the guardian isnt the legal guardian but does take care of the kids. but if the parent wants to can they just up and take the kids and not tell anyone. and there be no law they were breaking by taking the kids?
2007-03-26 13:47:17 · 8 answers · asked by deeders_8907 1 in Politics & Government ➔ Law & Ethics
i'm not trying to kidnap anyone. i'm trying to figure this out for my nephews
2007-03-26 16:18:49 · update #1
Deeders,
I am in that position. I am raising two toddler grandchildren but I do not have custody of them. It is a long story but I will tell you that if their mother (my daughter) came and took them I would have her and her boyfriend arrested so fast it would make their heads spin. I have had the children for over 2 years and a half years and the mother is living with a convicted sex offender who is still on probation. No he isn't the children's father, but I'll be darned if I would let them take these children.
It sounds like someone else has your children and you are thinking of taking them back without notice. I would double think that if I were you. Think of what is best for the children first and if you feel that you are what is best then do it the legal way.
2007-03-26 13:56:12 · answer #1 · answered by nana4dakids 7 · 1⤊ 0⤋
This is a tough one. If you are not the "Legal" guardian then yes, the parent can claim the children at any point. What you would want to do is go to court and petition to have you listed as the legal guardian. Noth being a legal guardian, you are more or less just a baby sitter in the courts eyes.
That way you can also claim the tax break that the parents normally would qualify for. Once thats completed then yes, it would be considered kidnaping.
2007-03-26 20:52:20 · answer #2 · answered by Putter B 2 · 0⤊ 0⤋
A parent who has not surrendered their parental rights (given child up in court, completely) cannot kidnap their own child. If they withhold the child from the custodial paren, it is custodial interference.
If the guardian was not appointed by a court or by written permission (power of attorney) of the parents, they are not the guardian. They just live with that person. That person has no authority to make medical decisions, see school records, etc. Without the legal necessities in place, the parent can just up and take the child at any time. Kind of crappy thing to do to someone who has been feeding and housing their children, though, but not illegal.
If you're talking about a non-custodial parent, after the custodial parent has agreed to the arrangement, then no, they can't just take them without the permission of the custodial parent.
2007-03-26 21:04:42 · answer #3 · answered by normobrian 6 · 0⤊ 0⤋
Yes! You would be charged with kidnapping and be in a bunch of hot water and if you cross the state line it becomes even more serious.
2007-03-26 21:00:33 · answer #4 · answered by Anonymous · 0⤊ 0⤋
No because the cops will find out and the neighbors may look at the suspect, this is the stupid question too!!! Are you trying to kidnapp someone? If you are, DON'T DO IT!
2007-03-26 20:55:31 · answer #5 · answered by go clemson 2 · 0⤊ 0⤋
apparently the kids need a guardian to care for them. Yes, you would be guilty of kidnappin were you to just take your kids and could be harshly punished.
2007-03-26 20:50:59 · answer #6 · answered by Anonymous · 1⤊ 0⤋
even if you are thier parents, yes. there was a case not too long ago where some parents took thier 21 year old daughter away from her "bad" boyfriend and they were tried for kidnapping.
2007-03-26 20:51:53 · answer #7 · answered by legendre_22 2 · 0⤊ 0⤋
So long as the parent who takes the child is the child's legal custodial parent, it is perfectly fine.
2007-03-26 21:12:46 · answer #8 · answered by cyanne2ak 7 · 0⤊ 0⤋