They live in Mississippi and he said he wanted to see their daughter and took her to Alabama and says he is not bringing her back. Does anyone know if there is anything she can do to get her daughter back?
2007-07-14 09:47:16 · 20 answers · asked by BeThAnY 4 in Family & Relationships ➔ Marriage & Divorce
She has already gone to the police they said there is nothing she can do because they are legally still married.
2007-07-14 09:53:42 · update #1
They are both entitled to have their daughter so the law can do nothing immediately - it is not kidnapping. She needs to use the legal system to gain joint custody in a formal way. The fact that he has snatched his daughter should go against him.
2007-07-14 09:53:01 · answer #1 · answered by Anonymous · 3⤊ 0⤋
Then obviously they are not legally seperated if they are still legally married. If they were LEGALLY seperated the police could charge him with kidnapping or at least transporting a minor across state lines. Why didn't she file for a legal seperation? The only thing she can do now is get a lawyer and TRY to get her child back. With no court order of seperation he can go anywhere he wants with the child.
Do not follow diamonbullet's advice. If she falsifies a child endangerment charge SHE will land in jail for fraud against the state and her husband will receive full and sole custody of the child and she MIGHT get out with supervised visitations.
2007-07-14 20:32:04 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Tell her to obtain a layer as she can , the longer she waits the worse it will look on her if he files first . They are still married and there is no law saying that a father can not take his own child out of state . What she should do is go to the state police and file a missing persons report on them just to show on record that she is very concerned because the husband is reacting to the situation irrationally and she is afraid for her kids safety. Don't wait Go to the state police now or at least call them.
2007-07-14 17:34:09 · answer #3 · answered by dad 6 · 0⤊ 0⤋
Umm...seek an attorney..they'll let her know of her rights and etc..i dont think she should go after the daughter yet unless she asks police to come on with her to look for the girl because like someone just said, it could be a murder, he might be mad at her for some reason..and sometimes,she might not even know it! so i recomend her seek an attorney,file divorce(if they are gonna) and get the childs custody FAssssT! Remember he also has custody and God knows what he will do! Or just go get the girl..she also has rights! exercise them! Sorry but he's a retard!...Good Luck!
2007-07-15 02:33:11 · answer #4 · answered by leo87 5 · 0⤊ 0⤋
File a missing persons report. Tell her to lie about the circumstances. Who cares if she is fined later for filing a false report. She can also falsify a report of child endangerment with the Alabama and Mississippi Child Protective Services. Tell her to go to what ever lengths are necessary.
2007-07-14 18:04:01 · answer #5 · answered by diamondbullet66 4 · 0⤊ 0⤋
If they are only seperated than legally their is nothing that can be done. Neither parent I assume has physical placement so they both have legal custody of the minor child. Their for nothing Illegal has been done. He can keep her their for as long as he choses. I suggest u go get the child cuz their for u are doing nothing Illegal yourself. Hope that helps.
2007-07-14 16:58:09 · answer #6 · answered by Shawnie 1 · 1⤊ 0⤋
Happened to a friend of mine once ,she drove to the other state went to the school were the kid was attending. Picked up the kid went back to her own state and filed for divorce and full custody of the child.Just check the state laws relating to this in Alabama.You dont want to end up getting federal charges slapped on you.
2007-07-14 16:57:43 · answer #7 · answered by brian m 2 · 1⤊ 0⤋
She needs to get in her car, drive to Alabama unannounced and tell her hubby, "I'm here now. If you want to fight about it, just say so because I'm in a fighting mood." Then get her daughter and tell her, "C/mon, we're going home." Put her daughter in the car and take off like a bat out of hell.
2007-07-14 17:08:00 · answer #8 · answered by Anonymous · 1⤊ 0⤋
Nope, as long as they are still married there is nothing she can do...they have equal rights to the child. It may sound stupid but my suggestion is for her to play the old I want to be back with you game if she is the one who left him, maybe that way she can get around her daughter and snatch her up when she has the chance. If he left her her chances are real slim, because those are the kind of dads that take off with their child and constantly move around so that they cant be tracked down. Tell her I said good luck!
2007-07-14 17:01:03 · answer #9 · answered by Anonymous · 0⤊ 2⤋
whoever has custody at the time of the actual divorce will be the one who gets custody of the child. My suggestion is she gets an attorney if necessary to get her child back before the divorce is finalized because after that it will be a custody battle.
2007-07-14 16:52:09 · answer #10 · answered by Anonymous · 0⤊ 0⤋