I was told today that If I moved then I would be charged with a felony of kidnapping and I could possible go to jail is there anyway to beat this! This man is crazy I live in Minnesota! My children's father has visitation rights to see the boy once a week! My next court date is not until March of 2007!
2006-10-10 11:05:06 · 13 answers · asked by jcaffey49 1 in Politics & Government ➔ Law Enforcement & Police
OK 1 a TPO is only as good as the paper it is written on go to the judge and try to get a new trial date. This is a continuous vicious cycle and many times ends in tragedy. You would not be charged with kidnapping as you are the custodial parent but you could be charged with contempt since he has court ordered visitation. Still your life and your child's life are in possible danger and that should be taken into account if not you know what if he is abusive good for you by getting away from him. Move even further to protect yourself and your child. My 28 year old daughter was murdered by her Bf in 12/05 I knew they argued and found out later he was abusive and he shot and killed her during an argument when they were going to break up. Good Luck and god Bless you DO NOT go back to him ever
2006-10-10 11:15:12 · answer #1 · answered by katlady927 6 · 0⤊ 0⤋
You could risk getting CSD involved, but they might just take your kid :( You should be able to move as long as you do not hide where you are going and give notice. If you feel that your health or the health of your child is at risk there are avenues to protect both within the law. If your child is old enought to know what is going on, you might be able to get him into some kind of temporary foster care or protective state custody and then you can hide out until the next court date. Safety is the most important thing here. If you break the law you could end up in jail and with your ex having total custody... Good luck...
2006-10-10 11:24:09 · answer #2 · answered by wtonysimpson 2 · 0⤊ 0⤋
If the move is far enough that he wouldn't be likely to exercise his visitation rights, and you let him know where you're moving, you've fulfilled your requirements and can't be charged with kidnapping, since you are the custodial parent.
Make sure you file records of each and every incident of violence against you, and get the police to intercede on your behalf with a restraining order, etc.
2006-10-10 11:13:01 · answer #3 · answered by JenV 6 · 1⤊ 0⤋
If he told you you can be charged, that is not true. You need to contact your lawyer and get it clear about what you can do and not do under the law. Alos, if he has made threats you can file a police report and that will help in justifying your case should it come to a hearing with a judge. Good Luck. no child should be witness to abuse.
2006-10-10 11:10:37 · answer #4 · answered by Snuffy Smith 5 · 1⤊ 0⤋
Whenever possible have someone there when the son's father comes to pick him up. You really need an attorney (I know they are expensive) so try legal aid to assist you in staying safe.
I agree that a restraining order is needed also. Be care full.
2006-10-10 11:10:33 · answer #5 · answered by sideways 7 · 0⤊ 0⤋
Regardless of your complaint, you have to choose a remedy that is legally acceptable...and cannot just scoop up the kids and leave without threat of criminal repercussions. Bottom line: Do it legally, get advice if you need it, use community resources for protection and/or counseling on what to do, but it would be ill advised to make a custodial decision on your own and act upon it. You would be handing your estranged husband a good argument for his side when the next court date comes around.
2006-10-10 11:11:40 · answer #6 · answered by nothing 6 · 0⤊ 2⤋
If you go to your nearest police station I believe they can address you to a police Social Worker that can help you for free and give you the best advice.
In case this does no work go to your District Attorneys office they will tell you what to do.
2006-10-10 11:19:13 · answer #7 · answered by Anonymous · 1⤊ 0⤋
I think you should file a restraining order and if he is abusing your son too then you should try to get all of his rights taken away so that you have sole custody of your child.
2006-10-10 11:10:45 · answer #8 · answered by beauty 4 · 1⤊ 0⤋
File a restraining order.
2006-10-10 11:06:53 · answer #9 · answered by ? 4 · 0⤊ 0⤋
Maybe true, but maybe your inability to empathize, for example imagine how you would have felt if he had custody and took the child out of state, is the real basis for your easy to make but difficult to defend against, complaint.
2006-10-10 11:19:44 · answer #10 · answered by Anonymous · 0⤊ 1⤋