Kidnapping charges?

Question

I am married to an abusive man and I want to leave the state of Ga with my children to get away from their father. Can I be charged with kidnapping my own children?

I am wanting to go to South Carolina

Answer 1

I think it all depends on the judge.My best friend escaped an abusive relationship and fled to another state.When he found out where she was,he forced her to come back for a court hearing.Luckily we didn't bring her kids along back because he already had papers drawn up giving him custody in that state.She had already gotten custody in the state she fled to.If the kids would have been with us,he wouldn't have taken them.She endured a long court case for custody of these kids.She eventually lost both of them.All his lawyer kept bringing up was "this poor poor man had his children stolen from him..boo hoo"I think the judge was sympathetic towards him because he was in the military or he was paid off.All I mean to say is there is no clear cut answer to this situation.I'm glad for those it worked out well for,but you just never know what will be used against you.The children are the ones who suffer.

Answer 2

I did it, Leave before you file for the divorce, this way there is nothing that can be done to you. The only way you can not leave with your children is if there is a court order that says that you cant.

Once you get to the state you are going, file for a divorce,and file a restraining order against him, this way your husband can not come and take the kids out of the state you are in now. If you don't file when you get there, he could find out where you are and come get the kids and you could not do anything about it.

Answer 3

I doubt it because parents can't be charged with kidnapping their own kids unless the other parent has full custody. I'd speak to a lawyer beforehand thought to ensure your rights are protected. If you can't afford a lawyer, enquire at a women's aid facility as they are used to questions like this and will be able to help you in other ways. Good luck.

Answer 4

I used to would desire to handle subject concerns like this each and every of the time. touch your community regulation enforcement, city PD, county sheriffs dept, whoever has jurisdiction the place the grandparents stay. clarify the region and ask for an officer or deputy to accompany you to %. up your baby. in maximum circumstances, they're going to accomplish that. After that, each and every physique right here who has suggested look for criminal advice from a qualified lawyer is solid on the button. At this ingredient, considering the fact that she is a determine and hes willingly left the youngster in her mothers and fathers care, i don't think you will desire to press for kidnapping, even nonetheless in the event that they proceed to disallow you, the different determine, from seeing the youngster, you would be waiting to press for "unlawful detainment"... back, ask your community regulation enforcement to verify. And for the sake of your baby and the ugliness and bitterness it is probable to ensue, make constructive that an officer advises them of what rates you will desire to record, and then do not record them. it will make you the extra valuable guy for it and would earnings you some factors interior the long term in the event that they understand which you would be waiting to have achieved it and chosen to be the bigger guy and enable the difficulty circulate.

Answer 5

Done it myself-no!!! It is only kidnapping if he has custody or it is his visitation time & you won't bring them to him.

Answer 6

inform the legal authorities before doing that

Answer 7

Only if he has legal custody.
Good luck!