If a woman picks up and leaves her husband and takes the baby with her, is that considered kidnapping?

Question

What if the crazy bastard was abusive? There is no legal seperation through the court, but she just picked up and left. She won't allow him to have visits because she fears for her safety and doesn't want him to know where she is living. Can he press kidnapping charges and take the baby because she won't let him visit? Does he have a right to visit?
Anyone with legal knowledge please help.

There is no proof of abuse from police, hospital, or pictures but there are witnesses of bruises.

Answer 1

If there is abuse going on the first thing she needs to do is report the abuse to the LOCAL police where the abuse occurred. The new city she is in will not help. Only the Police Department where the crime occurred can help. She can do this on the phone, by calling in and asking to speak to an Officer. You might need to be persistent and tell them that you need to get some advice. She needs to start some documentation of what has been going on, otherwise she will have no ground to stand on later.

It is not kidnapping, if there is no custody order. But, you can not intentionally keep a child from their father. They have a right to reasonable phone and contact visits, and you can be charged for this. Unless, there is abuse or something else going on...as in her situation. But, she needs to get help from an Officer so that she can get some documentation and start the process of getting a restraining oder.

An Officer can also issue you what is called and EPO-Emergency Protective Order. If you are fearful for your life or your childs. The Officer just has to call a judge and explain why you need this then a judge will issue it over the phone. This will give you some time to get everything else in order, since EPO's are usually only good for 30 days or so. But, don't hold back on what has been going on~sometimes people are embarassed and don't say all the details. They need to know why you feel that you need to be protected!

One more thing. I am a female that works in law enforcement. Unfortunately, we see Domestic Abuse daily, and see so many people who don't want to make a change in their lives. I am not saying all Officer's but some have been hardened to this. And, they may try to get out of helping you. You need to stand your ground and be persistent. You have a right to have a Police Report being taken. Just demand that the Officer take the report, or at least document for you that you called, and what has been happening. Most Officer's are more then willing to document anything. Since it requires not much work on their part. Make sure to ask them if they could just document in the computer that you called, and then ask them for an incident number~or the document number. It is similar to a police report number, but will just be for documentational purposes only. Meaning they aren't going to investigate or do anything for you. But, at least you will have it document. You can actually pick up a copy of a document report, and then take that with you to get your restraining order. I hope all this helps.

Also, please be remember that this is how it works in the State I live in. You can contact me if you have anymore questions. You do not need a lawyer like so many people are stating, especially if you can't afford one. There are lots of legal services out there that can help free of charge. You might also want to go to a Woman's Shelter. They can keep you there, and will not disclose your location to anyone, and can help you with all the legal steps along the way! God Bless!

Answer 2

Nope in all situations the mother is the legal guardian, you can go anywhere you want with your child. If the father took off and took the baby then that is kidnapping and since there is no court thing yet you don't have to let the guy see your baby at all. there is nothing he can do except get a lawyer and have a court date set for custody and then he'll get like every other weekend thing but don't worry in the eyes of the law you have every right to leave with your child

Answer 3

In Canada, if you take your baby and move in the middle of the night where the spouse can't find you, it's kidnapping. Both the mother and the father have an equal right to the child. If the father is abusive, have him charged, ask for protection, and let the police get him out of your hair. And yes, "Ottoman" you CAN kidnap your own baby! That's the same kind of assinine thinking as "you can't rape your own wife". Why do you think you see pictures of children all over milk cartons? It's not just kids that are picked up by strangers, it's kids whose parents hightail it out of the country with their kids, rename the child and the parent left behind can never see their child again.

Very selfish and very illegal.

Answer 4

Immediately march into your local courthouse, the clerks office, and file an affidavit for a protective order. There is no charge. The instant the temporary ordered is issued, even though he has not yet been served, the order is in effect till the court hearing. Bring wirtnesse of the abuse and violence to the hearing. The hearing will be scheduled for a few days later, and he will be served notice to appear. If he does not appear you win all your charges by default. At that hearing the judge will also rule on the custody issue. Do it by the book.

Answer 5

You need a lawyer. But here's some basic information for you.

When you left with the baby, it was abandonment. You abandoned your husband.

Now, there were extenuating circumstances (abuse) but there has to be supporting proof -- such as police reports, eye witnesses, etc. Also, did you get an Order of Protection against him?

Now, if a judge granted your husband joint custody of the child or visitation rights and you've refused you are in violation of a court order and could go to jail and lose custody of your child.

So get yourself a lawyer, if you don't already have one, and good luck!

Answer 6

As long as there are no court papers stating that one or the other has legal conservatism, no it can not be considered as such. I give you kudos for leaving the situation because 1) its not healthy for you 2) not good for the baby 3) if hes hitting on you then he will more than likely do it to your child at any given point and time. I recommend you get help through the local Legal Aide in your area. They will give you legal advice and probably will help you (pending on your financial income) with child support from him. Congrats from getting away from an abusive person, no one deserves that at all.

Answer 7

Yup - if he wanted to give the woman hell he could certainly call the cops and alert them that his wife took off with the baby. He could also get a good lawyer and potentially get custody because of the whole "kidnapping" thing.
If the abuse was documented - i.e. hospital visits, pictures, and/or police reports the woman has a better chance of keeping full custody and protecting herself. Either way, she needs to get a good lawyer ASAP and start the divorce proceedings. She needs to cover herself and her child and make it known she isn't "kidnapping" the baby, but that she is genuinely in fear of her life/the life of her child.

Answer 8

It really depends..Is he a crazy abusive bastard or, just parental instinct to worry about the baby?. Not so much to the kidnapping charges but, do look towards child endangerment. Not knowing the welfare of the child or who is watching the child is enough to file a police report. That way if something should arise theres a report in regaurds to the baby or mother..Just have to reverse the situtation and think about what you would do..What would she do?

Answer 9

No, if she can prove abuse. However, she should probably get a lawyer, and go to court for custody and legal separation. And, No she doesn't have to let him visit until a legal visitation schedule is made. If it is you, your best bet is to call a women's shelter immediately, as they can put you in touch with a lawyer who specializes in this kind of thing. in fact, if you fear he will find you, find a shelter. they don't allow ANY men on the premises, except the police.

Answer 10

Please don't listen to the Yahoo Experts who really don't have a clue... EVERY STATE has different laws and yes, in some states you can be charged with kidnapping even if it is your own child if you cross state lines. You need to seek a court order of protection if you believe you and your child are in danger. You should also be able to find legal aide for free in your state.