is precustodial abduction illegal in mississippi? what are the criminal charges?

Question

details are that parents are married, not separated, and father decides to take 3 year old and seek divorce. wife comes home and all husband's and child's things are gone. he makes contact a day later and won't tell her where the child is. i realize he has equal custody, but i can't believe he can just get away with something like this without any legal ramifications prior to getting on court docket for custody hearings, etc. can he?

Answer 1

My god, do people even read?? you are not the one planning, it has already happened.
MOST states have laws covering pre separation abduction, and in I believe 38 states, that is exactly what it is. Here is the chart for relevant states, and looks like Miss. is among the idiots that don't figure it to be illegal.
http://www.missingkids.com/en_US/documents/CrimCustodInterfStatutes.pdf
I would still make a report, and get a lawyer fast to file for custody.
this whole issue makes me sick, I have grandchildren who were affected by it.

Answer 2

really need a few more details, but if there is no court order currently in effect at all, whether the parents are married or not, and both parents are on the birth certificate, both parents have equal rights and either one can leave with the child at any time and it is not a crime

the parent from whom the child was taken can definitely petition the court for an emergency order, but there is still no crime if no order was effect beforehand - no order, no violation

however, if only the mother is on the certificate, and the dad takes the kid, then that is kidnapping, because he would have to petition the court to request dna to prove he's daddy

this is why my boss always tells unmarried clients to establish paternity and custody through the courts at the child's birth

Answer 3

The term "abduction" is one with a connotation of illegality!

You don't provide enough information for anybody to give you a straight answer.

Based upon what you have said, somebody other than yourself is in custody of a child. Is there a temporary court order in effect stating where the temporary custody is to be maintained pending the finalization of the court issue?

If the soon to be ex has a temporary custody order in possession..."abduction" of the child MAY be a SERIOUS offense depending upon the laws of the state.

The below listed website may help you to understand the child custody laws imposed by the United States.

I might suggest that before taking the child by questionable means, you think about what COULD happen when the case goes before the courts as to how it makes YOU look in the eyes of the court!

If you've not already done so...contact a local attorney who specializes in family practice that is familiar with the child custody laws of your state.

Best wishes.

Answer 4

Criminal Records Search Database : http://www.SearchVerifyInfo.com/Support

Answer 5

I think it's called kidnapping and yes it's illegal. Especially if the intent is to remove the person from what the courts would deem to be the rightful custodian.