Father has taken 3 yr old from Ohio to Florida. Will not return him, unless I go and get him. What are my rights? Can he be charged with kidnapping?
2007-07-19 15:54:41 · 6 answers · asked by happily_jaded 2 in Politics & Government ➔ Law & Ethics
Contact a lawyer immediately.
No divorce or separation and no court order mean you can't do anything other than physically going to Florida to get your son. From a legal point of view it is not kidnapping to get your own child over whom you have full custody. Since you both have full custody, you both have full rights and neither has a better position than the other. If there are other circumstances involved, then that changes things. You should contact a lawyer immediately. Start learning your options and make some decisions quickly. If the boys father started the legal process, then he will have the upper hand from a legal point of view. He may have already applied for sole custody. Get a lawyer's advice.
2007-07-19 16:06:59 · answer #1 · answered by Jack 7 · 0⤊ 0⤋
As long as there is no custody order in place, then he cannot be charged with kidnapping. And right now, he has the football so to speak. If he took the children out of state, he is, in effect, relocating the children to Florida, and Florida becomes their residential state. Ohio will not have jurisdiction in any custody hearings. This means that any family court matters will be held in Florida.
Since I know nothing of the background or reasons he took the children, I will only say that if you are in the process of divorcing, you will need to contact a family law attorney.
2007-07-19 16:12:17 · answer #2 · answered by MICHAEL 3 · 0⤊ 0⤋
You need to ask an attorney licensed in Ohio, as each state's laws vary greatly in these matters. Where I am (MS) he could not be charged with kidnapping at all. You could go to the court for help, but it would be a civil thing, not criminal. Again, call an Ohio attorney, it's different everywhere. But do it immediately, because wherever the child has lived for the last 6 to 12 months (depending on state laws) should have jurisdiction over the child. Don't give him time to be able to say the child has lived in Florida in his care for that long.
2007-07-19 16:04:25 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Are you divorced? Go to court and get an emergency order. Fathers have very few rights ever. The only place they do have reasonable rights is Florida. he went to the right place.
2007-07-19 15:59:11 · answer #4 · answered by dante 3 · 0⤊ 0⤋
You have to file a emergency order or your in trouble if your not married you can tell them he is not the dad. Then make him go through paternity first.
2007-07-19 16:02:47 · answer #5 · answered by Mrs.Walker 3 · 0⤊ 0⤋
CONTACT your lawyer or the local police they can help you a lot more then we can
2007-07-19 16:45:33 · answer #6 · answered by ma_t225 1 · 0⤊ 0⤋