is it considered kidnapping? What should I do if this happens? I am the custodial parent, his visits are sparatic and he doesn't pay child support.
2007-10-05 08:19:00 · 18 answers · asked by groovy_girl_30 2 in Family & Relationships ➔ Marriage & Divorce
call the police. you could press charges
2007-10-05 08:22:19 · answer #1 · answered by cleo 3 · 2⤊ 0⤋
Payment of child support has nothing to do with it. It totally has everything to do with the court ordered visitiation. Pull out your copy and read it VERY carefully. If it is a specific agreement and you both don't agree on another time (say he wants to take him to the circus on Sunday and will need an extra 30 minutes travel time and you agree) then he is to abide by the order. First I would ask him prior to the visit, not necessarily until the minute of picking up (please do this out of hearing range of your son if there is animosity between you and his father) where your son will be that weekend (this is your right) and get contact numbers. You can't stop him from taking your son if he doesn't get specific enough but you need to at least ask. He can legally take him to Kalamazoo if he wants to as long as he INFORMS you where he will be and you agree with him taking him there. Ask what time he will return him, ask this everytime. You can never ask where and when enough. Make sure your child has a cell phone and if you are that worried about your husband fleeing with the child discuss with your son a "plan" of what to do in the event "something" happens and plans are changed (you don't want to scare your son) which could include an emergency call to you. Call your son on Saturday or ask him to call you. There should never be a reason, unless specified in the court order, that communication can't occur between you two over the weekend. You are not being paranoid, you are being responsible for your son. A mother's instinct is worth gold. Also, make sure that you have current fingerprints of your child. This is sooo important to have in any case! If not, get creative today and find a stamp pad or paints...etc. and take a clean sheet of paper and get them prior to the visit. When my daughter was about to leave with her father a LONG time ago, I felt just like you do right now. Exactly the same. I understand. I would never let her go unless I knew where she would be and when she would be home. Make a mental note of the car he leaves in, the clothes he is wearing and the clothes he takes. I am sure things will be fine and your son will be safe and sound with you Sunday evening. Always think positively but always be prepared also! If something does go wrong try contacting his father then his family or friends (always keep these numbers handy anyhow) and don't jump to conclusions immediately. Get facts straight first. Then call and report the incident. Law inforcement usually do not want to get involved in domestic disputes, which this will be considered until proven that it is a kidnapping. Have your papers ready, the information on your son handy and things will go smoothly. They will help you at this point. I know things will be fine, but it is always good to know about these things! Try and relax this weekend and enjoy yourself! Godspeed.
2007-10-05 15:49:30 · answer #2 · answered by Anonymous · 1⤊ 0⤋
It would in most area if not all be considered kidnapping. If you think this is a possibility for some reason perhaps you should talk to a lawyer about making the visitation supervised or, if he can afford the child support, ending the visitation rights until he starts paying that.
2007-10-05 15:28:37 · answer #3 · answered by Al B 7 · 0⤊ 0⤋
Child support has nothing to do with visitation. It is NOT payment for visitation. IF your ex does not return yoru son at the time directed in the court order you call him and find out how much longer he will be. Sometimes whatever they are doing takes a little longer. I can remember my daughter wanting to stay at an amusement park because she wanted to ride a particular ride. You basically have to give him until midnight Sunday/Monday before you call the authorities. The fact that his visits are sporatic isn't going to make any difference, he has the right to choose IF he wants to exercise the order of visitation and it doesn't matter that you are the custodial parent.
2007-10-05 16:33:50 · answer #4 · answered by Anonymous · 0⤊ 1⤋
I would definately call the police. I would be afraid for the child. Clearly the father doesn't care about the boy. If he did he would at least try to pay some kind of child support or be there and have a relationship with him. Get an attorney. Don not waste time being indecisive about actions, this is your son and his father doesn't care about him or you.
2007-10-05 17:06:01 · answer #5 · answered by Saphira 3 · 0⤊ 0⤋
If your custody agreement states that he brings the child back at a certain time and he does not, then at the very least it would be contempt of court. But if it's not in the papers and you just WANT him to bring the kid back at a certain time, I don't think that's the same. Unless of course the time comes and goes and you can't reach him. That would be a problem
2007-10-05 15:24:48 · answer #6 · answered by LB 6 · 1⤊ 0⤋
Yes if you are the primary and he only has visitatian and he does not bring him back by the time stated in the papers it is considered kidnapping. Make sure you have a witness with you when he picks him up and you say clearly "The papers say to have him home by XPM, if he is not here at that time I will be calling the police" that way he is warned and you have a witness when you get to court. Good luck let me know what happens.
2007-10-05 15:24:44 · answer #7 · answered by soulmate_n_nc 3 · 1⤊ 1⤋
Depends on the papers that were drawn up about visitation. If he is more then 1hr late then call the police. Make sure you have a current phone number and address where your son will be.
2007-10-05 15:26:38 · answer #8 · answered by llexiann30 4 · 0⤊ 0⤋
talk to the police and file a report immediately if your son does not come back on sunday make sure you have pictrures or noticible markings for the police also ( I'm kind of in the same position with my ex husband) I have talked to the law this is what they told me to do good luck
2007-10-05 15:32:19 · answer #9 · answered by oh_jo123 7 · 0⤊ 0⤋
get a lawyer and some child support... no matter what happened between you two... you both have a responsibility to that child... if he can't be their to physically help with the raising ( i'm not saying that's a bad thing ) he needs to be there financially to ease the burden
2007-10-05 15:24:08 · answer #10 · answered by runFunning 6 · 3⤊ 0⤋
If your child isn't back by sunday, I would first try and call your ex. If you don't get a response, then by all means contact the authorities.
2007-10-05 15:23:01 · answer #11 · answered by Kathy R 5 · 6⤊ 0⤋