I am going to get a divorce from my wife but in the mean time she has taken my daughter out of state. My daughter was born where I live and I want to know whats the best way to get her back before were divorced. What can I do?
2007-11-22 08:16:47 · 8 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
It is not kidnapping. No more than if you took the child somewhere. You are both parents and both have rights to the child until a court issues a custody order.
You need to hop on down to the court and ask for a temporary custody order pending divorce proceedings. Normally the person who ask first gets temporary custody.
Once you have the custody order, tell your wife to return the child. If she refuses or fails to return the child, report it to the police as a custodial interference crime.
2007-11-22 08:27:12 · answer #1 · answered by Ranger 7 · 0⤊ 0⤋
You can charge her with parental kidnapping to avoid a divorce preceedings which is a felony in most states and since she crossed state lines, it has now become a federal felony which now involve the FBI. None of this is good for her once found. Chances wee she probably would have been awarded custody but now shes unlikely to even get supervised visits. Notify your local authorities and turn it over to them. Good luck
2007-11-22 17:18:37 · answer #2 · answered by Arthur W 7 · 0⤊ 0⤋
as of right now, neither one of you have custody of the child. for that to happen, you have to go to court and thru the courts choice, one of you will have legal custody of the child. right now there isn't much you can do, but if your wife were to end up with custody of the child and you only with visitation, then you could request of the court, that your wife not be allowed to leave the state with the child. i would do this before she can get too far from you and you never see her again....parents have a habit of doing things like that you know?
2007-11-22 16:30:01 · answer #3 · answered by Latino Heat 4ever 5 · 0⤊ 0⤋
Call the police and ask them if it is consider kidnappinng. as she did not get permission before taking the child across state lines.They can put a warrant out for her arrest and then they would return your daughter to you since you are the father.
2007-11-22 16:22:23 · answer #4 · answered by Anonymous · 0⤊ 0⤋
It is illegal for her to remove your child from the state you live in.... If I were you I would contact a lawyer as soon as possible....They will probably award you custody once its all said and done....Good luck
2007-11-22 16:34:29 · answer #5 · answered by diva102288 4 · 0⤊ 0⤋
If you've been given custody, call the police. If you haven't, I suggest you go to court to settle the custody matters.
2007-11-22 18:37:30 · answer #6 · answered by anon 2 · 0⤊ 0⤋
The first thing you need to do is hire a good attorney.
Good luck.
2007-11-22 17:00:25 · answer #7 · answered by box of rain 7 · 0⤊ 0⤋
Talk to someone in the police department... they tell you what to do... or talk to your lawyer.
2007-11-22 16:20:05 · answer #8 · answered by BitterSweet 6 · 0⤊ 1⤋