Can a woman legally take her child and run from an abusive relationship or is that considered kidnapping?

Question

My sister, her boyfriend and their two-year-old just recently moved from state to another. After a few short weeks in there new home her boyfriend hit her and he was arrested. She and the child got on a plain and moved back home. Hos family has been calling her and threating to press kidnapping charges against her. Is she leagally alloud to take the child?

Answers from those with leagal background or those who have delt with this issue would be really helpful.

Answer 1

Although your Sister's actions may in fact allow her boyfriend to file charges, it all depends on the judge. If she did it to truly protect her child, and there is proof, then she should be fine. The whole key to this is for her to consult an attorney right away. Get everything on file. Also, does his family know about his arrest? She should consult a lawyer ASAP.

Answer 2

You gotta include what state she left from,and went to,to get a more specific answer.different states,different laws.Realize that if they do prosecute,they could add a count for each state line she crossed as well.Also,the boyfriend I am assuming never was convicted,therefore nothing has been proven.Also,I assume there was no protetive order either.That doesn't guarantee she automatically gets temp custody,either.The court would simply arrange visitation.

Now,you also didn't say if they have a custody agreement or not,and that would further complicate things.if it specifically says that she cannot take the kids out of state,then she's in trouble.If the agreement says it's ok,then she's ok.

Again, parental kidnapping is governed by state law, and the rules are different in each state.

In some states, if you are fleeing a pattern of domestic violence or to protect a child, then you may have an exemption or an "affirmative defense" to the charge of parental kidnapping.

That means that, if you are charged with kidnapping, you can plead "not guilty," and, if you have enough evidence to prove the defense, you might be able to avoid being convicted. Evidence of domestic violence or child abuse could include proof of calls to 911, police reports, medical reports, criminal convictions of the batterer, proof that you have seen a counselor and tried to get help, testimony from family, friends, or other witnesses, or anything that is evidence of an ongoing abusive relationship.

In some states, there are conditions you need to meet BEFORE you flee to take advantage of these legal protections.

If you are fleeing domestic violence or to protect your children, then either way, it is a good idea to collect evidence before you leave, if at all possible.

GO to http://www.womenslaw.org/custody.htm#9 and search for information on that site,they might have something regarding your state.if not,go to your state's official website and look up the statute regarding emergency custody,children custody,parents rights, ect ect.....hope this helps good luck to her.

Answer 3

I can tell you what happened to my best friend in the same situation.
She was in an abusive relationship for years with many documented police reports.She finally left when her ex raised a shovel to hit one of her children with it.
She started out at a shelter in Kansas then came back to Pa to be near her family.Her ex filed charges against her for leaving the state and she had to return to Kansas.It was ALWAYS used in court against her that she left the state.She was never charged with kidnapping,but after many court hearings,she ended up losing custody of both her children to this abuser.
My point is,you can't be sure how these things will turn out.Things that should never happen,sometimes do.She did not deserve to lose her children,she was only trying to protect them.I was there when the police came to haul her youngest one away kicking and screaming because she didn't want to go live with her Dad.It broke my heart.
Please tell your sister to be very careful in what she does.All she needs is for a judge to take pity on the father because he was "deprived" of his child and she may lose out.I never in my wildest dreams thought that any court would give child custody to an abuser,but in my friends case,they did.The only thing they had against her was the fact that she left state.She did eventually get her youngest back,after about 5 years because he couldn't handle her.But,the trauma this child suffered at his hand was enormous.

Answer 4

If she is one of the legal custodial parents, it's unlikely that he'd have much of a case. Since she has a police report proving his history of violence, I can't imagine a judge even hearing a case like that. I think a judge would allow him visitation, as long as he's shown no animosity towards the child, and he's the father on the birth certificate. If I were her, I'd request that any visitation granted the father be supervised by the court, just to be safe.

Answer 5

i just answered this same question earlier today in depth please search for it, There were many other responses as well. The basic response is that yes it is possible to be charged with something under the right circumstances becasue he has the same parental rights as her unless a court says otherwise... ok I've already repeated to much look back a few questions.