Also When one party goes to another state to visit and does not return , with your child, and has no intention of returning, is this then kidnapping?They have now been gone for 4 mths. He said I will never see my child again and refuses to let me see him.
2006-11-27 13:04:46 · 13 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
yes that is kidnapping and it takes 3 months for the papers to be finalized
2006-11-27 13:07:26 · answer #1 · answered by Tyler 2 · 0⤊ 0⤋
(In Oklahoma) Papers are served as soon as the other party can be found. If the other party is not found after a certain period of time, different for each state, you can divorce them without service. If no custody has been determined by the court, each parent has equal right to the child, if one legal parent absconds with the child, it's not kidnapping, or custodial interference until custody and or visitation is ordered by the court, (you cannot kidnap your own child) however one parent cannot legally keep the child from the other parent unless ordered by the court. As soon as custody is ordered by the court, you will have legal recourse.
2006-11-27 13:08:45 · answer #2 · answered by ihave5katz 5 · 1⤊ 0⤋
If one parent takes a child across state lines without the other parents consent or will not let the other parent see the child or return then I would consider that kidnapping. You need to talk to your lawyer about that even moreso than the divorce...it is all interlinked...and a custody agreement needs to be worked out...if not you can have your spouse charged with kidnapping and arrested...at least they should know that you have the ability to do that beforehand...
2006-11-27 13:12:22 · answer #3 · answered by tigerlily_catmom 7 · 0⤊ 0⤋
I would file papers again him...that is kidnapping...he can not take the child out of state without your permission in writing. Go for broke girl...get your kid back...the longer you are away from your child the worse it will look for you to get custody
Good luck_
2006-11-27 13:11:53 · answer #4 · answered by Chickybabe 6 · 0⤊ 0⤋
I hope that you've reported your child missing.....AND any/all items of info for the authorities. Of course this is kidnapping! Just because he's the dad, does NOT make any difference. Contact the authorities IMMEDIATELY!
2006-11-27 13:36:17 · answer #5 · answered by iyamacog 7 · 0⤊ 0⤋
You need to go to a lawyer and file for custody, they will have you fill out afidavids about what was said, and you will more than likely win custody of your kids
2006-11-27 13:11:01 · answer #6 · answered by Anonymous · 0⤊ 0⤋
It depends on how lucky the process server is at getting him. You need to call the police about the other situation.
2006-11-27 13:06:50 · answer #7 · answered by Chris 5 · 0⤊ 0⤋
You need to file a kidnapping report NOW....tonight....this second!!! With all the crazy sh.. going on these days you may not ever see your kid!! Get off the computer and handle this!!!! Please!!!
2006-11-27 13:09:53 · answer #8 · answered by DREAMY 2 · 0⤊ 0⤋
yes, it is kidnapping. Call the police
2006-11-27 13:08:40 · answer #9 · answered by Jay Jay 5 · 0⤊ 0⤋
In my state, yes it is... Go to your state laws to find out what the proceedures are.. Each state laws are different. I wish I could help more.
2006-11-27 13:08:13 · answer #10 · answered by sheheart77 2 · 0⤊ 0⤋