Parental Kidnapping

Question: Parental Kidnapping? The Battered Women's Legal Advocacy Project (http://www.bwlap.org/) states that: Parental kidnapping is the practice of a noncustodial parent taking a child from the custodial parent from one state to another without court permission or in violation of court orders obtained through a divorce or custody hearing. What is it called when one parent (custodial parent) takes the child out of state without the non-custodial (who has court ordered visitation) knowing until after the fact? What can be done in order to get visitation back. Address and phone number for custodial parent are available, but phone calls are not returned.

Answer: I believe (I could be wrong) depending on what state you live in, if the visitations were court ordered then the custodial parent must give the court notification that they are leaving state.I think you may find this link answers your questions much better. Best Wishes.

Question: PARENTAL KIDNAPPING?!? my spouse and i have been trying to locate my 12 yr old stepdaughter for the last 5 years and have been unsuccessful in doing so, what rights do we have can we press charges we know she is with her mother but we dont know how or where they are and have been trying everything...its for north/south carolina,,,,,

Answer: I hope I understand this correctly. You're trying to locate a child that is not your biological offspring. The child is with her biological mother. I guess you were once married to the child's mother. And then divorced. I assume divorced because you now have a spouse. And if there were no provisions in the divorce decree regarding your rights, then you do not have any rights concerning the child. If, on the other hand, you do have rights as outlined in the divorce decree, then you must bring that decree to the state in which the mother and child live, and ask the court of that state for inforcement. Sometimes one state will honor another states decree's, and sometimes they will not. Good Luck.

Question: Is it fair that the following is parental kidnapping under US law yes or no? Is it fair that the following is parental kidnapping under US law yes or no? A German mother takes her US born daughter back to Germany with out her American fathers consent. But because the little girls (only seven years old & a citizen of Germany & USA) say that she wants to live with her German mother in Germany & never want to see her American father ever again the German courts gave what the child wanted (ordered her to live in Germany with her mother & bars her American father from having any contact with her).

Answer: You may not think it's fair. The child herself is only 7. Such a strong decision for a child to make. It's hard to tell from what you have said, why she would dislike her father so much and why she would want to be so far from him. Because, at the end of the day, a child so young only has your actions to go by. You have to deliver a strong case as to why you want to take the child so far away from her father and hope that the law is on your side, whatever your reasons are.

Question: How to avoid parental Kidnapping? I am wanting to leave my abusive husband (abusive to me and the kids) and move out of state. I have family that can and will help us. Once i get there i am going to file for divorce. But i am afraid that if i leave with our daughter I will get hit with parental kidnapping.. Does anyone have advice for me..

Answer: While your husband is out of the house or sleeping, pack and load the kids into the car and leave. Send your husband an email stating how he me contact you by email. You might want to open a new email account specifically for this. Legally (in California anyway) all you need is "contact information," not location. It is not kidnapping as long as communication is maintained. Good luck.

Question: what are the laws on parental kidnapping in wisconsin? I have a friend who is having problems getting her son from his father, but they have no custody hearings. He wont tell her where they are or even a number to reach them. What can she do?

Answer: Someone needs to go to court and get it established. Without that there really is no kidnapping.

Question: What is the statute of limitations in Illinois on parental kidnapping? I have a friend who married an American and had a child with him 20 yrs ago. She is Swedish. Her husband subsequently started beating her and she got scared and fled the country with her child (who was 1 at the time), changed her name and now resides in a different country. The child now wants to come to the US and claim his citizenship but she is afraid that when he applies for his US passport, she will be found and then extradited to the US for punishment of this crime. Is this possible or should she not worry? Thanks for your answer!

Answer: What is the crime in taking your own child to another country? Even if it was without the other parent's consent? There are laws in place addressing that now, but I doubt there was anything on the books 20 years ago addressing it, and that's what she would have to be prosecuted on....the law 20 years ago. Unless she divorced him before she left, and violated the terms of the divorce decree and parenting plan, she probably won't be charged with anything.

Question: what is the definition of parental kidnapping and what does the law do about the person who does this? what charges can the other parent bring against the parent who kidnapped? what about if the parent kidnaps the child to another state are there laws about that?if one parent knows the other parent is on drugs and the child is in danger what can be done about this?please help if you know.What about a lawyer for the child?

Answer: In cases of parental kidnapping, the appropriate criminal charge often is "custodial interference." That offense occurs when a person knowingly deprives a parent of his/her custody rights. In many states, if the person returns the child before the criminal case is concluded, the charges are dismissed. The parent who is being denied/deprived of custody should contact the police. If one parent suspects the other parent is endangering the child (exposing the child to drug use, neglecting the child, etc), the police or child protective services should be notified at once. Should the matter result in a custody dispute in court, the court often will appoint a lawyer or a guardian ad litem for the child.

Question: What to do about a parental kidnapping, and police won't help? The police refuse to get involve! This woman I know, her 23 year old child recently completed a 4 year enlistment with the Navy and was expected to move back home. He moved in with his father (her ex-husband). Her ex-husband was not granted custody (in 1988). I believe her ex-husband picked him up in San Diego. She was livid and very upset. My personal opinion is that, a bonus for him to enlist was to get away from her. But, I would not tell her that.

Answer: No one is a child at 23. Or after 4 years in the Navy. He is an adult and can do what he wants when he wants. The police arent involved because they are lauging their bumms off. A father can't kidnap a 23 y/o that wants to live with him. This is a joke, right??

Question: What is the Parental Child Kidnapping law in North Carolina? My best friend has a 2 month old with a drug addict. They have never been to court and never been married. She wants to come home to another state to get away from him, but he says he will get her for kidnapping. Can he do this even though they have never been to court, there are no custody papers and they were never married? Does anyone have a website I can find this on? Thank you so much!

Answer: Without a court order, custody is automatically 50/50. One parent can't remove a child from the other without consent, however, this is not kidnapping. A parent can never kidnap his/her own child unless they have signed away all their rights. This is custodial interference. If she moves without his consent, he can file for custody in the old (his) jurisdiction. He will be granted some form of custody (50/50, 70/30, 100%, whatever). He can use this order to file a petition in her new jurisdiction to exercise his rights of visitation. Once he has the child, he can do the same thing to her, only he will have a legal document granting him that right. She will then have to go back to the state where the child came from (father's state) and get the order modified to allow her to move out of state with the child. One thing should be made abundantly clear here; IT IS NOT HER BABY! It is THEIR baby. It doesn't matter if he's a baby-raping ax murderer, he has EXACTLY the same rights as she does until a judge says differently. He may be a drug addict, but she chose a drug addict to have a baby with. Not being married, no custody hearing, etc does absolutely nothing to diminish his rights. His DNA is all that matters in court. He is on a higher moral footing than she is. Her being the mother is absolutely irrelevant in the eyes of the law. What she needs to do is go to court and establish paternaty. She will get an order of support and a visitation schedule. Then she can request to move out of state with the child. Whether she likes it or not, she is tied to the father for the next 18 years. If she made a bad decision, that's her fault. She is not the victim of him; the baby is the victim of them both. Like I said, she picked him. Now she has to suffer the consequences.

Question: Is it possible to just leave with a child or is it classed as Parental Kidnapping? if there is no custody agreement then is it possible to just run away?

Answer: No custody agreement does not mean you can just take your kid and run away. It would be parental kidnapping.

Question: What are the wisconsin parental kidnapping laws? I have a friend who is having problems getting her son from his father, but they have no custody hearings. He wont tell her where they are or even a number to reach them. What can she do? She has already contacted the police and they told her they didn't know the correct laws on that?

Answer: parents have equal rights unless custody is adjudicated by the courts

Question: Can a parent be charged with parental kidnapping if the parents are still married to each other? If one parent decides to take their children from California to another state-either for an extended visit with relatives or because they feel their children are in physical danger from the other parent-and it's against the other parent's wishes, can they legally be charged for kidnapping, even if the parents are still married and both have legal custody of the children?

Answer: I went through this a year and a half ago.. My ex went nuts and physically attacked me in front of our then 2 1/2 year old.. Scared and not knowing what to do (all my family is 250 miles from here), I went straight to the police. They said I had a period of 14 days where I could go anywhere.. but, by the end of the 14 days, I either had to hand her back to him or have papers filed (or it would be parental kidnapping). I chose to file a restraining order and stay nearby.. You need to call your local police department and ask them what the terms are for your area. Your children are too important and need you to be there for them.. don't mess around with this. If you are truly afraid, file a restraining order and go somewhere safe - a women's shelter is always available! ** by the way... we were still legally married when all the above happened.. he's my ex now!

Question: In MI is it parental Kidnapping if the child is in danger? My daughter is in danger and if we don't return her will I be charged with parental kidnapping? Her house has been shot up by unknow un found people. Her mother had a convicted sexual offender sleeping on her top bunk, she has been in a car wreck when her mother thought she could be in the front seat with no seat belt and was injured. As a father and step-mother we've had enough and don't want to return her to these circumstances. Our daughter has also stated that she wishes to live here because she's scared. What do we do?

Answer: From what you are saying here i would file for custody of her and do whatever it takes to get custody. I wonder why you haven't tried by now unless there is more of a problem then you are telling. I wish you luck and hope things can turn out well for you and your daughter.

Question: Is this parental kidnapping in Tennessee? My wife and I are separated, both living in the same Springfield TN. I have been caring for my 11 yr old son since Jan.1st 2010. I've been giving her visitation, but this last time, she kept him and is saying he is living with her now. I'm currently working on getting a lawyer, but need help with the legality of the situation.

Answer: It isn't kidnapping unless you have a court order that sets out child custody arrangements and spouse is clearly in breach such that criminal charges might be laid. Keep working on getting a good, experienced family atty to craft an order you can both live with. In the meantime, if you speak with ex, remind her that it's not in child's interest to deny you access to the child w/o reason and that the court takes a dim view of same - something that may very well arise in your favor when you go to court. One doesn't want to be threatening but at the same time, it's very wrong to deny child access for no apparent reason.

Question: If I have custody of my child, can i be charged with parental kidnapping for moving out of state of indiana? father lives in indiana , never married him, never had contact until child was nine when i took him to court, i have sole custody he has visitation. I moved out of state , only lived there 4 months prior to hearing, then came back to florida where i lived for 5 years because i lost my job there because of transportation issues.

Answer: You can't be charged with kidnapping as long as you continue to uphold your end of the visitation.

Question: how can i avoid parental kidnapping charges in cail and i wanna take my son to chicago?

Answer: a) don't get caught b) get permission from the custodial parent or from the judge prior to going to Chicago

Question: How can I find out information regarding Parental Kidnapping in the state of Colorado? My boyfriend had custody of his 2 kids and while visiting their mother she refused to return them. The police said they would not get involved and said he had to take it up with the court. The court system has been jerking him around for over a year now. We don't have much money to spend on a lawyer so any advice or if anyone knows of a lawyer that does pro bono would be greatly appreciated.

Answer: I still can't believe police won't get involved in things like this. But anyway, If you can't find a lawyer that does pro bono work (honestly that's usually for the movies these days) then you need to make some sacrifices and pay for an attorney. They're his kids, for God's sake. Cancel cable or something and work out a payment plan with the attorney (most will do this.)

Question: I am giving a speech about parental kidnapping.I need to know how many children were kidnapped last year?

Answer: http://www.slate.com/id/2157738/

Question: What's the penalty for parental kidnapping across state lines? How about out of the country?

Answer: Well they are charging one woman with human trafficking for taking her kid (in Illinois), so whatever it is, the DA don't eff around.

Question: is it considered parental kidnapping if still legally married? i am deploying next week and my husband has our child. i don't know where they live and he plans to take the child away while i am gone. i have filed for divorce due to domestic violence but i don't know what to do about this. idk is it kidnapping if we are married and still share the same rights to the child. does anyone have any advice for me? he wants to change our kid's social security number so i can't find them when i return. he's been arrested three times for domestic violence and that's why he hates me so much. like it was my fault or something.

Answer: CALL a lawyer right now and get legal advice BEFORE he does any of this!!!!!! Lawyer may recommend involving the law and having it on record. GET him before he gets you!