My wife ran off and took our 2-year-old daughter. I don't know where she went, but I 'll probably hire a private detective and talk to a lawyer to find out. Just wondering if anyone knows from experience if this counts as kidnapping or not? Would it if the husband ran off with the child (while the couple was still married?)
2007-03-27 06:51:15 · 26 answers · asked by redmercury82 2 in Family & Relationships ➔ Marriage & Divorce
Everything should be done under the guidlines of ones divorce decree. If she just took the child and bolted, they could actually issue an amber alert till they find the child. Either go to the court, go to the cops and file a missing persons report, or hire a PI.
2007-03-27 06:57:01 · answer #1 · answered by Devdude 5 · 0⤊ 0⤋
Depends on the state you live in. In VA, it would NOT be considered kidnapping as you cannot kidnap your own child. If you do not have a custody order from a judge, and being that your married, you probably wouldnt, the cops cannot really do anything.
If you are heading for a divorce, this will definately give you an upper hand if you put in for custody.
Good luck!
2007-03-28 04:43:39 · answer #2 · answered by doe ray me 2 · 0⤊ 0⤋
If you weren't divorced and there was no custody agreement and she ran out of state yep kidnapping. This does depend on the state for sure check with a lawyer. You can push kidnapping charges on her if you want to get your lawyer and do that. If you just want contact then arrange that.
2007-03-27 06:56:05 · answer #3 · answered by Missy 75 2 · 0⤊ 0⤋
As long as you are married you both have equal rights to the child and she can take her where ever she pleases. For it to be considered kidnapping there has to be a divorce and custody agreement. Seriously a mother kidnapping her own child? How absurd.
2007-03-27 06:55:56 · answer #4 · answered by swtlilblonde31 5 · 0⤊ 1⤋
unfortunately it is not considered kidnapping. Because you are still legally binded in the eyes of you state, your wife has every right to take her or vice versa.
It wouldnt hurt however to contact the police department have it be set on file if you ever decide to file for divorce. This situation can work in your favor.
2007-03-27 07:35:44 · answer #5 · answered by TLC25 2 · 0⤊ 0⤋
YES.. you have to have permission from both parents in order to leave the state.. enless you gave up your rights. if you gave up your rights so that you do not have pay child support. then she can do as she pleases.. but if you still have half, partial or full custody then she is in the wrong and you can take her to court.. be sure to be up to date on childsupport it makes you case stronger.. makes it look like you are trying to be a good father.. definetly go to a lawer with this.. if your in the situation. in most (90%) cases the mother always gets the child but if you can prove she is a "unfit" mother then you can get the children.. and her just up and leaving is a great start to being a "unfit" mother.
2007-03-27 06:59:01 · answer #6 · answered by Dr.Icebreaker 2 · 0⤊ 0⤋
No, it's not kidnapping because it's legally her child too. If you go to court and YOU get legal custody, then if she doesn't come back, then it's probably considered kidnapping. I would go to court and file for full custody of the child.
2007-03-27 06:57:06 · answer #7 · answered by Luv my boys 1 · 0⤊ 0⤋
Since you have shared custody of the child, I think she legally has to let you know about the whereabouts of the child, and grant you visitation, unless she can convince the cops that you're a danger to the child in some way.
2007-03-27 06:56:25 · answer #8 · answered by teresathegreat 7 · 0⤊ 0⤋
Do you have a custody agreement in place? If not, as her parent the other parent cannot deny you access. Go to court immediately and file a court order depending on what if anything is already in place. Get a good attorney.
2007-03-27 06:57:26 · answer #9 · answered by Anonymous · 0⤊ 0⤋
No, it is not kidnapping. Go to the courts immediately to get hearings for separation and custody.
While you are married and there is no custody agreement it is not kidnapping.
2007-03-27 06:57:10 · answer #10 · answered by QT 5 · 0⤊ 0⤋