if you are old enough and move away with your mom and sister, can your mom get convicted of kidnap?

Question

ok, if you, your mom, and you sister are in a bad situation at home can she be convicted of kidnat? but both me and my sister are old enough to say who we want to live with. my dad is a control freak, mental abuser, and some times a physical abuser. if we move to a different state to get away from him can she get in trouble?

Answer 1

Well what are you saying IS old enough to determine who you want to live with? The court often says a 13 year old can decide. But you still have to have a court make that legal.

Can your Mom be charged with kidnapping? Yes she can! Because until it has been determined in a court of law that your Father is unfit or abusive he still has parental rights. And he can file a missing persons on his family to start the process of legalizing his rights.

If what you say is true about your Father then your Mom should seek a TPO (Temporary Protective Order) right away. This would keep your Father away until you go to court and PROVE what you say as far as him being mentally and physically abusive.

However........she can NOT just take you and your sister and run...by law.

If your Mother feels that she, you and your sister are in imminent danger for your lives then by all means seek a separate and secret place of safety.

But your Mom should go through the motions of legalizing this move to protect herself from being charged with kidnapping.

Take care to cover yourselves legally if your Mom has chosen to remove you from the home.

Good luck to you and your family............

Answer 2

IN this very difficult situation it's best to call in a third party.Social services,or a minister,or a counselor,such as an attorney.If you are being abused call the police.This is a stickey problem that you need to think about for your future as well.My sister's second husband was a good man in the beginning of their marriage.Then all of of sudden his personality changed.What we didn't know was he had a brain tumor.Well about a year went by and the abuse continued,she started to divorce him.I told her to stick with him a little longer,and wednesday before thanksgiving 2001,he and she found out he had a brain tumor,inoperative.He died 30 days later and left her a million dollars.If this is just a spat that the two of them are having you might want to take a good look at what's going on and not react so quickly.Most of the time when someone's personality changes it means that they don't feel good.If your Mom leaves him and you go with her and cut your ties with him you will loose half your parents.If he's sick and needs help he could very well be,heart problems,diabetes,pain etc.then he could get his health straighten out and might turn out to be an OK guy.Ask him sometime how he is feeling and see what he says.If he is drinking or druging,then I would say to go to the nearest domestic violence shelter and file papers against him,they will get him some help.Why should you guys have to be the one's to leave?With a good attorney you can make him leave.

Answer 3

The answer is no. As long as your parents do not have the custody agreement, one of them can always take you away until the parent obtains full custody from court. However, if you girls are at least 16 or 18 (depending on state law), you should be able to decide which parent you want to live with. If not, try to encourage your mother and sister to seek help from outside source, such as relatives and friends or family abuse center. They can provide temporary/long term shelter for you guys. It can be a very scary situation. The longer you stay, the more the psychological damage. If it ever escalates in any way, call police and file a report. I am not saying that it will improve the situation, but it's the best to arm yourselves with extra protection. Do not be afraid to call. Sad to say, sometimes family relationship is not important when it concerns your fight to "stay alive" at home. Meanwhile, give your support to your mother and sister as much as you can even if things do not work out. It is up to your mother to leave her husband. If she does not do it for financial or emotional reasons, then it falls on your shoulder to get yourself and your sister out. Be strong for yourself, your mother and sister. Hang in there.

Answer 4

You, your mom, and your sister need to go directly to a battered women's shelter right now -- and start talking and don't stop -- ever. Tell everything, the way he is mentally abusing you, the days you were physically assaulted, the times he battered your mom -- and keep going on and on and on. It would help also if you have previously documented this abuse of you, your sister, and your mom to the police (maybe your mom is not yet strong enough to realize (after being beaten down for some time) that she CAN make it on her own). I used a planner to write down when my ex did abuse, took photos, and even waited around to get a copy of the police report I filed each time (and kept staying in the police station until they either kicked me out or accepted a report). Write that down too in the planner. It is a clear track of abuse that will mean the difference in the safety of you, your mom, and your sister.

These shelters do have some services available. I know that telling the story to the police is very difficult, and the police do not help as much as they should (and even do refuse to take abuse complaints) but keep trying.

The next time he hits you, your mom, or your sister, pick up the phone and dial 911. It does not matter -- just dial. Then be prepared to tell your story over and over and over again.

Sometimes the judge will allow you to tell them where you want to be -- and make it clear to the judge that you do not want to be with your dad and WHY.

the rest of the problem rests on your mom's shoulders. She needs to realize that staying -- the physical abuse does not ever get better -- in fact, it WILL GET WORSE. The Violence escalates, the time between assaults gets shorter, and because he already is violent (and she still stays with him), YOUR MOM is putting all of you in danger.

Give your mom the phone book now -- and (if she needs it) make sure you have the phone number of the Battered Women's Crisis Center on you too. NO ONE deserves to be battered, and no one deserves to be abused.

Answer 5

Jenny,
If your mom has legal custody and there is no objection from your father then she is free to move any where she wishes with you and your sister. However, should your father object to the move then there would need to be a court hearing to determine is the move is in the best interest of both you, your sister and a general improvement in your life. Below are links to the laws of Nebraska. If your mom can corroborate a good reason for the move that would be acceptable to the courts then there should be no problems.


http://www.neequaljustice.org/Home/PublicWeb/Library/Index/1390000/1310100/index_html


Best of Luck!

Answer 6

No you'll make us consider matters which we don't seem to be predisposed to feeling... someplace alongside the road you made a decision to make your self FEEL in charge on your sister, and probably others. Truth is, you can not difference or manipulate and even HELP any person however your self. Helping others time and time once more, on the whole is not efficient "support", however as an alternative permitting and codependency. You dont' want it. You don't must provide an explanation for, rationalize or supply causes for what you do as an grownup -- on this case, relocating to an extra town. It's a selection you're making for anything motive.... and it is yours. If your sister is not retarded, then she will be able to deal with her possess disorders and existence "stuff"... you can not support her or repair her simply. So, give up explaining each and every transfer you are making... and are living your existence as you notice are compatible. You can discover extra understanding for support online when you do searches for the next: SETTING PERSONAL BOUNDARIES CODEPENDENCY ENABLING take care (you dont' must have a character with an dependancy quandary on your existence to have a codependent dating, incidentally). hugs

Answer 7

yes..if your father has custody/joint custody/or visitation rights..then ur mother will go to jail and u will go into foster care. What u need to do is report his abusive behavior to the police depatment in his town..then ur mother can file for sole custody and as long as she is a "fit" parent you will be ok. And when u call the cops u will be removed from the home and be sent to stay with your mother until things go thru the courts.

Answer 8

It depends on whether your parents are divorced and the terms of their child custody arrangement. Yes, if your mom takes you across state lines in an effort to escape from your dad and she does not file a restraining order, then he can claim that she kidnapped you and she can be arrested. I'm sorry that you live in such a mixed up family. If you came to my house, I'd hide you from him.

Answer 9

No. Your mother has a parental authority and responsibility over you. It will not be considered a kidnapping. It may be considered a MISSING PERSONS, however.

Your mother really need to contact the authority... domestic abuse is a crime and it will not be tolerated. Suggest to your mother that she needs to call the local sheriff's NON-EMERGENCY number and start the process. If you or anybody is in immediate danger, call 911.

Answer 10

Does your mom or dad have custody?? Are they still married. It is something your mom should look into. But there is help out thier for people trying to get out of abusive relationships. Take care of yourself and good luck.