Its kinda an odd situation isnt it i mean imagine you break up with your wife and you deside the kid is better off with you is this considered kidnap? Or what if the husband somehow puts the wife out of the house and takes care of the kid again is this kidnap? I would like to understand the procedures as my wife has gone out of her mind. I mean we both are the parents sinse court doesnt start right at that moment who decides whether the child stays with the father or mother? Procedures?
2006-09-08 21:26:06 · 13 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
if this is kidnap please explain why it is i need proof like a web site or something that states this.
Yes my spelling sucks lol no need to remind me
2006-09-08 21:27:08 · update #1
Your best bet is to consult a lawyer to be safe as u don't want this to be used against u in court when the time comes.
2006-09-08 21:38:01 · answer #1 · answered by cheetah7 6 · 0⤊ 0⤋
It isn't kidnapping unless a custody order has been made that you cannot have the child. Contact a lawyer right away to get divorce papers filed and seek custody (emergency, if necessary). Otherwise she can file and ask for custody back from you and then you will be in trouble. You can also just file for emergency temporary custody without fleeing with your child. It is probably better for all concerned as fleeing with the child hurts everyone in the end, particularly the child.
Psst: gmonte33 said to contact law enforcement with regard to your wife's state of mind and they could get you a temporary order...not a bad idea to report her but the courts award all such papers. The police only enforce the law.
2006-09-08 21:34:14 · answer #2 · answered by lavenderbluememories 5 · 1⤊ 0⤋
The children should be with the parent that can take the time to care for them more. Also the parents need to be kind to each other and set up time for the other parent to see the children. DO NOT MAKE THE KIDS FEEL LIKE THEY ARE A YO-YO. Let there be plenty of phone call for the children. Don't bad mouth ether parent. Think of the kids 1st. Go file the custody papers and get that all moving in the right direction. GOOD LUCK
2006-09-09 02:51:41 · answer #3 · answered by Leigh D 1 · 0⤊ 0⤋
It's only kidnapping if you've already gone to court and they've awarded custody to the other parent. If your wife has "gone out of her mind" like you say then you need to contact law enforcement immediately. They could give you a temporary order until you can get into court for a divorce/child custody hearing. Fathers have more rights nowadays then they did in the past.
2006-09-08 21:37:26 · answer #4 · answered by DawnDavenport 7 · 1⤊ 0⤋
taking the child without the consent of the other parent for a long period of time is kidnapping. Each state differs on the law so you'd have to check on the laws of your state. Also in general if they leave the state of the custodial parent without consent that is definitely kidnapping. they would be forced back to the state that they lived in for the past 6 months. it's very detailed for each state. your best bet is to call an attorney or get legal consultation.
2006-09-09 00:07:55 · answer #5 · answered by mimi 3 · 0⤊ 0⤋
OK, depending on what state you are in laws may be different then here in Texas. This is a short version of what I went thru and the outcome. I threw my ex out after I found out she was doing drugs in our home while I was at work. I kept my 4 yr old daughter and filed for divorce and asked for joint custody. Then I let my ex take her for a week and when I went to pick her up she stunk to high heaven. I asked my ex why and she said that she had not had a bath all week because the tub was dirty and she did not feel like cleaning it. Then she told me that she had only brushed my daughters hair with her " fingers " all week because she could not find her brush. I called my lawyer the next day and asked for full custody after I told him what happened. Also, if you own your house ( sorry I forgot this in the begining ) tell your wife you want a trial seperation and have a lawyer draw up papers that would give you sole ownership of the house. I did this and told my wife I wanted to make sure my daughter would always have a roof over her head. I had just bought the place about 8 months before and there was no way in hell I was going to sell it and give her half the money............OK, My lawyer filed the papers and during the time we waited for our court date I kept my child and let my wife have weekend visits. I did not trust her to keep her any longer than that. Then during that time of waiting I found out that she was locking her in the house alone and leaving her, taking her to bars for hours at a time, having sex with men in the same room and bed as my child was sleeping in and other stuff that would make you sick. When we went to court I told the judge everything and my lawyer had already documented it. Not only was I able to get full custody but she only gets to see my baby under supervised visits............The point of all this is to tell you that you can get and keep full custody of your child exspecially if your wife has gone off the deep end. But document EVERYTHING and get all your ducks in a row before you go to court. The judge will look at everything you present and decide who the child would be better off with. If you can prove that you are the better parent you will win and your wife will also have to pay child support. Make sure your house is super clean and your pantry and fridge is well stocked with everything a child needs. They WILL send someone out to check you over. I did not know this at the time but when the lady came out she saw that everything was well taken care of. It has now been 5 years and my daughter is doing fine. My ex wife still has supervised visits when she does show up. She had started making threats to me like " I'm gonna have some one kill you " and " I'll take her and you will never see her again" so I got her served with a restraining order to keep her away from us. I also started taping every conversation I had with her on the phone so I could prove these things in court. You may also want to do this if your wife starts making threats towards you. ..........The point is, you can win but it will not be easy. For some reason the courts still favor the mother but dads now days have a lot more rights then we used to. Good Luck and if I can help you at all let me know.
2006-09-09 01:25:34 · answer #6 · answered by Anonymous · 0⤊ 0⤋
It's not kidnapping. It's a decision to keep your child with you instead of her during your separation. If the child is very young, say under 10 or so, and most of his care was in his mother's presence...you could be causing great pain to your child and to the mother.
The courts will decide custody based on evidence presented in court.
2006-09-08 22:06:48 · answer #7 · answered by Anonymous · 0⤊ 0⤋
If there's a court docket order for visitation in place and he does not comply, sure he would be charged with kidnapping. whether she's in detention center and he merely takes to the air and not employing a court docket order, she would have the ability to report to have the youngster decrease back whilst she gets out of detention center. If it happens that way, it very properly would effect his probabilities of having custody in any respect. My suggestion would be for him to get custody via going to court docket. as long as he has no longer something questionable on his checklist, he gets custody if mom is in detention center.
2016-09-30 12:17:45 · answer #8 · answered by ? 4 · 0⤊ 0⤋
I cannot be sure but my cousin's boyfriend took their son and wouldn't let my cousin take him.
And when my cousin called the police the police told her as long as he is the parent of the child he can keep him until the court date arrives.
2006-09-08 21:30:05 · answer #9 · answered by jenn 3 · 0⤊ 0⤋
if at alll done with out the consent of the child if he/she is mature enough to say that .and he is not causing any harm to the child or his wife or threatning any one of them
otherwise he is father he has all the rights to take his child its not kidnap
2006-09-08 21:29:24 · answer #10 · answered by sarah 2 · 0⤊ 0⤋