Can I be charged with kidnapping for taking a minor across states with mother's but not father's consent?

Question

I have a 16-year-old friend who lives in another state. His parents are going through a very messy breakup (threats and blackmail and the like from the father), and his mother wants me to let him stay with me for a few weeks until she gets moved out, so he doesn't have to go through it. She says she will give me a notarized permission statement, or something like that. His father probably will not approve. Can I be legally charged with anything if I do bring the boy here for a while?

Answer 1

No, it's not kidnapping and it isn't custodial interference either because you will have permission of a parent/legal guardian.

Answer 2

Sigh. I've answered this question for 3 different people already. Doesn't anyone ever just read the old answers?

1) Are you doing anything immoral? No- you are helping out both the boy and his mother, and you are doing it with permission and knowledge and cooperation.

2) Are you doing anything illegal? No- the mother knows where her son is, she has given permission, everything is fine.

3) Can charges be filed against you by the Father? Yes- this guy sounds like a jerk, and will do everything possible to make trouble for his wife, including striking at her thru his own son. Lawsuits and legal action are filed every day that are completely baseless, just because lawyers GET PAID to do so, regardless if their cases have any merit. And because people are blind, petty, vindictive, and stupid.

4) If he files charges, will they stick? No- because of points 1 & 2.

5) Should I stay out of this to avoid charges? That's up to you. If you're easily intimidated and scared off, (as your question indicates, or you wouldn't even be asking) then don't get involved. However, if you care anything about the boy or his mother, then hell yes you should put yourself at a little risk to help them in this very difficult time. That's what friends do. Have a spine, and don't let legal action scare you.

Answer 3

You would think that it would just be considered visiting friends or family but maybe it is more complicated than that. You don't say how old you are, but if you're a minor living alone it might not be o.k. With a family would be a different story you'd think. It seems like your young friend needs a break & his mother also sees the value in it. Maybe it doesn't matter what the dad says. Call Child Protective Services, local law enforcement, Family Court or an attorney & find out if there are laws regarding this. It seems if the parents knew where the child was & it was for a pre-determined length of time that it should be o.k. His mother sounds very responsible. I hope this works out. It sounds necessary to get this boy a breather.

Best of success. I'm praying for all of you.

Answer 4

If the mother has custody no you cannot. Even if he doesnt consent, I dont believe you can be charged with anything so long as the mother does.

Sort of how one parent can sign a permission slip and the other doesnt have to.

The mother might have something filed against her by the father.

Check your state laws, in most cases, the transferring of a minor across boarders has a lighter application to those who are over 16.

Answer 5

NO BRAINER..
the parents ARE in court, and it is messy, which is a red flag that there is very likely a custody dispute going on. Moving the son (who is a minor, like it or not) from the state, is very likely to be something mom could be prosecuted for. Her consent, if in dispute from the dad (and court) is not likely to hold up.
What you are being asked to do, is not only evaluate which of the parents is "right", but if what she is doing is legal. You MIGHT be fully aware of the facts... but at this point, it is for the court and judge to determine.
And yes, in some states, it is possible you could also be be charged.

Answer 6

If the father has parental rights he could make things darn messy for you if he chooses to get mean about things. Even for the mother taking him out of the state if it's not documented some where in the courts that the mother is leaving the state with your friend she can get charged. It sounds like this guy is nasty. Do the best you can ask her if it's in order and have a court document...!!!

Answer 7

Unless there is a custody order in place giving the mother full custody of the child, the father can cause big trouble up to and including transporting a child across state lines.

The mother needs to find someone closer to home, you need to stay out of it except be supportive and the two of them need to stop the crapola - just get a divorce and be done with it.

It is ALWAYS the children who suffer in acrimonious divorces. The parents are 2 selfish people.

Answer 8

Don't get involved.

This is NOT enough information to advise you on because we don't know if you are "friends" with the mother or if the mother is a nut case or the father is ... call me a cynic.

You may be only hearing one side of the story also. A messy situation that would be better to stay out of. How would you feel if someone took your kid out of state for an undetermined time?

Answer 9

Yes, she has every right to do so,. Your a minor, she has legal custody of you and therefore can still make you go, and as parents will say 'as long as you live under my roof, its my rules" and your not even old enough to hold a job yet in the real world...Mowing lawns at your age or babysitting dont count =) sorry to be so blunt about it. But its the truth.

Answer 10

I would probably make a call to an attorney about this one. You want to be VERY sure before you do some thing like this. Most phone calls are free, and as long as that particular attorney knows the laws of your state you should be able to get a quick answer. Good Luck!

Answer 11

Well, considering the nature of the parent's relationship, you very well could. Even a parent can be charged with kidnapping their own child, say, if a child is taken during the course of a custody dispute.