Weird feeling that my sis in laws hubby is about to leave with their daughter. (They are seperating) Can he leave the state with his daughter or is that kidnapping?
2007-01-18 02:28:23 · 20 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
They are in the process of seperating but currently still live together.
2007-01-18 02:39:50 · update #1
It's not kidnapping because if they get a divorce both sides have the right to the kid. It will be kidnapping if your sis in law and her hubby go to court and the kid or the court decides they want to stay with her instead of the husband. If he leaves the state with the kid after the kid decides to stay with her or the court decides that then it's kidnapping.
2007-01-18 02:33:09 · answer #1 · answered by Mina 2 · 1⤊ 0⤋
As long as they’re married and there is no court order in place (and she can ask for a temporary custody order once they separate) then it’s not kidnapping. At this point, he has equal custody of the child and therefore it is not illegal for him to take the child anywhere he wants (and she could do the same).
So, it’s not illegal, but it’s also not smart. If he takes the child, she can go to court and request that a judge order that the child be returned to the state, and such a request would be granted. This would also likely come back up in the hearing to determine permanent custody/visitation and the judge would not look favorably on Dad for having done this.
2007-01-18 02:40:09 · answer #2 · answered by kp 7 · 1⤊ 0⤋
She needs to get her butt in court yesterday!!!!! A stay can be put on commuting the child out of state during the proceeding and then, yes it could be called kidnapping.
2007-01-18 03:24:28 · answer #3 · answered by mike w 4 · 0⤊ 0⤋
I do not know... Have her talk with a lawyer and they need to agree upon custody issues in court or i dont think it is kidnapping as long as she knows where her daughter is.
2007-01-18 02:42:19 · answer #4 · answered by Lady Hewitt 6 · 0⤊ 0⤋
tell her to consult an attorney as soon as possible. It depends upon who has the primary custody but if that hasn't been decided a court can order him not to leave the state with the daughter until that is decided.
2007-01-18 02:37:47 · answer #5 · answered by Al B 7 · 0⤊ 0⤋
From what I understand, if there is no custody agreement with the courts, it is not considered kidnapping. But this is a question to ask authorities...police, social services, etc.
2007-01-18 02:33:57 · answer #6 · answered by Kalypso 2 · 0⤊ 0⤋
He has to save hammering court docket sensible. If he is going to visit it would want to be good to have you ever alongside as a witness to although is asserted. Emails, telephone messages, plausible police record of the recent hubby and such. If he is going to make certain them and there is an concern he might want to call the poilce and function that on record. Restraining orders might want to correctly be had if there is evidence of lack of life threats. it would not be too frustrating to get someone to fess all of that by ability of e mail. He desires to assemble ideas which could be utilized in court docket. yet do take into consideration in all of this.... what do you somewhat understand for confident. convinced that is somewhat invasive yet perchance you call her. convinced if he in basic terms takes the youngsters he will finally end up in reformatory and by no ability get custody.
2016-10-15 09:53:55 · answer #7 · answered by Anonymous · 0⤊ 0⤋
If they are not legally seperated yet it would not be kidnapping. There is no court order saying he can't take his child whereever he wants. She should go to court and get a court order asap if she fears he might take her.
2007-01-18 02:45:46 · answer #8 · answered by lunasage 6 · 0⤊ 0⤋
If custody was given to his ex-wife, and he disregard the court order, he can be charged of child kidnapping which is a serious crime.
2007-01-18 02:32:11 · answer #9 · answered by Ben 3 · 0⤊ 0⤋
Yes. If he is the non-custodial parent and he doesn't return his child to the custodial parent when he is obligated to do this. If he leaves the state then it becomes a federal offense and the FBI gets involved.
2007-01-18 02:36:07 · answer #10 · answered by Anonymous · 0⤊ 0⤋