Kipnapping law's in TN?

Question

I have a friend who cheated on his wife, They have 2 children together. When the wife found out. She took the kids and moved to California, without filing for divorce. Do'es that constitute kipnapping in the state of TN?

Answer 1

Parental kidnapping is an issue that has received a lot of attention in the media during recent years. As a result of this publicity, legislation has been passed in every state and by the federal government trying to stop this ugly situation. If you are unhappy with a court ruling on custody or visitation, do not take the law into your own hands by taking or keeping your children in violation of a court order. Sooner or later, you will be caught. And when you are, the judge in your divorce case will not be pleased. Also, the judge in your criminal trial will not be happy to see you either.

Many parents who kidnap their children lose their custody and/or visitation rights for a period of time. Some go to jail, which also hampers visitation. The kidnapping parent can be limited to supervised visitation -- which means the children can only visit that parent while under the supervision of an agency or other person that the court trusts - with the visiting parent usually required to pay a fee to the supervisor who is keeping an eye on that parent. You do not want this.

If your children have been taken or retained by their other parent in violation of a court order or against your will in the absence of any court order, you need to get legal help right away. There are many ways to track down kidnapping parents, and it is usually easier to find them when the trail is still fresh.

Answer 2

That's pretty much kidnapping anywhere, I think. Until a seperation or divorce settlement is reached or there's some sort of court order, both parents have equal rights to custody of the children.

This is provided she didn't inform the husband where she was taking them.

Answer 3

No, because you aren't married and there is nothing that is defined that either of you have sole custody of the child to begin with. Odds are, the kids won't be taken away from the Mother. That's just the way it usually works out.

Answer 4

it is kidnapping but wouldnt sit fit in front of ajudge the only thi8nk the father can do is file for divorce and go to the family court for a order a recovery order of those children

Answer 5

not if they didnt they go to court first. because all the police would know is that she is the kid's mom and that she just left her husband and going to the process of getting a divorce. and moving out is the first step.
if she left and that was it. then its up to her. since she is mom.
its called a separation first. then file for the divorce. then they talk about custody and visitation. if the court sees that he (husband) is to have visitation then they will have to decide how the costs would be split or one person pays.

Answer 6

That is a federal crime of course since state lines were crossed. Probably 20 years to life.

Answer 7

Your friend needs to contact a lawyer and find out but i think so. Have him contact his Attorny Generals Office as well- they can probably give some good advice on what to do.

Answer 8

nope it's not called kidnapping. Sorry. you have to be divorced if they are legally still married then she is doing nothing wrong. he needs to call the cops and ask them but I don't think they can help him. tell him to file for divorce.

Answer 9

I don't know about TN but in most states it is. Tell him to contact his lawyer and then the cops.

Answer 10

Even though it's her kids without promission of her husband it is kidnapping. That goes for every state.