husband. She should speak with a lawyer about this for advice regarding her options to get her son back. Good luck.
(This is information only – not legal advice).
i just dnt knoe what to do my ex had me arresit an kidnapped my son i spent 2 days in jail it had nothing to do with my son,when i got out my child father would not let my son return to my home with his brother, my ex is married an has not been ligatmated of sign a birth certifice it been two weeks now im miss my son an now his father has a order of patection agaist me so i cant just go an pick him up what do i do
i have court for interfance of custdy on the 27 against the father have i done the right ting or will i lose my son
Dear Gilda: AsktheJudge.info is a teen law site answering teens’ questions about their rights and the laws that affect them. We suggest you contact a local family law attorney for information and advice. Many attorneys offer a free initial consultation. Good luck.
(This is information only – not legal advice.)
Hi , I can’t take it anymore , my husband so bossy and want me to do what ever he want even if I don’t want , he always say either we devorce or I have to listen to him , I want to take my 3 year old son move live with my relative which is 1 hour away , is that call kidnapping ? Or what I have to do for it legally to move out ? Because I scare to live in the same house when our situation bad , he choking me few time when he got mad ! Please help me , give me advise!!
Dear Demi: AsktheJudge.info is an educational website for teenagers about the laws that affect them. We don’t provide legal advice to teens or adults. We suggest you speak with a family lawyer in your area regarding your rights and how to protect yourself and the child. You may need to get a protective order from a court if the physical abuse continues. Many lawyers offer a free consultation for the first 30 minutes or so. This may be all the time you need to help you decide how to proceed. Ask about this when you call the lawyer. If you or your child are in any danger, notify the police. Good luck.
(This is information only – not legal advice).
My former boyfriend and I decided we wanted to make a life together. I have 2 children. My mother convinced me to leave them with her till we spent some time together and then at Christmas she would fly them out to me. The kids decided they did not want to go and suddenly two days before court I was set up and received a meth charge. I have never had a drug charge before. She was given custody.
would it be kidnapping if i WERE TO GO AND TAKE THEM WITH ME TO New York.
could I be arrested?
Dear Kimberly: If your mother was granted custody by the court, then yes you could be arrested for parental kidnapping, custodial interference or another similar law in your state if you take your children to New York. If you want to challenge the custody orders, we suggest you contact a family law attorney in your area for information and advice. Many attorneys offer a free initial consultation. Good luck.
(This is information only – not legal advice.)
The mother of my step son is refusing to allow my husband to see their child on his ordered visitation nights. It is his weekend with the child and we found out from her friend that she is planning on leaving the state with the child so that he cannot see him. We have filed police reports for the past week on each night that the visitations were suppose to take place. If she leaves the state of kansas with the child on his designated weekend without his knowledge is that considered parental kidnapping? And what should we do if she does leave the state with the child?
Dear Melissa: Under Kansas law, violating a court order regarding custody and visitation may constitute parental kidnapping or what is called custodial interference. Since you have already reported this to the police, it may be time to speak witrh a lawyer. If your husband had a lawyer during the divorce, contact him or her for advice regarding this situation. Good luck.
(This is information only – not legal advice).
what is the best thing to do the mom of my son doesn’t want to be together and she wants to movie from az back up to wa but i dont want to movie or loss my son what can i do
Dear Norman: We recommend you speak with a lawyer who practices family law. Some of the courts in Arizona have a program where lawyers provide the public advice at no cost. Call your local superior court for information on this. In Maricopa County, for example, the program is once a week, on a first come, first served basis at the courthouse. You usually get 30 minutes or so with the lawyer. It’s called the Free Legal Assistance Program (FLAP). Good luck.
(This is information only – not legal advice).
Divorce papers were signed in Florida, I now live in tenessee. I get my son over the christmas holiday every other year. This year his mother said i can keep him an extra week. Now she has changed her mind. She demands I bring him back on time. I have already budgeted my finances to bring him back late. If I can’t afford to bring him back on time does this constitute kidnapping. Also the parenting plan signed by the judge dictates I pay for all travel expenses.
Dear JP: AsktheJudge is an educational site for & about teenagers and the laws that affect them. We don’t provide legal advice to adults or teens. Speak with a family lawyer about these issues – perhaps the lawyer you had at the time of the divorce. Good luck.
(This is information only – not legal advice).
i am 13 and live with my mother in ohio. my father lives in michigan. they were never married and there is no court order for any visitation or custody. my father wants to see me and my mom agreed to drop me off there with a certain time to pick me up. with no court order does he have to give me back?
Dear Alex: If a court has never been involved with your parents regarding your custody and visitation, it’s up to them to decide these issues. If they can’t agree or don’t follow through with informal arrangements between them, either your Mom or Dad can go to court and ask for specific orders. We can’t tell you that your Dad has to return you or not since we don’t provide legal advice and the answer would be based on the laws of Michigan and Ohio. Good luck.
(This is information only – not legal advice).
I have primary physical custody, but for a few months 2 months let my ex husband have my son live with him and enrolled him in school, but now my son is saying he wants to live with me again, and I found out his enviorment is not stable as my ex assured me. we never changed the custody agreement, but i did provide my sons birth certificate and social security card. Does my ex have a case of kidnapping against me? if i’m still the primary custodial parent on the court documents?
Dear Tricia: AsktheJudge.info is an educational site for and about teenagers and the law. We suggest you contact a local family law attorney for information and assistance. Many attorneys offer a free initial consultation. If the custody orders have not been modified by the court, then the original orders are most likely still in effect giving you primary physical custody, but may depend on the specific laws in your state as well as the facts and circumstances. Good luck.
(This is information only – not legal advice.)
I’m not married,but me and my child’s dad sometimes do not get along. He wants our daughter when he is mad with me. I have primary custody. If he does not give my daughter back could i file for parental kidnapping??
Dear Erika: It could be considered parental kidnapping depending on the specific custody orders and the laws of your state. You could contact a local family attorney who would be able to provide further information based on the laws in your state. Many attorneys offer a free initial consultation. You also could contact the Legal Aid office in your city/town. Good luck.
(This is information only – not legal advice.)