What is kidnapping?
Kidnapping is defined as knowingly restraining someone with a specific intent to do something. This may be to collect a ransom, use a person as a hostage, or have someone do involuntary work. Other intentions may be to injure a person or to interfere with the operation of an airplane, bus, train, or other form of transportation.
Kidnapping may be a felony, depending on the circumstances. If someone is convicted of kidnapping, it′s not uncommon for that person to receive a jail or prison sentence.
Photo by Steve Weazer
Custodial interference, sometimes called parental kidnapping, happens when one parent keeps a child from the other parent who has legal custody. Statistics indicate that over 350,000 children are kidnapped by family members every year. Specific state and federal laws against parental kidnapping carry stiff sentences for violation.
For example, say the court has placed you in the legal custody of your mother. Your father lives out of state and has holiday visits. After you spend two weeks with your father at Christmas, he decides not to return you to your mother. This is custodial interference and may be prosecuted as a crime.
If your parents agree that you can live with your father, however, they should ask the court to modify the custody order. Courts grant modification requests all the time. The key issue is what′s best for you. If there′s no risk of abuse or neglect, and all agree that the change is for your benefit, it will most likely be approved.
Let your opinion be heard in custody modification situations. Many courts want to know whether you agree with the change of custody. Feel free to write the court a letter. Or you may have the opportunity to go to court and speak with the judge. This is your chance to state your true feelings.
If you′re hesitant to speak up in your parents′ presence, ask to talk to the judge alone. Many judges will allow this. You may be taken to the judge′s office with your lawyer or guardian, where you can speak freely. The judge will see that your statements remain confidential.
The point is that you are the most important person in the case. Your opinion matters and should be heard. The results may not be 100 percent to your satisfaction, but speaking up gives you the chance to share your views and to make sure your concerns are taken into account.
I want to know how my sister who was guardian for my disabled son get sole custody of him when he turned 19 because she told me sge was waiting for hearing on guardianship again and she would let me know but i find that out i been in his life always ge stayed with me and this past year she wouldnt let him come back to my house i had to stay and visit with him at her house i told her i wanted vistation rights since she wouldnt let me bring my own son to my house can you answer this im worried in wv
Dear Melissa: AsktheJudge.info is an information website for and about teenagers and children and the laws that affect them. As such, we do not provide legal advice to our readers. We suggest you contact a local attorney who practices either juvenile or family law. Your state has specific laws regarding guardianship of minors and adults. If necessary, ask the attorney about his/her fees that may be waived for an initial consultation. Good luck.
(This is information only – not legal advice).
My baby daddy is wanting to take my kids to live at his home. That is not the best interest of the kids. Me and my family do everything for them, compared to him who basically does nothing. Also the kids names are on my lease and I have all their personal information. Another thing he is physically and mentally abusive to me and I have pictures and witnesses to prove it. Can he take my kids without my approval?!?
Dear Tiffany: AsktheJudge.info is an education site for and about teenagers and the laws that affect them. We do not provide legal advice to our readers, adult or teen. We suggest you contact a local attorney who practices family law for advice. Some offer sliding scale fees, so ask about this if you call one. Good luck.
(This is information only – not legal advice).
hi I’m a parent who hasn’t gotten to see my children going on over two years I pay my child support at the end of every year and the father will not give me no contact information back no address to where they reside. We have a parenting plan that is court order but yet I haven’t visited with my children haven’t spoke with them, I believe he is keeping them from speaking to me and feeding them lies to keep them away from me. We live four hours away.
Dear Bernice: AsktheJudge.info is a teen law website providing information to teens about their rights and the laws that affect them. You could try to contact a local family law attorney for information and assistance. You could also contact your local court and/or law library and find out whether they offer a free legal assistance program. Courts in many cities offer these programs once a week on a first come basis. Finally, you could try contacting your local legal aid office as they may be able to assist you for free or on a sliding scale basis. Since you already have a court ordered plan, you may be able to contact the court directly and ask how you can get before the judge again as the father is violating the plan. Good luck.
(Check our Teen Help Network for more help and resources in your area. This is information only – not legal advice.)
I hate living with my mom.I’ve lived with her all my life and she keeps me from seeing my dad. Me and my dad have a close bond and I’ve told her for 4+ YEARS that I’ve wanted to live with him. I’m 13 now. I feel like now I’m old enough to decide and anyone who I talk to about it says the same. If I go with my dad for the summer and don’t come back will that count as Kidnapping?My mom never took him to court saying that she has full custody. A judge never said that my mother has full custody.
Dear Nia: We’re sorry to hear about your situation. We think it’s best for you to discuss this with your father when you visit him this summer. He can seek legal advice as to how to proceed to gain custody of you beyond the visitation period. If your mother doesn’t agree, a judge may have to make the decision. Depending on the laws where you live, the judge may want to hear directly from you. So be prepared to explain your reasons for wanting a change of custody from your mom to your dad. Good luck.
(This is information only – not legal advice).
I have legal custody through the courts of my son .and at 930 pm an officer and sons dad show up and take him .no paper work .no warning no nothing . Is that legal.? And where do i start or how do i begin to get my son back .
Dear Tara: This website is an education resource for teenagers. We do not provide legal advice to our readers, teen or adult. We suggest you contact a local attorney who practices family law. He/she should be able to assist you in this custody dispute. Some offer free initial consultations so ask about this if you call one. Good luck.
(This is information only – not legal advice).
My brother and his ex girlfriend have yet to complete a parenting plan and in the mix of everything we just were informed that she skipped state without any discussion or agreement she decided 2 years ago that my brother could no longer see or talk to my nephew as a way to punish my brother and just to have the last word knowing the devastation this would cause my brother and most likely my nephew there son since he had my nephew pretty much from day one October2010 until May 2015 what can be done about this please let us know as for we miss our little man more than you know and he will save my brothers life for sure thank you very much
Dear Leeann: We’re sorry to hear about your brother’s circumstances. AsktheJudge.info is a teen law website providing information to teens about their rights and the laws that affect them. Your brother could try to contact a local family law attorney for information and assistance. He could also contact his local court and/or law library and find out whether they offer a free legal assistance program. Courts in many cities offer these programs once a week on a first come basis. Finally, he could try contacting his local legal aid office as they may be able to assist him for free or on a sliding scale basis. Good luck to your brother and family.
(Check our Teen Help Network for more help and resources in your area. This is information only – not legal advice.)
if my child’s mother leaves with my child out of state without my consent or or or knowing that she left what rights do I have what can I do
Dear Jim: AsktheJudge.info is a teen law website providing information to teens about their rights and the laws that affect them. You could try to contact a local family law attorney for information and assistance. You could also contact your local court and/or law library and find out whether they offer a free legal assistance program. Courts in many cities offer these programs once a week on a first come basis. Finally, you could try contacting your local legal aid office as they may be able to assist you for free or on a sliding scale basis. Good luck.
(Check our Teen Help Network for more help and resources in your area. This is information only – not legal advice.)
I want to leave my husband and take the kids but he says he’ll get me for kidnapping. Can he? I would not leave the state. What are my options?
Dear Jennifer: AsktheJudge.info is a teen law website providing information to teens about their rights and the laws that affect them. You could try to contact a local family law attorney for information and assistance. You could also contact your local court and/or law library and find out whether they offer a free legal assistance program. Courts in many cities offer these programs once a week on a first come basis. Finally, you could try contacting your local legal aid office as they may be able to assist you for free or on a sliding scale basis. Good luck to you and your children.
(Check our Teen Help Network for more help and resources in your area. This is information only – not legal advice.)
My ex wife took off with our daughter over 4 years ago and the district attorney refused to charge her with parental kidnapping even though in Texas it is a state felony. What should I do?
Dear Paul: We don’t provide legal advice to our readers, whether teen or adult. We suggest you contact a local attorney who practices family law for advice. Some offer free initial consultations, so ask about this if you call one. Take a look at our Teen Help Network for attorneys where you live. Good luck.
http://www.askthejudge.info/directory
Hello I live in St Louis Missouri my son’s mom took him out of town without me knowing and I have no contact with him.
She has been giving me problems for a while but she finally took off but took my baby with her.
I have no help here I have called the police they want do nothing even though she is in the wrong.
I don’t know what to do anymore.
What can I do .
It should be some type of cap on this some time limit a parent can hide a kid before it to be come a warrant.
I think it will slow down alot of these parents doing this out of anger and so on.
What can I do it been over a month I just want my baby back
Dear Reggie: AsktheJudge.info is an education resource for teenagers about the laws that affect them. We do n ot provide legal advice to our readers, whether teen or adult. We suggest you contact a local attorney for advice. Some offer free initial consultations. Take a look at our Teen Help Network for lawyers where you live. Good luck.
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My ex wife of Arizona has passed an we shared 50/50 custody still, I now live in kansas. Her grandparents decided they wanted custody over kids an have filed for temporary custody bit had not gone through. They kept the death of the mother for a month to get a jump on custody. Will not let me speak with my kids or return calls and I have just found out after going to pick them up they took them to mexico to their condo. Ian trying to gather money for lawyer but is there anything I can do to get my kids back to me? Thanks
Dear Tyler: AsktheJudge.info is an education website for and about teenagers and the laws that affect them. We do not provide legal advice to our readers, teen or adult. Contact a lawyer who practices family law as soon as you can for advice. Some offer free initial consultations, so ask about this if you call one. Good luck.
Both of my parents are still married. However, after an argument, my father hasn’t come home in over a week. He is threatening us by telling us we have a few days to move out. We are renting this house from his sister’s husband’s brother. Is it considered kidnapping if she takes us to another city in the same state? We own the house there and we have no where else to go. I am speaking as one of her children.
Dear Lily: We’re sorry to hear about your situation. However, as an education website for teens, we do not provide legal advice to our readers, whether teen or adult. We suggest your Mom contact a local lawyer for advice. Some offer free initial consultations, so she should ask about that if she contacts one. Good luck.
(This is information only – not legal advice).
My child went to Michigan with her ant and my other child to Indiana witb her grandma they were to bring them back home before school starts now the are telling me I can’t have my kids they are keeping them they live in Texas with dad and mom can I press charges for kidnapping
Dear Gary: Every state has its own laws about what’s called custodial interference. If you have a court order granting you legal custody of your children, or shared custody, and the order is being violated, you can discuss this with a local attorney for advice. There are far too many cases such as yours for the police to get involved unless the kids are in danger. Some lawyers offer free initial consultations, so ask about this if you call one. Take a look at our Teen Help Network for lawyers where you live: http://www.askthejudge.com/directory
Good luck.
(This is information only – not legal advice).
My sister and me are in North Carolina for the summer with my dad. We don’t wanna be here because my dad keeps on hitting us and my stepmom is being verbally abusive. If we tell my mom that we’re going to my aunts house and she gets us from my aunt can she get in trouble for taking us home to Maryland
Dear Mel: If there are court orders in place and your Mom violates those orders by picking you up, she could face consequences although going to jail would most likely not be one of them. That being said, you and your sister should not be experiencing any sort of physical abuse. Talk to your Mom about what is going on. If your Dad agrees to letting you go back to your Mom’s for the rest of the summer, then that would be the easiest solution. Although your parents may have to go back to court to get the court orders modified. Finally, your Mom, aunt or another trusted adult can help make sure that you have a safe living situation. It could mean calling Child Protective Services or the police to report any abuse going on. If you don’t know the number, call the National Child Protective Services Hotline at 1-800-422-4453. Good luck.
(Check our Teen Help Network for more help and resources in your area. This is information only – not legal advice.)
My ex sister asked to see kids then stopped returning calls and texts when the police found them the father was trying to leave for Texas now he is trying to get visitation what do I do?
Dear Jamie: AsktheJudge.info is a teen law website providing information to teens about their rights and the laws that affect them. You could try to contact a local family law attorney for information and assistance. You could also contact your local court and/or law library and find out whether they offer a free legal assistance program. Courts in many cities offer these programs once a week on a first come basis. Finally, you could try contacting your local legal aid office as they may be able to assist you for free or on a sliding scale basis. Good luck.
(Check our Teen Help Network for more help and resources in your area. This is information only – not legal advice.)
CAn i walk to my. M grandamas and stay their would that be consided kid naping
Dear Kaylin: If your parents or guardian are okay with you staying with your grandma, then there shouldn’t be a problem as long as there isn’t any sort of court order prohibiting your grandma from any type of custody. Perhaps you could try talking to your parents or guardian about how you feel and see if they would be willing to let you live with your grandma for some time. Your parents do get to make decisions about your upbringing including where you live so long as you’re still a minor. Talk to them and your grandma and see if you can all reach an agreement. Good luck.
(Check our Teen Help Network for more help and resources in your area. This is information only – not legal advice.)
20 year old in college in vt
Someone is claiming we ( my friends) kidnaped him in our house, as he pulled a gun on us we pushed him out of our house. Then we ran out the back door.
How can he claim kidnap . We have text he asked to come over. His car is on video but no proof of any of this kidnaping. No injuries no damage.
He just told police this fictitious story.
How can I be charged for this when there is no proof?
Dear Brian: Whatever happened here needs to be discussed with a criminal defense attorney where you live. We are an education resource for teenagers and we don’t provide legal advice to our readers. If you are charged with a crime, contact a local lawyer for advice. Some provide free initial consultations, so ask about this if you call one. Take a look at our Teen Help Network for lawyers in your area.
http://www.askthejudge.info/directory
Good luck. -ATJ.info
I had a paper notorized givimg my aumt temp custody of my baby until i got out of jail but when i got out she refused to give her back or lwt me see her she refused ro give me tje address i have all the conversations saved its been over a year dealing with this now i have been served papers telling me they have a temp restrainimg order on me and they are filing for custody of my daughter what can i do
Dear Krystle: AsktheJudge.info is a teen law website providing information to teens about their rights and the laws that affect them. You could try to contact a local family law attorney for information and assistance. You could also contact your local court and/or law library and find out whether they offer a free legal assistance program. Courts in many cities offer these programs once a week on a first come basis. Finally, you could try contacting your local legal aid office as they may be able to assist you for free or on a sliding scale basis. Good luck.
(Check our Teen Help Network for more help and resources in your area. This is information only – not legal advice.)
I need help. I heard about a case in Florida about a parents rights and a judge taking the neglected parents situation into account.
My ex’has’a criminal history. I have nothing of the sort. He took my kids on visitation and against every order from the local judge he still has my kids a year later. He owed me a delinquent amount of $70k. I negotiate the 6’year divorce to keep house and end it. I never stopped visitation when he moved back to state. But I have only seen my daughter 1x in 1 year! She is 14. The other is 17. The 3 older ones have all turned against me too because I don’t follow everyone’s orders like I used to. I finally stand up for myself after decades of domestic battery. So now they are all mad. What can one do. I need help. I don’t have money to hire an attorney. I spoke to three. They all feel bad for me but no one willing to offer pro Bono. He took my kids out of state with a suspended drivers license and said not coming back. Please tell me my rights. My daughter messaged me about being scared but won’t tell me why. There is’obviously much more to this story. I need help. Please help me.
Dear Allyson: We are sorry to hear about your situation. However, since AsktheJudge.info is an education resource for teenagers, we don’t provide legal advice to our readers – teen or adult. Keep trying to locate an attorney who will take your case on a pro bono basis or sliding scale fee. You can also check with a local law school, if there is one in your area, and see if they have a student clinic that may take your case. One final suggestion is to contact Community Legal Services for assistance. Good luck.
My ex has my son but is not on the birth certificate. He will not let me talk on the phone or visit with him . I have 2 other children with this man and he is on there birth certificate I have visitation rights for them and I’m not able to talk or get them for visits . We have joint custody of the oldest 2. Can I get him with kidnapping charges for the youngest one the one he is not on the birth certificate. I cannot talk on the phone with him r get him for visit , we have no paperwork saying anuone has custody.
Dear Addie: AsktheJudge.info is a resource for teenagers about the laws that affect them. As such, we do not provide legal advice to our readers – adult or teen. We suggest you contact a lawyer who practices family law. Many offer free initial consultations, so ask about this if you call one. Take a look at our Teen Help Network for lawyers where you live:
http://www.askthejudge.info/directory
Good luck.
My sons friend took him to a house that i didnt know because he was mad at me so he left she took him and drove him i didnt know where my son was thej family she took him to Never called me i search all the numbers he had in a old phone drove to the plase where he said he was going ther was a forsale sign up i had a finns out on him this iz the second time the first time he ran away he was at the house i knew i had his pic on Facebook the family got scared and returned him hes been distructive and lies this last family would not let me see my son so i drove over there they saw me and called on my phone and chewed me out i call a friend from police they came and gave me my son back the cops said they didnt know i was there but i called and texed my son i was then her young special needs son who is friends with my special needsson came running out the door to my car the mom came out the front door she saw but told officer she didnt officer was mad at me because i didnt go to front door i was afraid
Dear Victoria: From what you describe, it seems you need to gain control of your family. Lay the rules down for your son to understand and make sure he knows there will be consequences if he fails to obey. You can contact the local juvenile probation office or juvenile court and ask for help. Some courts have programs for kids who are incorrigible and are heading toward more delinquent behavior. Good luck.
(This is information only – not legal advice).
Grand parents took grad child from baby sitter and refuse to turn baby back over to mother who was working when insistent happened
Dear Rickie: If you’re looking for legal advice, we suggest you contact a local lawyer. AsktheJudge.info is an education resource for and about teenagers and the laws that affect them. We don’t provide legal advice to our readers, teen or adult. Good luck.
Question: if neither parents have custody over me, and one buy a ticket to another state could that person get in trouble if the other parent was keeping me home or my break and not letting me see the other, please get back to me asap
Dear Mel: We can’t tell you what could happen here since we don’t provide legal advice to our readers. Also, there are many things that have to be considered including court orders about custody and visitation. If a judge has issued specific terms about this, violating a court order could mean trouble for that person. If you discuss what’s going on with both parents, hopefully you can work this out. Good luck.
(This is information only – not legal advice).
Question:
My nephew had a motorcycle accident in March 11/14 the doctors say his is in a vegetation state,he was not married to the mother of his children, she up and moved to Georgia, and doesn’t bring the children as promised. The doctors say that the children being around him to hear and see is a form of therapy for him.
Ok my ? Is if their grandmother goes to Georgia and brings the children back to Florida, is that kidnapping.
Thank you
Dear Marisa: You need to look at the laws in both states to see what custodial interference includes. The children’s grandmother should talk to a lawyer who practices family law for advice in this situation. Although her motives are admirable, she needs some legal status to take custody of the children and move them across state lines. Good luck.
(This is information only – not legal advice).
My2 children have a gaurdian there is no order stating for visitation nor did she notify the courts. If I don’t give my children back to her will I get in trouble….Cps was never I volved… and I have to children living in my home that are mine….
Dear Antoinette: AsktheJudge.info is an educational site for and about teens and the law. We suggest you speak with a local family law attorney who will be able to advise based on your specific circumstances and the laws in your state. Many attorneys offer a free initial consultation. You can also try contacting your local legal aid office or contact the court to see if they have a free legal assistance program that would allow you to meet briefly with a pro bono attorney. Good luck. (Check our Teen Help Network for more help and resources in your area. This is information only – not legal advice.)
Recently I was seeing a young woman that was married with two kids and separated from her husband and going through a divorce in this time frame she got pregnant with my child since she has taken off and went back to her husband however she refuses to give me a DNA test and suggest that it is her husbands child she has gone to the point to state that she will not allow me in the child’s life which I have since hired a lawyer and gone through all the legal steps to gain my parental rights however she has taken off and her and her husband are hiding from the legal system my question is when she is found and the DNA test proved the child is mine can she be charged with kidnapping?
Dear Marcus: AsktheJudge.info is an educational site for and about teens and the law. Since you have an attorney, you need to ask him/her about this as they will be able to answer your question based on the laws in your state. That being said, parental kidnapping typically involves a parent violating custody orders. Since there are no custody orders in your case at this time, it may not apply. Good luck.
(Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
Wife left state with daughter, New York, to Seattle. Said she was going to visit sick mother, never return. Refusescontact with child. Won’t let me buy child phone.Now child is in legal trouble, just want contact w daughter. What do I do.. still married, both have custody please help. Army verteran needs help
Dear Michael: AsktheJudge.info is an education resource for and about teenagers and the laws that affect them. We don’t provide legal advice to our readers – adult or teen.
We suggest you speak with a family lawyer for advice. Take a look at our Resource Directory for help where you live:
http://www.askthejudge.info/directory
Good luck.
I have primary physical custody of our daughter my ex has visitation. He has not been himself lately it started with his health and then took a toll on his over all appearance. now I feel that the change in him is taking a toll on our daughter who is only 10. He has married since our split but is now saying that they may divorce that is not my concern or my buisness and I didn’t ask him for that info he felt inclined to tell me. jumping frwd. He want’s to take our child on vacation with just the two of them (himself/child)he does not want his wife to come. In most cases this may be normal but given his life history (violent/suicidal)in his youth before i ever knew him; i’m worried about his “vacation” with our daughter. I just have this feeling that he maybe at the point of a brake down and our daughter at 10 feels obligated to make sure he is okay or having a good day and there is nothing wrong with a child wanting to see either parent happy but not to the point where the child becomes the parent/hover. I love my child and she loves her dad. I want him to continue with his visitation just supervised. Summer is near and I would like to do what is best for our child but not sure how to go about it. Can I get a temp. supervised visitation and can it be expedited
Dear Sha: You have expressed some legitimate concerns regarding your daughter’s welfare. However, we are an education website for and about teens and the law. We don’t provide legal advice to adults or teens.
We suggest that you contact a lawyer about this upcoming trip and the father’s visitation orders. With his history, as you stated, it may not be in the child’s best interests to have visitation other than unsupervised. That’s a decision the professionals, including the judge, have to make. Take a look at our Resource Directory for help where you live:
www,askthejudge.info/directory
You can also contact Community Legal Services for assistance. They may have a fee that’s based on a sliding scale. Good luck.
(This is information only – not legal advice).
I have a question . im 17 and I live in Tennessee with my dad right now. he has temporary custody of me and I just really want to go back to Georgia with my mom. she had full custody for 5 years . but I feel as if I can leave when im 17. could I? but there is one thing there is a custody battle going on . would the judge let me choose or do I have a pretty good chance of getting to choose ?
Dear Alexis: At 17, you have a good chance of speaking up for yourself as far as custody goes. The judge may want to hear from you either in writing or in person in court. That will be your opportunity to explain your preference and reasons. Stay calm in court and show the judge you’re mature enough to have a say in this important proceeding. Good luck.
(This is information only – not legal advice).
MY Ex-Husband asked if he could take our children to visit his parents in florida for 5 days I said yes but they had to be back cause they were only allowed to miss a certain amount of school days but he sent me an email saying he decided they are not coming back. I have been begging and pleading for him to return with the boys and he id refusing. neither one of has legal custody we just had a verbal aggrement and worked it out outside of court what can I do to get them back
Dear Nicole: We’re sorry to hear about your circumstances. AsktheJudge.info is a teen law website providing information to teens about their rights and the laws that affect them. You could try to contact a local family law attorney for information and assistance. You could also contact your local court and/or law library and find out whether they offer a free legal assistance program. Courts in many cities offer these programs once a week on a first come basis. Finally, you could try contacting your local legal aid office as they may be able to assist you for free or on a sliding scale basis. Good luck.
(Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
I have a big issue my children were placed in my wife’s grandmothers care. She died in JANUARY I filed a petition because her husband has the kids and won’t give them back even though he said he’s not the right forever home. He broke his hip and is going to pass soon himself. My children want to come home he’s mean. The judge yesterday said I remember this case, the GAL said the kids are fine where they are. I nor my wife got to speak. The judge simply said I don’t have enough info lets meet back here July 20th. That’s 4 months it’ll defeat the purpose we tried to do this so school wasn’t interrupted. Now he said we owe child support and if we don’t pay that then he can’t see how we will take care of them. I’m disabled Iraq veteran and I have always taken care of them. He didn’t hear our side or anything can I do something to have this moved to a county where I will get a fair case? I need help they took them based on me having PTSD saying what if I hurt them not that I have but I may because grandma and my wife’s mom were both abused wives. She couldn’t believe we’ve been married 10 years because we are happy like everyone has to have two marriages.
Dear Joe: AsktheJudge.info is an education website for and about teenagers and the laws that affect them. We don’t provide legal advice to teens or adults.
We suggest you speak with a lawyer who practices family law. Some offer free consultations, so ask about this if you contact one. Take a look at our Resource Directory for help where you live:
http://www.askthejudge.info/directory
Good luck.
(This is information only – not legal advice).
My son is 16 yrs old and lives with his u. uncle and now he wants to live with me a. and his uncle has full custody of him.
He told his uncle that he wants to live
With me and his uncle said that if he
Didn’t want to be there then go so he ft left and came to live with me. Can he
Press charges on me for parental
Kidnapping
Dear Tracie: If your son left with his uncle’s consent and you agree to his return to you, there shouldn’t be a problem. If there are any outstanding custody or guardianship orders placing him with his uncle, you may want to consider requesting the court to either vacate or modify the order. Speak with a family lawyer about getting this done. Good luck.
(This is information only – not legal advice).
Hi can i ask my ex wife now wants to relocate with my kids. the thing is that i know my kids would rather stay with me than moving with their mother. Also they fight alot and then i get the messages on daily bases of how my ex wife is giving up and she is so tired of it. these fights happens on a daily bases. it will brake my daughters heart to move so far away from me. What can i do about it.
thanks Errick
Dear Errick: AsktheJudge.info is an education website for and about teenagers and the laws that affect them. We don’t provide legal advice to adults or teens.
We suggest you talk to a lawyer who practices family law. He/she can advise you in this situation. If you don’t have a lawyer, take a look at our Resource Directory for professionals in your area:
http://www.askthejudge.info/directory
Many lawyers offer free consultations, so ask about this if you contact one. Good luck.
My son of 14yrs old went on vacation tomIndiana with his father and his father did not returned my son because my son told him that I was mistreating him. Since the divorce in 2002 I have the full custody of my son and parental right because my ex husband resigned to his parental rights in the divorce settlement. Besides that he was an absent parent for all those years and in 2011 he returned and requested to see my son. The court granted him visitation rights on December for 10 day and summer for another 10 dates. Plus he has debt of 16,000 for child support. He file a request for provisional custody in court at Puerto Rico until the court investigated the allegations. And the court granted his petition without even asking my opinion on the matter. Can I file an habeas corpus in the State of Indiana so the court can returned my son to my home in Puerto Rico? My son is 14yrs and I punished him for getting bad grades but I didnot mistreated him. Plus his is a special education kid. With learning
Impediment and immature age mentally and emotionally.
Dear Alice: AsktheJudge.info is an education website for and about teenagers and the laws that affect them. We don’t provide legal advice to adults or teens.
We suggest you speak with a family lawyer who can advise you in this situation. Some offer free consultations, so ask about this if you call one. You can also take a look at our Resource Directory for professionals where you live:
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(This is information only – not legal advice).
In Indiana if the parent that does not have custody lets his parent have the child when the child is visiting him and the mother is to get him that day due to her birthday and they all refuse to let her know where the child is then is that aganst the law and kidnaping
Dear Rose: It all depends on the court’s orders if any exist. Usually custody and visitation is spelled out by the formal orders signed by the judge. If no orders exist, then state laws kick in. You can google “Indiana custodial interference” for information on this. Good luck.
(This is information only – not legal advice).
My ex boyfriend had his sister to hold my baby at 4 months old hostage and would not let me have her she was our babysitter when I would go to work, on that day of trying to pick her up she text me said she was told not to give her to me, which then I called the police, well my ex boyfriend get there before the police and ran inside and would not let me have her. Course the police said since he was on the birth certificate nothing I could do, in the meantime I got an attorney judge signed the emergency custody orders I got her back after 5 days after we finally found her. My question is. Is there anything I can do or file against the sister for holding her hostage some kind of consiquences she should be relaiable for and him?
Dear April: Going after your ex-boyfriend’s sister may not be the best approach to what happened. Apparently, she had her brother’s consent to keep the baby, and he’s the legal father. She may not have broken any laws although you feel she was in the wrong. We suggest you leave this in the past and move forward with your daughter. Any questions can be addressed to your lawyer. Good luck.
(This is information only – not legal advice).
If a custodial parent tells the other parent that they have emergency custody order that they submitted to the sheriffs office of a minor child, and keep that child for two weeks and the other parent finds out that that was a lie, that the DA refused to issue said order, and the deputy knew that no such order was in place and told the other parent to take the child Is that considered kidnapping?
Dear Roberta: You have to look at the specific laws in your state to see what constitutes custodial interference (kidnapping). You can talk with a family lawyer about this or your local prosecutor to see if any laws were broken. Good luck.
(This is information only – not legal advice).
my ex husband left me and 4 kids in the woman shelter before he got arrested for child molestation/pornography. The Judge gave me sole physical and legal custody of my 4 kids & I only have to grant him while he was and after he incarcerated the 2x a week calls to my kids and he need to b supervised to interact with the kids till they’re 18 because he is register as a sex offender. 4 yrs ago he got out of prison, he refused to pay child support & have to report every mth as sex offender, so he ran out of country and hasn’t pay me child support for 10 yrs now. Now my son is 17th, who decided move in with his 18th yrs old gf and her family w/o the final agreement from me. The gf and her mom has been interfering my parental decision for the last 4-5 mths but for some reason local authority can’t really do anything about it. The GF & her mom came pu my son on Feb 26th and I haven’t hear anything from him since. My son made up false accusation toward me so he can live with the Gf and involved cyfd,jpo but they can’t find the truth and closed the case. Yesterday I find out that the gf mom have full guardianship of my son given by my ex husband who hasn’t been in any of my kids life for 10 yrs and not asking me or the court to gave this woman guardianship since I am the sole physical and legal custody of him. I came to county sheriff office ad they refused to take my case because they said I agree to let him stay with the gf family,etc. I called the state cop, the officer told me that he can’t take the case IF the county or other authority already refuse to help or take my case. I felt the law being so unfair and make it sound it’s ok for some stranger to come and take your son and your parental right just because they feel like it and just because my son reuse to live at home with me anymore, it doesn’t mean nothing the law can do to this woman when literary she kidnapped my interference my custody. She’s not even related to my son at all, but se gain the guardianship through my ex husband whose still running in another Country avoiding the child support of 4 kids for the last 10 yrs and never be in the kids life & by attorney adviced, he can’t do that. So, what can I do to get my son back and press charged on this woman when the authority clearly said NO.
Dear Melanie: We are an education website for & about teenagers and the laws that affect them. We do not provide legal advice to adults or teens. We suggest you contact a local family lawyer for advice in this situation. See our Resource Directory for help in your area:
http://www.askthejudge.info/directory
Good luck.
My son is 17 he lives in Texas with his mom and step Dad who he claims hits him. I live in Pennsylvania he wants to move in with me being he is 17 can he just leave and come stay with me on his own free will?
Dear Patrick: If you and his mother were married and part of your divorce included court orders regarding custody and visitation, those orders must be followed until either he turns 18 or they’re modified by court order. He shouldn’t just up and leave, cross state lines and move in with you. If he’s being physically abused, the police and/or child protective services should investigate the situation. We suggest you speak with a family lawyer about this and his options. Take a look at our Resource Directory for help in your area:
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Good luck.
(This is information only – not legal advice).
I have a custody visitation order for my daughter her mother and her mother’s husband has taken and refuse to let me her can I press charges on both of them
Dear Bernard: AsktheJudge.info is an education resource for & about teenagers and the laws that affect them. We do not provide legal advice to teens or adults.
We suggest you speak with a family lawyer about this or ask the police. Take a look at our Resource Directory for attorneys in your area:
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Good luck.
(This is information only – not legal advice).
My friend is married with two children. her husband recently up and left and took her children with him. She hasn’t heard from or seen them in over a month. We live in the state of Indiana is there anything she can do to get her kids back?
Dear Kendra: We suggest that your friend talk with a family lawyer about this situation. We don’t provide legal advice to teens or adults since we are an education resource for teenagers about the laws that affect them. Take a look at our Resource Directory for professionals in your area:
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My husbands ex took his daughter out of state permanently without telling him. He will always have her on The weekends and the girl loves her father the mother lied to us this weekend when we were about to pick her up. My stepdaughter called us crying that she’s in another state and that she doesn’t want to be there because she misses her Father. She said she’s not eating and is crying all the time. What can we do to get her back? My husband is on her birth certificate and she has his last name. Please help us.
Dear Isela: We suggest you talk with a family lawyer about this situation. If your husband had a lawyer in his divorce from his ex, contact that person for legal advice. We don’t provide legal advice to teens or adults. We are an education resource for teenagers about the laws that affect them. Take a look at our Resource Directory for professionals in your area:
http://www.askthejudge.info/directory
Good luck.
(This is information only – not legal advice).
If I have a Texas divorce decree that says I have no geographic limitations for location of the children can we move to a US territory as long as it is for a Military PCS?
Dear Sam: AsktheJudge is an education resource for teenagers about the laws that affect them. We do not provide legal advice to teens or adults.
We suggest you talk with a lawyer who practices family law. Or if you used a lawyer in your divorce, contact him or her. Good luck.
(This is information only – not legal advice).
my daughter is living with her mother she is 16 and now wants to live with me if her mother kicks her out of the house could she legally live with me or will that constitute as parental kidnapping? she fears her mother may call the cops if she does live with me
Dear Jason: You have to refer to your separation or divorce documents for the answer to your question. Whatever the court has ordered is what is to be followed. Generally, there is no custodial interference (kidnapping) unless you violate a court order regarding custody. We recommend you speak with a local lawyer who practices family law about this. Check our Resource Directory for help in your area:
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Good luck.
(This is information only – not legal advice).
I live in nj and have been fighting for custody of my daughter for over two years in penn.the mother has multiple drug convictions and lives with her great grandmother who is 83.an order is in place that I have partial primary and sole custody and she has physical.i have no criminal convictions and I never missed a visit,did everything on the order to a tee.i see my daughter every Saturday from 10 to 5 then return her to the ggmom residence.she is currently in jail and nobody was there to receive the child because she beat the ggmom up and put her in the hospital.i still have the child in my custody and have a hearing coming up.i filed a police report that I have the child notified family court . what is the best case scenario or the worst case scenario for me in winning custody,also the judge has bench warrants for fta(failure to appear) and multiple contempts of the orders.i think I did everything right for my little girl.any god news would be appreciated so I can sleep at night.i really have my doubts about family court law.
Dear John: We are a website for and about teenagers and the laws that affect them. We do not provide legal advice or analysis to teens or adults.
We assume you have a lawyer and should discuss your concerns with him/her. Good luck.
(This is information only – not legal advice).
my son is 16 4 months away from 17 and me the mom and his dad have joint custody but he is primary care taker … i agreed to that 5 yrs ago because i really wasnt on my feet good and wanted what was best for them at the time…. but now iam on my feet and my 16 yr old wants to stay with me….. his dad drinks all the time they fuss fight and argue all the time.. his new wife has struck my son in the face and he dnt feel safe there ne more what do ido….??? advice plz
Dear Crystal: AsktheJudge.info is an educational site for and about teens and the law. If you son’s father is willing to let him stay with you, then there may not be a problem. However, depending on the specifics of the custody orders, you may need to go back to court to get the orders modified. If both parties are in agreement, the judge is more likely to grant any modification. Otherwise, you may have to take the matter to court and let a judge decide. Finally, consulting with a family law attorney or even your local legal aid office could be helpful especially if the father is not in agreement with you and your son. Good luck.
(Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
If someone went on vacation and then had to stay longer for family illness and kept their child with them but doesn’t know exactly when they will be back. Can the father just come down and get her legally, even though he agree to the arrangement. Both mother and father are married. Also can someone change their child’s legal address without the father or mothers permission?
Dear Stephanie: AsktheJudge.info is an educational site for and about teens and the law. First, you would need to look to any court orders concerning custody, visitation, etc. if the parents are separated. Otherwise, they both may have equal rights over their child. We recommend they try working this out between the two of them, but if that is not an option, a family law attorney could be contacted and provide information about the parents’ legal rights and options. Many attorneys offer a free initial consultation. Thanks for writing us.
(Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
My cousin and his wife are getting a divorce because she cheated she has been a stay at home mom and he is just getting out of military. Nothing has been processed as far as custody or anything. They have not even seen a lawyer yet. Can the mother take the kids to live with her family in Cal. We live in sc. She has access to his money and I am afraid she might take off with the kids
Dear Joyce: AsktheJudge.info is a teen law website providing information to teens about their rights and the laws that affect them. Your cousin needs to contact a local family law attorney for information and assistance. He could also contact his local court and/or law library and find out whether they offer a free legal assistance program. Courts in many cities offer these programs once a week on a first come basis. Finally, he could try contacting his local legal aid office as they may be able to assist him for free or on a sliding scale basis. Good luck to him.
(Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
Hi, I got custody of my daughter in El Paso, Tx i’m the primary parent so I agreed ib July to ler my daughter go to school with her mom in Las cruces, Nm. We agreed i get her every weekend and holiday, she started not talking to me, not answering my calls, and not letting me have her on the weekends. Xmas break the same, so i got upset took my court order papers n las cruces police department gave her back to me, i let her pick her up for “ice cream” she never brought hee back and got a restraining temporary order on me and im goin to have to go to court on Jan 27th. I don’t know what to do?
Dear Willie: AsktheJudge.info is a teen law website providing information to teens about their rights and the laws that affect them. You could try to contact a local family law attorney for information and assistance. You could also contact your local court and/or law library and find out whether they offer a free legal assistance program. Courts in many cities offer these programs once a week on a first come basis. Finally, you could try contacting your local legal aid office as they may be able to assist you for free or on a sliding scale basis. Good luck.
(Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
Husband is active duty Navy stationed in Guam. I came back to the states and filed for Divorce. He came to visit and asked if he could take son back for a few weeks and would have him back by October 1st. I saw no problem with that and allowed it. October 1st came and went, said he would try to have him back by October 15, that came and went. Next thing you know I’m getting served with papers from him seeking sole custody (he refused to sign the divorce papers I filed upon him getting served when he got back to guam) which were dated October 1st, the day he was suppose to bring him back. Can he be charged with kidnapping my child and what recourse do I have getting my son back.
Dear Nicole: We are an education website for & about teenagers and the laws that affect them. We don’t provide legal advice to teens or adults.
We suggest you contact a lawyer who practices family law for advice. Take a look at our Resource Directory for professionals in your area:
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Good luck.
Im very troubled right now. According to tge state my mom is the custodial parent of my two nephews. One of the dads has a parenting plan is holding his end up. The only reason he has one is because he didnt want to work with us out of court. The others dad was willing to work with us we thought. He is suppose to have him every other weekend. Well this last weekend came and went. He said he would have him back on the 6th of January. Well it is the 8th and he says he is the dad and because their mother is in jail. He has all rights to his son. What do we do? We want him back but we are so scared because we trusted him and now he is acting this way.
Dear Amanda: AsktheJudge.info is an education site for & about teenagers and the laws that affect them. We don’t provide legal advice to teens or adults.
We suggest you contact a lawyer who practices family law for advice. Take a look at our Resource Directory for help in your area:
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Good luck.
(This is information only – not legal advice).
I was born in florida when i was 15 years old i had my baby girl in my mothers country turks and caicos island and her father abused me physically and his mother told me togo back to NY and leave her my baby and once i get my self settle she give me back my baby, i am 20 years old and am still trying to get her back and the grandma doesnt even let me talk to her and keeps telling me wait until she is six my daughter is 5 and she is growing wt out me , Her dad is in and out of jail and his mother threatens me by telling me that if i continue to ask for my daughter im never going to see her or speak to her. I am marry and have a beautiful home and want my daughter in my life i was 15 whenthe mother who is babys grandma told me to leave and when i was ready to get her back i can come get her she has my daughters birth certificate and now got her a passport , will you please help me or give me information on how can i get my daughter back
Dear Arnelle: Askthejudge.info is an education website for and about teenagers and the laws that affect them. We don’t provide legal advice to our readers, only information.
We suggest you contact a lawyer who practices family law for advice. Take a look at our Resource Directory for help in your area:
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Good luck.
(This is information only – not legal advice).
I live in Michigan i have physical custody but joint custody. After Christmas brake he didnt send her on the the plain. At first he said he didnt no she had a flight event thought i emailed him five times. He never responded not unusual he never does. Then he said i hadnt followed the 60 court order to get the plain ticket. This is true but i need his confirmation that he was going to be takinh her to new hampshire cuz he dont alway pick her up. Then i emailed and ask him if he was he said yes so i asked him if monday wpuld work for him. He would get an extra day with her and i wouldn’t be taking his time away from him becouse she couldn’t go on a fight after six because of her age. He’s. Said think it would work. I make the ticket then he said it wouldn’t so i said already made no refunds. Then he sif she didnt want to come back. And ent had her tell me that pn the phone. I could tell she was been cost. She was quite sad and not herself. Now he said if i drive there i can take her. But the ticket was refunded an i wont get the money for a week? What can i do. Already told friend of the court he didn’t put her on the plain.
Dear Nicole: AsktheJudge.info is a teen law website providing information to teens about their rights and the laws that affect them. You could try to contact a local family law attorney for information and assistance. You could also contact your local court and/or law library and find out whether they offer a free legal assistance program. Courts in many cities offer these programs once a week on a first come basis. Finally, you could try contacting your local legal aid office as they may be able to assist you for free or on a sliding scale basis. Good luck.
(Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
I am divorced now for four months.I use to reside in New Jersey where my 17 year old daughter also resided with me.Once I got officially divorced I got a great job opportunity in New York where I reside at now.My ex never came to visit his daughter even when I was in New Jersey.My daughter never wants to be with him or doesn’t want anything to do with him being that he has always been a verbal abuser.I moved to New York were I enrolled my daughter in School and I been supporting her with no help from her father.Unfortunately my 17 year old daughter has decided to Leave my household and isn’t attending school.She calls me from time to time to let me know she is ok.But now the father has filed a missing person report in New Jersey and I was contacted by a New Jersey police officer stating that I am being charged for Kidnapping and that there is a warrant for my arrest.I was granted custody once the divorce came through.He never looked for her and now is when he wants to file bogus charges.My daughter traveled to New Jersey to see her dad after she ran away.He offered her a car and to move in with him so she can attend her old school.She refused and returned to New York and stays with her boyfriend that I don’t approve of.How can I go about getting this bogus charge and warrant removed without traveling to New Jersey?
Dear Lory: This website is for and about teenagers and the laws that affect them. We don’t provide legal advice to teens or adults.
We suggest you contact a criminal defense attorney about these issues. Some provide free initial consultations so ask about this if you contact one. Take a look at our Resource Directory for help in your area:
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(This is information only – not legal advice).
My name is Destinee Antaya and I am 17 years old. Last year (2013) around Christmas time, my mother and my step-father had broken up. My step-father moved down to Grand Rapids MI as we live in Northern Michigan. He wanted to take my brother for a week and my mother gave him permission. He has not returned him and we are lost and don’t know what to do or how to bring him back. My mother said that she has tried going to court and they said there was nothing they could do about it. My brother is 10 years old.
Dear Destinee: Every state has laws about kidnapping or what some call “custodial interference.” Your mother can report this to the police and ask for an investigation. She can also discuss this with a lawyer who practices family law. Many attorneys offer initial consultations either free or on a sliding scale. She should ask about this if she calls one. Take a look at our Resource Directory for help in your area:
http://www.askthejudge.info/directory
Good luck
(This is information only – not legal advice).
If there is no court order we are both on the birth cirtificate and she has kept my baby for over 30 is this kidnapping ? What can I do about it ? From michigan.
Also we have two cases one of which her summon has stated the baby lived in a different county than she actually did for 5 month and that i was absent for 6 mknths which is false and have proof. What will be done when i resoond ? Or can i press kidnapping charges before hand ? Thanks ! We are not marrid
Dear Andrew: We suggest that you contact a lawyer about these issues. They are complicated and require the help of a professional who practices family law. Take a look at our Resource Directory for help in your area:
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Good luck
(This is information only – not legal advice).
Here’s the situation: my ex wife now lives in NJ with my daughter. I live in SC and the child support order is from NY. How can the support be handled or adjusted due to living in SC and her in NJ.
Dear Eric: AsktheJudge.info is an education resource for & about teenagers and the laws that affect them. As such, we don’t provide legal advice to adults or teens.
We suggest you speak with a lawyer who practices family law. Take a look at our Resource Directory for help in your area:
http://www.askthejudge.info/directory
Good luck.
I don’t have money for a lawyer right now since now I have two new children. I have no problems taking care of but paying for a lawyer will put me in a huge bind.
I don’t know if you could help me or know someone who can. I had a baby girl three years ago. But two years ago I lost her for allowing her father take her for a month since I moved out of state, we had a every other month agreement for him and I to share custody. But when his month was done he wouldn’t let me get her back. I didn’t call the police because I feared the worst that he would run with her and I’d never see her again. But I still have not seen her or been able to talk to her. My mom does and she tells me how she is but will not give me addresses or anything to locate my daughter because she fears my daughters father won’t allow my mom to see her.
I need my baby back I’m lost without her. Just recently I contacted her father things went horrible his girl friend for a few weeks is saying that she is raising my baby.
The father has had girls in and out of my babys life. He uses drugs and alcohol. He drives around my daughter on a suspended licence he lost it for drinking and driving. I need my baby. My soul is breaking knowing she may not be as safe as I thought. I am living in a stable home. My fiancé of 3 years has a great job. My house is kept extremely clean and I make sure there’s always food in my house. Our clothes are kept clean. I could sit her and write everything that proves I am a fit mom. I just made a mistake two years ago that I wish I could take back.more then anything in the world please please please I don’t know what else to do.
I am getting bullyed by her fathers girl friend and by the father. I need her I need my baby out of that situation and back where she belongs with her mother. If you could help me I will be forever in your debt. Or at least could you point me in a path I can take that won’t cost so much.please I’m so desperate for my little girl. I was wondering if I could still press charges on him for kid nap since now I know his exact location and I’m more informed about the law then I was befoee ?
Brittany meyer
Dear Brittany: AsktheJudge.info is a teen law website providing information to teens about their rights and the laws that affect them. You could try to contact a local family law attorney for information and assistance. You could also contact your local court and/or law library and find out whether they offer a free legal assistance program. Courts in many cities offer these programs once a week on a first come basis. Finally, you could try contacting your local legal aid office as they may be able to assist you for free or on a sliding scale basis. As for the parental kidnapping, you would have to look to the statute of limitations (time limits to file charges) in your state for such an offense. Good luck.
(Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
Can i leave my MOMA and Live with my dad without a courtoder if my mom does illegal drugs and I dont wanna be around it and I dont wont to involve the state lice
Dear Austin: If a court order exists regarding legal custody to one of your parents, the order must be followed until it is changed or modified by a judge. If your parents agree to a move to the other parent’s home, then you can make the move but then seek a change of the existing order. If your mother opposes a move, a court order is needed. Good luck.
(This is information only – not legal advice).
I had custody of my kids and my kids father came one weekend to spend time with our children. Well I had to go to work that morning, well when I got off n went home my children’s father was nowhere to be found. He took birth certificates and there social security numbers Well I haven’t seen my children or heard from them for almost 4 years, but we have Court coming up in November, the judge wants me to bring proof…I’m don’t know what kind of proof I need to bring…I so want to get custody of my children back! Please help
Dear Veronica: AsktheJudge.info is an education site for & about teenagers and the laws that affect them. We don’t provide legal advice to teens or adults.
We suggest you talk with a local lawyer who practices family law. Take a look at our Resource Directory for professionals in your area:
http://www.askthejudge.info/directory
You can also contact the court you’re in and ask about legal assistance in your case.
Good luck.
My ex has sole custody but relocated my daughter and cut off all phone contact and blocked on social media last june. I recently found out he gave up his rights to his parents and abandon our daughter and instead of his parents contacting me the mother they are now filing for guardianship and refuse to allow me to communicate with my daughter. Does this sound like custodial interference and his parents aiding and abetting?
Dear Vanessa: We are an education website for and about teenagers and the laws that affect them. We don’t provide legal advice to adults or teens.
We suggest you speak with a local lawyer who practices family law. Take a look at our Resource Directory for professionals where you live.
http://www.askthejudge.info/directory
Good luck
In my case there is a 50/50 court order of parenting time. During my parenting time my sister was having a wedding reception. I was part of the wedding so I had to sit up with bride and groom. The child’s grandmother was watching the child. His mother came and took him from her without my permission. Then tried to leave with him. Hi grandmother stopped her and told her no. I had to leave the wedding speech just to go get him back. Then the next day when he was swimming with both grandparents and his brother and sister she showed up at the pool and took him at 9 a.m. Without my permission. I did not get back until 10:30 and she still had him. But with her he cries and throw fits and with her freaking out on me I just told her to take him and leave. Missing out on the generation picture I told her I had planned with my family. I live in Minnesota. Is this any type of interruption or kidnapping during my parenting time. She has already refused a court order causing me to get compensated time. An now has taken him on my court ordered time without my permission. Causing half the wedding to be ruined because the child was caused to be very upset by me trying to keep him with my family and I and her repeatedly taking him while I was not around.
Dear Lacey: This website is an education resource for & about teenagers and the laws that affect them. As such, we don’t provide legal advice to teens or adults. We suggest you talk with a local lawyer for advice. Many offer free initial consultations, so ask about this if you call one. You can look at our Resource Directory for professionals where you live.
http://www.askthejudge.info/directory
Good luck.
(This is information only – not legal advice).
Okay so I live in Alabama and my fiances “family” on his dads side lives in Texas. They were supposed to be watching our child and taking her to get her shots. The dads wife was secretly texting us, telling us that his dad and grandmother were planning to take our child. So we rented a car and tried to get our baby. My fiances dad physically took our daughter out of my fiances arms and kicked us out of the house. We went back to Alabama and have been trying everything for help. We have no car at the moment and we had help renting that car. So we have tried everything to get her back, we called the police, dhr, cps,social services, legal aid, everything and it has been no use so far. They even started a case in Texas saying that we abandoned our daughter. And we tried getting ahold of the case worker and she was not very responsive at first, then she emailed us saying that his “family” had told them we give our daughter tylenol to make her sleep all day and we don’t feed her, ect. But now she won’t talk to us. It seems that they are letting them just kidnap my baby, and I don’t understand how that is okay? We have everything we need for our baby. What should we do? We have no money since my fiance can’t work at his job right now.
Thank you,
Dear Anon: With what you describe here, you need the help of a lawyer to assert your parental rights in this situation. We suggest you contact a local lawyer who practices family law. Take a look at our Resource Directory for lawyers in your area:
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Some lawyers provide free initial consultations, so ask about this when you call. Also some will work with you on a sliding scale basis regarding payment of fees. Good luck.
(This is information only – not legal advice).
I have a court order saying that every other weekend I get my child. I am to go and pick her up and her Grandmother is to come to my home and get her back. The Grandmother told me she is letting the mother of our child stay with her ( The mother lost all rights to our daughter due to drug abuse.) and that I guess welfare took her money so she is telling me that she will not be able to come get my daughter.So my question is if I go get her and if the grandmother can’t come to get her from my place will I be kidnapping?
Dear Robert: AsktheJudge.info is a teen law website providing information to teens about their rights and the laws that affect them. You could try to contact a local family law attorney for information and assistance. You could also contact your local court and/or law library and find out whether they offer a free legal assistance program. Courts in many cities offer these programs once a week on a first come basis. Finally, you could try contacting your local legal aid office as they may be able to assist you for free or on a sliding scale basis. Good luck.
(Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
I live in Florida and have primary custody of my 3 children. After holiday visitation with their father,whom has a rapsheet of meth and other charges, decided to give my oldest child to his mother to run and hide her. I cannot get any help on getting her back because the bank took their house and I have no other address. I’m desperate at this time for answers..please help me!!!
AsktheJudge.info is a teen law website providing information to teens about their rights and the laws that affect them. You could try to contact a local family law attorney for information and assistance. You could also contact your local court and/or law library and find out whether they offer a free legal assistance program. Courts in many cities offer these programs once a week on a first come basis. Finally, you could try contacting your local legal aid office as they may be able to assist you for free or on a sliding scale basis. Good luck.
(Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
I keep researching to find out for sure. But I can’t find out a answer to my question. If my child was asked by my biological mother & stepfather if he wanted to go with my stepfather over the road in a semi-truck, my child clearly stated that he DIDN’T want to go. Then my mother had gotten my childs things with out me noticing. Took and put my child things in the car then kept asking my child if he wants to go. My child again & again states he does not want to go. My child states he wants to stay home with mommy and his sibilings. Well my mother then instructed my child to come get his things out of the car and take them back in the house. Well my child told her he would help but he didn’t put them out there. I asked mother how she got his things she said “while You(I) was fixing dinner”. So my mother took my child with her across the yard (both our homes are next to one another)to get his things. I step back in from the porch, to check on my other children and to check my dinner as well. As I was stirring my dinner I heard a vehicle. I went to see if it was coming or go, as I looked I seen my mother and stepfather leaving with my child. I could just chase after them cause I had no vehicle at the time to go chasing after them. I called and called my mothers cell to ask where did they go and where was my child. But she never answered my phone. I called my childs father to go try to pick my child up and bring him back home. But he called me back said that he could not find them they was already left out. Well a week later my step father call me and said that my child wanted to talk to me. I started to talking with my child and my child was going to tell me about something my step father did and then my step father took the phone from my child and said well call you back later. I waited for a few minutes for another call. Nothing. So I call them back like three times no answer. I got a hold of my mom and she said that everything was fine. Well two days later, after my step father not answering my phone calls. I got a chilling call @ 3:00 am. I answer, it was cops on the other end of the phone. They called to inform me that my step father had gotten drunk, left my child in the semi-truck alone while he visited a strip club, then came back to the semi-truck to leave after leaving my child unattended for over 4or5 hours end up wrecking. THANK GOD my child was not hurt. I told them I would be on my way to pick my child up as soon as I could. I told them it would take me several hours to get there from where I was. I then called my brother & sister-n-law to come and take me. My bother came pick me up and we left out for a 7 hour drive ahead of us. When I arrived there to where my son was I got to see him for a few minutes then the CPS told me that it was court order my child be placed in foster care. I cried and beg asking why. They said that, I didn’t get there in appropriate timely manor. I told CPS, I lived in another state over 7 hours away and I didn’t know where I was going, neither did my brother. We got to the county but when we got off the exit to find the office, we was lost. We drove around for over 45 minutes looking until one worker decided to meet us. After a long and stressful four & a half months I got my child back home. But all my step father got was 60 days in jail and a smack on the hand. He still gets to drive when that made his 3rd DUI, all other charges was dropped by the courts. I don’t understand it. But I have been to press charges and pressing charges but everything gets throwned out. Courts say I don’t have a case. But I think I do. What should I do?
Dear Chasity: AsktheJudge.info is an educational site for and about teens and the law. As for the criminal charges, you make a complaint to the police and then the prosecutor’s office has to discretion on whether or not file criminal charges. You could try contacting your local prosecutor’s office to see if they may be interested in filing additional charges against your step father. However, since you said that all other charges were dropped, it sounds like they already tried prosecuting the various offenses you mentioned. If you’re interested in pursuing a civil claim against him, we suggest you try contacting a local family law attorney or another civil attorney who handles such matters. Otherwise, you could try your local legal aid office. Good luck.
(Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
I have raised my 15year old son for 15 almost 16 years (as he will be 16 in 2 months) by my self with no help from his dad. He is in constant violation of child support order, has never had any visitation rights and i have been awarded sole “exclusive custody” since he was 1. His father has come in and out of his life over the last 4 years. He has never contributed any money towards raising him or parental support. I have decided to move to florida from NY and my son does not want to go. He has a girlfriend here he does not want to leave. He ran away and is now in the care of his father. His father had a run away neice and nephew who are now dropouts and on drugs and drink alcohol. The girl was pregnant at 16.(his neice) my son has been there for 8 days and has missed 6 days of school. While in my care he was an honor student and in advanced classes. I am concerned about his future if he stays there. The police will not help retreive him just check on his welfare. Even though i have sole custody they say because of his age and the fact that he is there on his own free will there is no crime comited. They told me it was a family court matter. There is an active petition due to be heard in court but will not be untill after i leave NY. I will not have a house in NY as of oct 1st. What can i do in the mean time, and am i going to look like a bad parent who will not be heard if i am not in court and am only able to do a phone testimony? I just want my baby back where he belongs.
Dear Kia: The police are right – this is a family court matter. You can contact a local lawyer who practices family law and ask for advice. Many provide free initial consultations, so ask about this. We are an education website for & about teenagers and the laws that affect them. We don’t provide legal advice to adults or teens. Take a look at our Resource Directory for lawyers in your area:
http://www.askthejudge.info/directory
Good luck.
(This is information only – not legal advice).
whats the worst that could happen if you rubn away from home at the age of 17 in the state of kansas
Dear Dakota: Take a look at “Kansas law 38-2231” for the specifics regarding a runaway teenager. Just google this and you can read what the police are authorized to do when they come across a runaway minor. The circumstances will help the police decide what to do and whether temporary detention is needed to protect the minor. Good luck.
(This is information only – not legal advice).
I recently found out that my daughter father has be plotting to kidnap my daughter . Return to his country in Africa . I have a current order protection for domestic that extend to my child . I also found out that his girlfriend as announce publicly she gave birth to my child expose all my daughter picture calming to be the mother of my child . Can press any charges against this women
Dear Asia: AsktheJudge.info is an education website for & about teenagers and the laws that affect them. We don’t provide legal advice to teens or adults. We suggest you contact a lawyer in your area to discuss the rights of your daughter and yourself as her mother. Take a look at our Resource Directory for attorneys in your area:
http://www.askthejudge.info/directory
Good luck.
(This is information only – not legal advice).
I am currently pregnant and the baby’s father lives in France. We met 7 years ago in Tampa, Florida. He was an illegal at the time. Him and his parents had to leave the states and move to Canada illegally. Approximately 4 years ago he got arrested and deported from Canada. He had move back to Colombia where has was born. This summer I get a message from him stating that my dad gave him my number and he wanted to catch up. He had a tourist visa and could be in the United States for 6 months at a time. In July we got pregnant. Now he is writing messages on Facebook claiming to be someone from my old church stating he is going kidnap my child and take it to France where he is currently living. What legal proceedings should I take? He has called me stating the same thing.
Dear Melissa: With the situation as you describe it, you need some legal advice. AsktheJudge.info does not provide legal advice to teenagers or adults. We suggest you contact a local lawyer who practices family law and knows about custody and visitation issues. Many provide free initial consultations so ask about this when you call a lawyer. Take a look at our Resource Directory for attorneys in your area. Good luck.
http://www.askthejudge.info/directory
(This is information only – not legal advice).
if the parent is court ordered to inform the other parent upon moving to another residence but does not inform the other parent then what?
Dear Derek: If it’s brought to the attention of the judge who oversees the parents’ case, he or she may set a hearing to determine what should be done, if anything. If there are attorneys involved representing you or the parents, discussing the situation with them may resolve this. Good luck.
(This is information only – not legal advice).
My two daughters were taken to Tennessee in May on a court ordered visitation with their dad. He claims that the court order gave him custody, which it did not, and refuses to return the girls to me. Our original divorce and custody decree states that I have custody and that I would be permitted to move to Missouri with the girls. That was put in place in 2007. The girls dad says I can see the girls under his supervision, but will not let me bring them back to Missouri. Can he be charged with parental kidnapping? If so, what do I need to present to get the girls back?
Dear Joyce: AsktheJudge.info is an educational site for and about teens and the law. We suggest you contact a family law attorney who can provide information based on the laws in your state as well as the specific facts and circumstances. You can contact your local court to see if they offer a free legal assistance program as many courts have such programs throughout the country. Finally, you could try your local legal aid office who may be able to provide assistance for free or on a sliding scale basis. Good luck.
(Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
I let my son go with my dads niece for 2 weeks while i had surgery. After the 2 weeks was up she didnt wanna bring my son back and i told her i was moving to Alabama i called the police in that state i lived in and that i live in now and the state she lives in no one wants to help me what should i do
Dear Jessie: AsktheJudge.info is a teen law website providing information to teens about their rights and the laws that affect them. You could try to contact a local family law attorney for information and assistance. You could also contact your local court and/or law library and find out whether they offer a free legal assistance program. Courts in many cities offer these programs once a week on a first come basis. Finally, you could try contacting your local legal aid office as they may be able to assist you for free or on a sliding scale basis. Good luck.
(Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
I gave temporary custody of my 4 yr old daughter to my step sister in San Antonio, TX last month. Now she is refusing to give my child back to me and has been sending me threatening messages on facebook and claims to have called CPS. I am in Dallas, TX and called the San Antonio PD to try and get my daughter back. They have been trying to call my step sister since yesterday which she doesnt answer her phone. A supervisor of the missing person department instructed me to give my step sister her contact info so she can call. I dont think she will since she seems hell bent on making my life miserable now. Can kidnapping and harassment charges be brought up against her now? I have full custody of my daughter since birth (her father has never been in her life). What are my rights in this? If CPS does get involved (they have not contacted me), will they take my child from me based on her false accusations/allegations? I am living in a hotel until my boyfriend and I get a home we will be renting from his boss in the next 2 weeks or so. I also have medical/mental issues but my medicaid is being transferred to Dallas so itll be a month before I can see any doctor to get my meds back. Will this be used against me?
Dear Bridget: AsktheJudge.info is a teen law website providing information to teens about their rights and the laws that affect them. You could try to contact a local family law attorney for information and assistance. You could also contact your local court and/or law library and find out whether they offer a free legal assistance program. Courts in many cities offer these programs once a week on a first come basis. Finally, you could try contacting your local legal aid office as they may be able to assist you for free or on a sliding scale basis. Good luck.
(Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
I was wondering would it be parental kidnap if the child wants to go with his father not with his mother and go outside of the states and live somewhere else but it’s a 50/50 custody between Both parents but still the child wants to go with his father and he is willing to go outide the states with his father. Please someone answer my question as soon as possible, thanks
Dear Skyler: You have to look to the specific court documents about your parents’ divorce or separation to see what’s said about custody, visitation and leaving the state or country. It may not be kidnapping for you to go with one of them depending on the circumstances. They should talk with a local family lawyer about this before leaving in order to avoid a contempt citation or warrant for their arrest. Take a look at our Resource Directory for attorneys around you. Good luck.
(This is information only – not legal advice).
I am a Nigerian, my wife and I are not divorced nor seperated. Some few weeks ago, my wife decieved me, she told me she was takin the kids out to a galleria within the city where we both reside together and she never returned home. The next I heard from her was when her mum called me from the U.S 3days later to inform me that she asked her daughter to come run a program in the U.S, and that she was the one who asked her to come over to the U.S with our 2 infant kids. She (wife’s mother) also told me the kids will be in her custody as my wife will be busy with her schooling. All that happened without my consent. Though the kids are still very young, the 1st is just 2years plus and the 2nd barely 10months old…I never wished my kids to grow outside both of our custody, however, this was motivated by my wife’s mother, who is in the U.S. I have been devastated and heart-broken, and above all; I miss my kids terribly and I do not want my kids to grow outside my influence and reach, let alone growing under such conditions stated above. I feel like I have been robbed and deprived of my rights over my children and I seek a professional councel on how to get my children back home(Nigeria) safely as soon as possible, thanks
Dear Crux: We’re sorry to hear about your circumstances. AsktheJudge.info is an educational site for and about teens and the law. You need to consult with a family law attorney familiar with both the laws of the state where your children are currently residing as well as the international laws. Many attorneys offer a free initial consultation and you may be able to consult over the phone. Good luck to you and your children.
(Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
Hi my name is LaJamia i was wondering what can i do if the father of my children take them for me if we had a verbal agreement when we get them and when we bring them back
Dear LaJamia: AsktheJudge.info is a teen law website providing information to teens about their rights and the laws that affect them. You could try to contact a local family law attorney for information and assistance. You could also contact your local court and/or law library and find out whether they offer a free legal assistance program. Courts in many cities offer these programs once a week on a first come basis. Finally, you could try contacting your local legal aid office as they may be able to assist you for free or on a sliding scale basis. Good luck.
(Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
I have a son that lives in new jersey with his dad have primary custody and I have joint legal custody and visitation every month for 4 days in the city of NJ plus one month of visitation in The city of VA THE TRANSPORTATION HAD TO BE DOME BY MY BABY DADDY HE WAS SUPPOSED TO BRING MY SON TO ME AND IT NEVER HAPPEN …WHAT CAN I DO HE WONT LET ME HAVE MY SON….!!!!HELP PLEASE!!!
Dear Carolina: AsktheJudge.info is a teen law website providing information to teens about their rights and the laws that affect them. You could try to contact a local family law attorney for information and assistance. You could also contact your local court and/or law library and find out whether they offer a free legal assistance program. Courts in many cities offer these programs once a week on a first come basis. Finally, you could try contacting your local legal aid office as they may be able to assist you for free or on a sliding scale basis. Good luck.
(Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
I am a 20 year old woman now. 16 years ago my parents whent to court for my custody. My dad won the case but my mom took me out of California and out of the U.S before the case was even closed. Later on things got fixed but not legally, and I have lived with my dad from there on. I did not hear from my mom for 16 years until two months ago she contacted me. Now that I know from her I wish to see if there is a way I could take her to court and see if justice can be made because of that kidnapping that took place 16 years ago.
Dear Yudit: It depends on the laws in your state and the statute of limitations, which are the time limits the prosecuting office has to file charges against a person for certain offenses. Click here to find out more about the laws and the statute of limitations in your state, but be sure to do your research and make sure the law is still current since state laws are constantly changing. Good luck.
(Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
I have legal signed papers by a judge and my ex wife is suppose to have our son on holidays and I’m suppose to have him during school and he went to visit his mother and she won’t return him I got my papers in Florida and I live in Tennessee and she live in virginia what can I do to see my son again
Dear Fred: We’re sorry to hear about your situation. AsktheJudge.info is an educational site for and about teens and the law. You need to speak with a family law attorney about your rights and options. You can contact your local court to find out if they have a free legal assistance program at which time you may be able to meet briefly with a pro bono attorney. You could also try your local legal aid office as they may be able to assist for free or on a sliding scale basis. Good luck.
(Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
my mothers sister had her kids kidnaapped from her husband over 20yrs ago. the father waas stationd in germany he married had three kids waited for my sister to go to store and the father kidnapped all 3 kids and came to the states we found them what can we do
Dear Iesha: This website is an education resource for & about teenagers and the laws that affect them. As such, we don’t provide legal advice to teens or adults.
We suggest you talk with a lawyer who practices family law. Good luck.
(This is information only – not legal advice).
Hi I had a question ? My son I let a women not blood related nothing because I was about to be homeless and did not want my son to go threw it well it been awaile now and the women withhoding my son and he in danger I have proof can I make a kidnappings report .
Dear Yolanda: Yes, you should report it to the police if the woman has taken your son and is not bringing him back to you. The police will probably want to investigate and will let you know how they are going to proceed. Be sure to contact the police right away as you don’t want any more time to pass especially if he’s in danger.
(Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
I NEED HELP…MY DAUGHTER IS HERE WITH ME IN FLORIDA WE HAVE JOINT CUSTODY THE MOTHER AND ME. THE MOTHER HAS BEEN EVICTED FROM HER OLD PLACE AN IS NOW LIVING ON A CAMP GROUND RENTING A CABIN WHICH IS 2 BEDROOM. HER OTHER SON BY ANOTHER MAN IS GOING TO BE SHARING THE ROOM WITH MY DAUGHTER. HER SON HAS EXTREME BEHAVIORAL ISSUES AND NOT ALLOW MY DAUGHTER TO SLEEP SHE MISSED 30 DAYS OF SCHOOL LAST YEAR AND TEACHERS WERE CONCERNED CAUSE SHE WAS COMING IN TIRED EVERY MORNING AND LATE MOST DAYS. SHE BARELY PASSED KINDERGARDEN AND THE MOTHER BLAMED IT ON HER SON WHO KEPT HER UP AND THIS IS WHEN THEY HAD SEPARATE ROOMS BACK THEN. NOW I HAVE CALLED CPS TO CHECK OUT THIS PLACE SHE IS RENTING WITH HER OTHER BABY FATHER. I HAVE TRIED TO PLEAD WITH HER ABOUT LETTING ME KEEP OUR DAUGHTER UNTIL SHE GETS A BETTER LIVING SITUATION. BUT SHE REFUSES AND IS NOW GOING TO THE FOC. I HAVE CALLED CPS IN HOPES THEY WILL HELP ME OUT. I WILL CALL FOC AND ASK WHAT I CAN DO AND WHAT TROUBLE IW ILL FACE IF I DO NOT SEND HER HOME. THE MOTHER IS VERY MENTALLY ILL AND TAKES MEDS FOR ANXIETY AND I BELIEVE SHE IS BIOPOLAR. I RECENTLY WENT TO COURT IN MICHIGAN AND THEY WERE COMPLETE ASSES. I HAD TONS OF EVIDENCE THE MOTHER HAS 3 CPS CASES FROM ANOTHER STATE THAT THEY JUST DISMISSED AND DIDNT GIVE A SHIT ABOUT IT. PLEASE ANYONE WITH ANY ADVICE OR KNOWLEDGE OF WHAT I SHOULD DO WOULD BE GREAT
Dear Edward: AsktheJudge.info is a teen law website providing information to teens about their rights and the laws that affect them. You could try to contact a local family law attorney for information and assistance. You could also contact your local court and/or law library and find out whether they offer a free legal assistance program. Courts in many cities offer these programs once a week on a first come basis. Finally, you could try contacting your local legal aid office as they may be able to assist you for free or on a sliding scale basis. Good luck.
(Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
I got visitation rights every month for 4 days to see my son… plus to be with my son in my house in the month of July for 30 days my baby daddy won’t let have my 30 days of visitation I went to court and then I had to sign motion for show cause summons or capias against my baby daddy know nobody explained to me what does that mean? What is gonna happen ???
Dear Carolina: That means the “baby daddy” must show the court why he shouldn’t be held in contempt of court for violating the visitation orders. If he is found in contempt, the judge will decide the consequence and it may include some jail time or a fine, etc. Good luck.
(This is information only – not legal advice).
I currently live in Texas and have primary physical custody of my daughter. Her father lives in Arizona. I sent her to visit him for a couple weeks and he is refusing to return her. Arizona has strict laws regarding custodial interference, but the police are refusing to give him a citation saying I need to take him to court. But courts says they cannot do anything until he is cited for custodial interference. They said they cannot cite him the police must do so. Until he is cited, I cannot start the process of getting my daughter back.
How can I get the police to cite him so I can get my daughter back?
Dear Theresa: AsktheJudge.info is an education site for & about teenagers and the laws that affect them. We don’t provide legal advice to adults or teens.
We suggest you talk with an attorney who practices family law about this. You can contact the Arizona State Bar for a list of names: 602-252-4804 or look at our Resource Directory for assistance. Good luck.
(This is information only – not legal advice).
I’M A FATHER , WITH FULL CUSTODY,IN AZ. OF MY DAUGHTER ,I WAS TRICKED BY BABY’S MOTHER & CHILD WAS TAKEN TO ILLINOIS,HOW DO I GET HER BACK LEGALLY?
Dear Joe: AsktheJudge.info is a teen law website providing information to teens about their rights and the laws that affect them. You could try to contact a local family law attorney for information and assistance. You could also contact your local court and/or law library and find out whether they offer a free legal assistance program. Courts in many cities offer these programs once a week on a first come basis. Finally, you could try contacting your local legal aid office as they may be able to assist you for free or on a sliding scale basis. Good luck.
(Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
I have a court order with my late wife’s mother, the question I have is, I have sole custody of my children, she has joint limited, can she take my children out if state without ny consent or me knowing about it? Rven if it is her time to have them
Dear Dan: Since you have sole custody and there are court orders in place, you need to look at them very carefully. If you cannot find anything in the orders about leaving the state, perhaps you could try contacting a local family law attorney in your area or even the court to find out if they offer a free legal assistance program at which time you may be able to meet briefly with a pro bono attorney. Finally, your local legal aid office may be able to offer free information and advice. Good luck.
(Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
my son is not the biological dad of 16 yr old girl. Her mom does not want her home. My son raised her since she was 1 1/2 yrs old. does he need legal guardianship papers in order for her to live with him. He is the only dad she in her life. I do not want to see him in any trouble with the law
Dear Ann: Your son does not necessarily need legal guardianship of the girl in order for him to live with him. So long as her mother is in agreement with the arrangement, it most likely is legal under your state’s laws. However, it may be best for him to seek legal guardianship to protect his and the girl’s rights in case the mother decides to take her back, etc. He may want to contact a local family law attorney in his area or even try the local legal aid office as they may be able to provide free legal assistance or on a sliding scale basis. Good luck to him.
Check our Resource Directory for more help and resources in your area.
(This is information only – not legal advice.)
I have an ACS case I petition for my kids to come to America they are here two years now but I am having trouble back and fort with acs case I decided that I want to send them back because of the frustration and lies from these people the case his even in court what can I do to send them back to my mother in Jamaica because she is the one who grow them your advise will be helpful
Dear Simone: AsktheJudge.info is an educational site for and about teens and the law. We suggest you speak with a family law attorney for further information and advice. Many attorneys offer a free initial consultation. Good luck.
(Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
So I’ve been married 3 years. My wife and I have a 21 month old son. Almost 3 months ago she left and took my son. She won’t let me see or talk to him not even in a public place. I got the paperwork to file for divorce and custody but it’s 1200.00 it takes time to save that I don’t have money growing on trees. What can I do in the mean time. I really miss my boy. Any advice would be appreciated. We live in California
Dear Kinfolk: AsktheJudge.info is an educational site for and about teens and the law. We suggest you speak with a local family law attorney for further information and advice. Many attorneys offer a free initial consultation. You could also try contacting your local legal aid office as they may be able to assist you for free or on a sliding scale basis. Good luck.
(Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
So I plan on moving from Indiana to Mississippi with qmy boyfriend who is in the navy I have custody of our son. His father pays support and thats it. He is not apart of his life and never visits him. We had it sutup in court that there was no set visitation because of his work schedule so it was I let him see him when he askes unless I have plans made already. He has seen him 5 times for maybe an hour each and that was before he turned one and he is about to turn two. Can he stop me from moving or is it illegal for me to move without him agreeing?
Dear Kait: The laws regarding custody, visitation and relocation from one state to another vary from state to state. We suggest you talk with a local lawyer about this. Many offer free consultations for the first half-hour or so. Ask about this if you call one. You mentioned you “have custody of our son.” If this is by court order, read the order carefully for mention of moving out of state. Good luck.
(This is information only – not legal advice).
If you have an acs case due to your child attendance and no longer live in the state the case is in can legal actions be taken?
Dear Kia: It’s possible that the case can be transferred to another state or that it will remain open in your previous state depending on the specific state laws and all of the facts and circumstances. It would be best to notify the department about the change of address and to try to resolve the matter rather than wait for it to catch up to you. Good luck.
(Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
My wife and are going through divorce we have both signed and a had a parenting plan noterized in Washington State, she resides in Canada British Columbia…She has put a protection order against me 10 months ago and since than she has moved with out advising me the parenting plan does state that we are to advise each other if we move. Is that considered kidnapping my daughter? I found out that she moved via UPS, legal documents where sent and I required a signature upon delivery. It was not able to be delivered as it stated no longer at this address?
Dear Franklin: AsktheJudge.info is an educational site for and about teens and the law. We suggest you contact a local family law attorney for more information based on the laws in your state. Even if it’s not considered kidnapping, she may have violated the court’s orders and the parenting plan. Good luck.
(Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
I am a grandparent who with my husband has raised my granddaughter who is 3 years old…On Sept. 29th my daughter who lives in Ok. and I in El Paso Tx. drove 12 hrs to snatch my granddaughter from my front yard..hit her dad with the truck and took off..I did not see my granddaughter for 3 months..we got her back on Dec. 22, 2013 temporarily. until finial hearing..Since we got her back she has made outcries to me and to proper authorities of both physical and sexual abuse..I am doing everything in my power to make sure she never has to go back to my daughter and her boyfriend, of whom the allegations are of..My question is, considering my daughter has walked out on my granddaughter 3 times..the last time was over a year..She has never paid child support..I consider that abandonment, and wanted to know when my daughter and her boyfriend snatched up my granddaughter, was that considered kidnapping? I did not have legal custody of my grandchild, only power of attorney! Also any suggestions on how to get a DA to press charges? They are saying because of lack of evidence they will not press charges..Meaning, there were no witnesses, and he did not tear my granddaughter apart. Even though there are voice recording to the CPS of the outcry..documentation from counselor, and PD…recordings from me…statements from family members of her making the outcry to as well..but still refuse to press charges..I am at a loss of what to do!
Any help would be appreciated, thank you!
Debra
Dear Debra: We’re very sorry to hear about your circumstances involving your granddaughter. Other than reporting the incident to the police and contacting the prosecutor’s office directly, there’s not much more that can be done besides contacting a local attorney, either criminal or family law, who may have more information about how to possibly get charges filed based on the laws in your state as well as all of the specific circumstances. If you don’t already have a family law attorney assisting you, you can try contacting one in your area or possibly through your local legal aid office. Many attorneys offer a free initial consultation. Good luck to you and your family.
(Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
While I was pregnant with my son, my son’s father was dying paternity. Then after I gave birth he wanted to say he was the father. When I told him he wasn’t on his birth certificate nor did I give him his last name, he took him from my home. He had it planned to kidnap him from me whether or not he was really his. I called the policed and they charged him with kidnapping. He bailed out after he paid for a DNA test which proved all along that he is my sons father. now the district attorney’s office in my state/county don’t know whether to send the case off to a grand jury as a kidnapping afterall. I’m so upset because I don’t feel that it’s in my sons best interest for him to be in his life. I feel he deserves to pay for his crime.
Ps. He’s been in jail before for family violence/assault and has done drugs before, plus there was domestic violence between us 2 week prier to my pregnancy. He lives with his mother & 2 older brothers who also have criminal records.
Dear Gomez: If the case goes to grand jury, then there may be criminal charges filed against him. However, whether or not he’s in your son’s life is more of a civil matter. Therefore, you should consult with a family law attorney for further advice. Many attorneys offer a free initial consultation. You could also see if your local court offers a free legal assistance program at which time you could meet briefly with a pro bono attorney. If your son’s father is attempting to get custody, then you may need to address the issue now especially since you want sole custody. Best of luck to you and your son.
(Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
My 15 year old son texted me my 12 year old & 11 year old leaved with us my Mom came just got them she has temporary custody. But, signed a paper give them back to me my son is winning to committee suicide. Please tell me what I can do
Dear Jennifer: Wherever you live there is help in person, by telephone or online in cases of suicidal ideas. You can call the National Suicide Prevention helpline at: 1-800-273-8255 or in Spanish at 1-888-628-9454. It’s confidential and free. Don’t put off getting help for your son. Good luck.
(This is information only – not legal advice).
My daughter was taken to DR by her mother. Her mother came back within months and fought for custody. I eventually won full custody. New York State ordered my child back. She refused and was issued a warrant for her arrest by NY State and eventually the FBI. 5 years have past with limited contact and now was arrested in Miami. She is supposed to be sent back to NY for trial soon. What are the charges you think will be against her? How many years do you think she can receive in jail? Should she be charged by the US government and State of NY for seperate charges ?
Dear Jerry: AsktheJudge.info is an education site for & about teenagers and the laws that affect them. We don’t provide legal advice to adults or teens. We suggest you speak with a lawyer familiar with juvenile or family law. Good luck.
(This is information only – not legal advice).
My wife is in prison and has over two years left for a violent crime. we have a 77 year old daughter who lives with me and spends alot of time with a friend that my wife gave temp gaurdianship too. After my wifes sister took our daughter to vist her mother. she refuses to bring her back and is saying that she plans to keep her? I have not seen or heard from my lil girl in 4 days? Please advise? We live in Cailf. thanks in advance RRegards J eaken
Dear James: Assuming there are no custody orders in place, both parents are entitled to custody of the child. Of course, your wife’s care and control of your daughter are temporarily suspended by circumstances. We suggest you speak with a local lawyer who practices family law for advice. Many lawyers offer free initial consultations. Ask about this if you call. Good luck.
(This is information only – not legal advice).
Can a parent relocate without telling the other parent with joint custody? Although in the same city?
Dear Terrie: It’s going to depend on the terms of your custody arrangements and the orders of the court. Refer to the custody orders and see what they say about one party moving. If you need further clarification, try consulting with a local family law attorney. Also, you could check with your local court to see whether it offers a free legal assistance program at which time you may be able to meet briefly with a pro bono attorney. Good luck.
(This is information only – not legal advice.)
I have full custody of my son he went with his father for a weekend visit and not returned because the father said he didn’t have tranporation. When our court order say child return to mother on sunday at 4 pm.. its now monday and I still haven’t heard anything bout my child.. what can I do?
Dear Kyesha: Askthejudge.info is an education site for & about teenagers and the laws that affect them. As such, we don’t provide legal advice to adults or teens.
We suggest you talk with a family lawyer in your area about your rights and what you can do in this situation. Also, your local court may have a program where lawyers provide free legal advice in domestic relations cases. Contact your court and ask about this. Good luck.
(This is information only – not legal advice).
my son’s fiance took the kids to another state for Christmas with her family. she decided to stay without talking to my son. what rights does he have as a father? he had no prior knowledge of her staying. the plan was she was to come back. they have a biological child together.
Dear Mary: We recommend that he talk with a local family law attorney. Some offer a free initial consultation. We don’t provide legal advice to adults or teenagers. We are an educational site for & about teenagers and the laws that affect them. Good luck.
(This is information only – not legal advice).
I have visitation rights But the mother of my child has changed her number and address I have not talked to seen my kid in a year but she lives in pa and I live in NY how can I get this fixed
Dear Levan: You need to contact a family law attorney to further assist you. Many attorneys offer a free initial consultation or you could try contacting your local legal aid office to see if they could provide free assistance in your case. Finally, if you speak with a clerk at your local court about your options as to getting this matter addressed by a judge, you may be given some direction and/or the court may offer a free legal assistance program at which time you could meet briefly with a pro bono attorney.
(This is information only – not legal advice.)
Ok i have took care of my oldest child til he was over 4 and a half years old i felt like he should know his father once the dna was done his father got a lawyer and got joint and physical custody of him. There were no trials nothing that proved me unfit i didn’t have a lawyer because i didn’t even know anything about court. we had a telephone hearing i won by default guess he made up an excuse all i know is my child deserves better he deserves to know his father but he don’t deserve to be taken away from the only family he has known
Dear Sherina: AsktheJudge.info is an educational site for and about teens and the law. We suggest you contact a family law attorney in your area who can answer your questions and possibly provide legal assistance. Many attorneys offer a free initial consultation or you could try your local legal aid office. Check our Resource Directory for possible legal assistance near you. Good luck.
(This is information only – not legal advice.)
I have custody of my boys, in 2012 I signed gaurdianship paperwork for my mother to be able to take them to the doctor if need be, she is now threatening me to sign custody over to her, she has also threatened me that “I better not pick them up from school or she would call the police.” Can I get in trouble for picking them up? I feel she has some pull since she is a deputy clerk in our small town.
Dear Angelita: AsktheJudge.info is an educational site for and about teens and the law. You really need to speak with a family law attorney in your area who can provide information based on your state’s laws as well as the circumstances of your case. Many attorneys offer a free initial consultation or you could try Legal Aid for assistance. Check out our Resource Directory for resources in your state/area that may be able to help. Good luck.
(This is information only – not legal advice.)
Me and the mother of my child currently have a court order that I get my son 3 days out the week and she hasn’t been meeting me to swap, could I file parental kidnapping for this matter? If not, what will the judge do once the court date comes ?
Dear Anthony: Refusing to follow a court ordered visitation schedule can result in a finding of contempt and possibly jail. Whether the mother’s failure to comply constitutes parental kidnapping depends on the laws in your state. We suggest you speak with a family lawyer before the next hearing. He or she can explain to you your rights in this situation. The judge may change the visitation order or even custody depending on the mother’s attitude and facts of the case. Good luck.
(This is information only – not legal advice).
My husband and I separated and I had my children. I fell on hard times and my husband was caring for my babies. A boy and girl. His mom now has my kids and has filed a restraining order against him. They are refusing to let me pick up my children or even see them. Shouldn’t I have rights before them? Lawfully, can I take them if I had a chance?
Dear heartbrokenmommy: AsktheJudge.info is an educational site for and about teens and the law. We suggest you contact a family law attorney in your area for further information and advice. Many attorneys offer a free initial consultation. Also, you could try contacting your local legal aid office for assistance. Good luck to you and your family.
(This is information only – not legal advice.)
My kids just went to Texas for the summer to spend time with their dad B/c I am their primary parent. I Drove all the way down to Texas from Ohio to pick them up and he refuses to give them back to me. I got the police involved and the military police b/c he is in the army. I thought this was kidnapping?? How is he getting away with this? Why won’t the law help me?
Dear Jolene: AsktheJudge.info is an education website for about teenagers and the laws that affect them. We don’t provide legal advice to adults or teens.
We suggest you talk with a family lawyer about this situation. He or she will be familiar with your rights as a parent and the laws that apply to this intrastate matter.
(This is information only – not legal advice).
So, I’m 16 years old. My mom left my dad 8 years ago and my dad got custody over us. She has joint custody and we see her every other weekend. I’ve always wanted to live with her, but my dad would always say I could then take back what he said. He’s a terrible person from what everything he’s done to my mom and me. It’s also a control problem. He keeps me and my 14 year old sister locked up like an animal, and we never get out of the house unless we’re with him or going to school or a school event. This whole summer I’ve spent most of my time with my grandma or mom because my dad and I have had issues. He always calls me a liar. And he has threatend us. And called us names. Nobody thinks its safe. And I want to refuse to go home. I’m 16 so I am old enough to choose. Nobody thinks its safe for me and my 14 year old sister to go back. What should my mom and Grandma do?
Dear Amy: Since your mom knows about this situation, she needs to talk with a family lawyer for advice. If your dad won’t agree to a change of custody, your mom may be able to ask a court to change the existing custody arrangement. She may be able to obtain a free consultation for a brief period of time and that may be all she needs to decide what to do. If she calls a lawyer, tell her to ask about this. Many lawyers offer free initial meetings as a way to get more clients. Good luck.
(This is information only – not legal advice).
My husband and his 8 year olds mom were never married and have no custody agreement, he has her for the summer here in Louisiana she is from Michigan, her mom is bad on drugsvand its not a great environment for her…do we have to return herveven though there 8s no custody agreement…..can we file for an emergency custody order?
Dear Kacey: If you have evidence that this child’s environment when home with her mother is detrimental to her well-being, you should talk with a local lawyer who practices family law. He or she will know the laws that apply here and advise you about how to proceed. Good luck.
(This is information only – not legal advice).
My ex and I just got done with a second herring we agreed to mediation paperwork I went to pick up my daughter directly afterwards and was denied she’s taking her on a vacation this weekend and notified they wete going but hasn’t provided the itinerary ofvthe trip she wouldn’t let me at least take her forvthe night before their trip I called the police who gave me a card stating she wouldn’t give her to me and my ex’s lawter told her send me the itinerary after all this to cover herself what can I do? Cause she’s tskong her outta town without my permission and removing my legal rights to my daughter
Dear Shawn: AsktheJudge.info is an educational site for and about teens and the law. You need to speak with a family law attorney about your rights. If you don’t have an attorney, you can call around and also ask whether they offer a free initial consultation. Otherwise, you could contact your local Legal Aid office to see if they provide assistance with family law matters. Good luck.
(This is information only – not legal advice.)
i heard my daughter mother was taking my child from washington to colorado she did not let me know any of this i servered her a parenting plan befor she got out of state,she took my daughter anyways,is this abduction and will the colorado police retrievev my child for me
Dear Tandy: We are an education site for & about teenagers and the laws that affect them. We don’t provide legal advice to teens or adults.
We suggest you talk with a lawyer in your area who practices family law. Good luck.
I am the father of the seven-year-old son and there is a parenting plan in place I am the primary caregiver for about 85% of his time.
I was to undergo some surgery so in the best interest of my son I sent him out to stay with his mother this summer for an extended stay. I had been well for more than a month and the mother refuses to return the child to his home state and his primary caregiver. I even called in a mediator to mediate at no success. I live in New Mexico he is currently in Atlanta Georgia on a military base Fort Benning.
I have filed a emergency motion to enforce the parenting plan and return minor child to home state of New Mexico.I also have a series of emails that clearly spell out my intentions and that them extended visit in no way changes the parenting plan.
My question: is this a felony? I know it’s contempt of court and I’m doing everything I can not to put my son any kind of arms way for he is the one that is being held hostage until she gets what she wants. The mother said until she gets the parenting plan she wants she will not send the child back to his home state.
Any Thoughts or suggestions?
Dear Paul: AsktheJudge.info is an educational site for & about teenagers and the laws that affect them. We don’t provide legal advice to teens or adults.
We suggest you talk with your lawyer regarding the best approach to enforcing the parenting plan. It gets complicated when two states and, in your case, the military, are involved. Good luck.
(This is information only – not legal advice).
I was admitted at the hospital because of bleeding gums so i called my ex to pick up son at my house where his bus drops him off. my ex says why can’t you get anyone else to pick him up. I told him I wouldn’t bother you if it wasn’t an emergency and you were my last option. Just picking up our son one time he complains. Anyways my drops him off at my parents house. Saturday morning he picks up our 2 kids from my dad. I tried calling him up everyday during my stay in the hospital but no response. I left messages,texts sometimes 3 times a day, nothing. I told him i was out of the hospital already and it’s been more than 2 weeks now I haven’t heard from my kids. I’m worried about my son because he needs his supliments (ensure milk) and that he might be losing weight. Everyday i’d call no answer should i charge him with kidnapping? I’m assigned primary custody for both kids and he gets the weekends and during summer we have to agree on the schedule but usually I end up keeping the same schedule because he couldn’t bring them to their appointments.
Dear Rosanna: This website is an educational resource for teenagers about the laws that affect them We don’t provide legal advice to adults or teens.
We suggest you talk with your lawyer about your visitation schedule and what to do when you’re worried about your children when they’re with their father. Good luck.
(This is information only – not legal advice).
Me and my husband been married for three years and we been having problems so I left him last august for five months and decided to give it another try and the same domestic violence was still happening so I left again but this time I left like two hours away and we are still married and I took our children with me can I get in trouble.we also have a cps case open
Dear Bianca: AsktheJudge.info is an educational site for and about teens and the law. We suggest you speak with a family law attorney for further information and advice. Many attorneys offer a free initial consultation or you could try contacting your local court to see whether they offer a free legal assistance program at which time you may be able to meet with a pro bono attorney. Good luck.
(This is information only – not legal advice.)
My daughter is Incarcerated due to father of her children, made false statements to New Castle County Police. Douglas Riley said mother took children from him and never returned, Children and mother fled Delaware 6-4-2009 due to fathers abuse and never returned. Father is a Sex Offender so mother had sole custody. Prosecutor of Delaware closed his sex offense case 2011 failure to prosecutes when he changed his plea to not guilty 2002. Mother was extradited from Miami 3-2013 Mother had domestic dispute with husband (not father of Kids). They said there was a warrant for mother. Mother did not know was Warrant explained its a mistake Mother was detained in Miami Jail till 4-12-13 Parents Bonded her out in Delaware. Mother was told to return Monday 4-15-13 9am. Mother has remained incarcerated. Monday 6-3-2013 mother received Prosecutor charges against her as Felony 1 interfering with custody. Father told New Castle County Police mother took children from him February 27, 2013 Aidan’s Birthday Mother was in Miami. Father has default custody order from April 2011. Mother erred date for April 8 2011. Judge gave father default custody. Judge denied all Mothers motions to reverse decision. Father tried to enforce 4-2011 order in NY Family court Nassau County where mother,children and grandparents lived since 2009 June. Judge denied fathers petition to enforce custody on September 19,2011 NY Judge said clearly the children do not know You dismissed enforcement and Judge issued Stay away order of protection for mother and children. On 9-30-2011 2 weeks after NY Judge gave mother and children Stay away Order of Protection, father Douglas Riley filed a PFA in Delaware Family Court alleging mother had abused and harassed him and children in his physical(children were in NY), Mother ignored him and father received a default PFA for mother ignoring him. In 10-2011 Father went to Delaware Family Court filed Contempt of PFA alleging mother continues to harass him and children in his physical custody(children Lived in NY) Father made false report to New Castle County Police 2-27,2013. Douglas Riley led Police and Delaware State Prosecutor to believe children where abducted/kidnapped from his physical custody. The Arrest Warrant has innocent Mother Christina Ozdemir in Jail. Delaware contacted Missing and Exploited children for assistance. The children were posted as abducted from father 9-1-2011, possible relatives grandparents have them. Missing children Squad came to our home and did not remove the children they said as far as they are concerned the children are safew and well. They closed the case. Fatherwas advised. Father went to Court Shrrif in Suffolk County our residence post Hurricane Sandy, to ask for children to be removed from abductors kidnappers. The children Aidan and Izabella now 4 years old and 6 years old were removed from there home ,family who they love and love them so much screaming and crying. Sherrif drove them to Fire Station in Setauket NY where Sheriff gave 2 children screaming and crying driven away with father they do not know and his girlfriend Dawn M. Campbell aka Romano aka Peterson who is on Methadone for Heroine addiction.Screaming and Crying due to Lies made to Police State Prosecutors,Advocates.
Children are with drug & alcohol abusive father they fled from in 2009. Father drugged Aidan 2 years old with NyQuil so he would not bother father. I fear children of may die from drugs father has given them. Its been 3 weeks children are separated. fathers girlfriend Dawn Campbell aka Romano aka Peterson 45 years old is a Heroine Addict lost her children. Please help! Children need help to come home. mother is in Jail for FALSE Statements Delaware Police,Delaware State Prosecutor, NY Police NY Courts. How could this happen? Help the Children they need there MOTHER not fathers girlfriend who has done much damage writing negative ads against there mother. Girlfriend has posted children’s pictures with negative postings/comments of Mother and Grandparents.
Dear Elena: We’re very sorry to hear about your daughter and grandchildren’s situation. AsktheJudge.info is an educational site for and about teens and the law. Since your daughter is in custody facing a felony charge, she should be appointed a public defender to represent her if she cannot afford an attorney. She really needs to speak with her attorney about all of this. Her attorney is in the best position to sort through the facts and any evidence and help her case come to a close with the best possible result. In addition, you could try speaking with a local family law attorney on your daughter’s behalf to see what can be done about the custody issue, etc. Many attorneys offer a free initial consultation consisting of 30 minutes or so. Finally, if you believe the kids are in danger, it should be reported to the police or to Child Protective Services who will go out to the home and investigate. Best of luck to you and your family.
(This is information only – not legal advice.)
I live in Pa with my dad, i’m 14 years old. He has primary custody. My mother has no visitation rights, she failed several drug test and has not sought help as the court ordered her to. We want to move to Fl this summer. Would there be any issues?
Dear Tom: Your Dad has to look to the court orders he has from the separation or divorce case. The judge may have addressed relocation to another state or country. Since your Mom has no visitation at this time, you may be able to move without her consent or input. Your Dad should talk with his lawyer about this before moving. Good luck.
(This is information only – not legal advice).
My mother has manipulated and tricked my son, age 11, into living with her and has filed for emergency custody under a lie, is there anyway I can stop it? I have not been served yet, so is it legal? I received an email from the lawyer stating she got it approved. If I take him down and get an order of protection against her, can this stop it? She is a child abuser, liar, and manipulator.
Dear Ellie: We do not provide legal advice to adults or teenagers. We are an educational site for & about teens and the laws that affect them.
We suggest you talk with a family lawyer who can advise you in this matter. Some provide free consultations for the first 30 minutes or so. Ask about this if you call a lawyer. You can also obtain a free consultation at your local superior court from the Family Law Assistance Program. Call the court and ask about this program for the public. Good luck.
(This is information only – not legal advice).
My estrainged husband stole our daughter in 2002. He is untraceable and his mother will not let me know his whereabouts. I am finally getting my divorce but I need my child who is growing up without me. Can he be prosecuted for taking her?
Dear Barrie: It’s going to depend on your state’s laws as well as the specific facts of the case as to whether he could face charges. We suggest you contact a local family law attorney who may be willing to meet with you for no charge for the first 30 minutes or so. Good luck.
(This is information only – not legal advice.)
What if the mother moves and discovers she is pregnant a week later. She deceids not to tell the Father.
Dear Dawn: Not informing the father may have consequences down the line. Each parent has rights under the law to custody and visitation as well as the obligation to support the child. We suggest you talk with a local family attorney for advice. Many will give you a free consultation for thirty minutes or so and that could be helpful in your situation. Good luck.
(This is information only – not legal advice).
I found out that my gr nephew was upset and angry from his girl friend took his baby son 3 months old. She took her baby from my gr nephew house move out to her parnet house. They are 21 years old and unmarried. She was post partin depression from after baby born. She was angry and fight and mad from my gr nephew. She was unfit mother and no job and no back school. He have ready his work from hospital and take care his baby son for buy diaper and milk and chothes and doctor appt.And I am worry for baby gr gr nephew because his mother wont talk her medication from post partin depression… Today his mother and my gr nephew went to new lawyer for back his baby son and she had post partin depression. He want back his baby son for full custory!!!!!!
Dear Vicki: Since he has a lawyer, he should explain everything to that person and listen to the advice provided. His lawyer will know how to best represent him and protect his rights to the child. Good luck.
(This is information only – not legal advice).
I have a daughter with a woman who has taken her from my home and now won’t tell me where she is. We were living together. She claims she’s still in the same state of South Carolina. Neither of us has official custody over my daughter. It sounds like parental kidnapping. Should I call the police?
Dear Paul: You could report it to the police, but since there are no custody orders, there may be nothing that can be done on at this time. Since it sounds like your daughter’s mother is not willing to let you know where they are living, you may need to get the court involved in order to have visitation rights or custody ordered by a judge. Try contacting a family law attorney in your area for further information and help. Many attorneys offer a free initial consultation. You also could contact your local Legal Aid office to see if they can assist you. Good luck.
(This is information only – not legal advice.)
Hello,
My brother and his daughter’s mother had a child together in Aug 2012 in the state of Arizona. My brother is listed as the father on the birth certificate, the child has my brother’s last name and they had established domestic partnership through living together, family health insurance, ownership of vehicles, etc. The mother recently moved to California without my brother’s consent. What is the best course of action we can take? She also wants to change the child’s last name. Is that possible without his permission? Where should we start to ensure this doesn’t progress or deteriorate further? Thank you for any assistance you can provide.
Dear Julie: We suggest that your brother talk with a family law attorney about his rights as the father to this child. Both states, Arizona and California, have laws regarding custody, visitation, child support and name change. In order to enforce his rights he will need the advice of competent counsel. He can contact the local superior court for information about family law attorneys or call the Arizona State Bar for a list of attorneys in his area. Good luck.
(This is information only – not legal advice).
We were divorced in tarrant county texas. We both live in nm. My boys are 15 and 16. They been living with me for a year. She does not help financially and worst of all. She recieves child support. From me. Finally able to serve her legally for custody. Since then, she now wants to force my kids back with her. My boys refuse to go back with her. Can I be force to send them back? Or do can they remain with me till we go to court?
Dear Sergio: AsktheJudge.info is an educational site for & about teenagers and the laws that affect them. We don’t provide legal advice to teens or adults.
We suggest you speak with a family or divorce lawyer who can advise you of your rights and the laws regarding custody. Good luck.
(This is information only – not legal advice).
What if your child was kidnapped by a parent who has no custody rights and no visitation rights and lied so that the authorities can help assist the kidnapping? The contempt of court process takes so long and I cannot go to the cops because they assisted the mother in removing the child from my home. By the way, I have sole legal and physical custody of my son; however, the mother lied and told the cops that my court order is fraudulent and they believed her. They would not listen to me even though I told them that the same court order is registered in the state of New York and supersedes our original divorce decree. Any help will be much appreciated!
Dear Augustine: AsktheJudge.info is an educational site for & about teenagers and the laws that apply to them. We do not provide legal advice to adults or teens. We suggest you talk with an attorney who specializes in family law. Good luck.
(This is information only – not legal advice).
I recently came to Colorado because I need surgery since arriving here my husband who left us to move here now will not allow me to leave with my children. He says I will be arrested but I need surgery and have family in another state to help me and my children. Is this true? Can I not leave here with my own children?
Dear Maria: If there’s a court order in place concerning custody, then you need to follow the order. Otherwise, it’s up to you and your husband to work out the arrangements. If that cannot be done, you may need to get the court to intervene. We suggest you contact a family law attorney for further help and information. Good luck.
(This is information only – not legal advice.)
I really want to live with my dad out of the state. My mom says that I can’t. She has physical custody. My mom and my dad both share joint legal custody of me. I’m 15 years old. My dad is supposed to come to get me in 10 days. My mom will not approve it. What will happen of he just comes here and takes me?
Dear Adrien: Both parents are required to follow the judge’s orders regarding custody and visitation. Hopefully your parents can work this out and do what’s best for you. When your Dad comes out, maybe this is the time to sit down with both parents and explain how you feel about your living situation and why. A calm discussion, especially considering your age, may result in changes that all of you can live with. Good luck.
(This is information only – not legal advice).
i live in wisconsin, i had a full custody order of my son for 7 years then i decided to do a shared placement with his mother, my family court orders are in wisc, the mom was legally able to bring son to montana, after a few months of being in montana i get informed from a 3rd party that my ex on a volentary basis she had to place my son out of home, i was not contacted by cps a 3rd party did, then i called cps stating i am filing for full custody that i am getting my son, they said no, even tho there was no cps filings in any cour! the day i got my full custody order in wisc, i called cps they still denied me. 6 hr later i get served by cps in mt, so i obtained my full custody order before going to court in mt, but yet they still denied me to tell me where my son is at, i go to court in mt 9 days later and the judge still denies me my son even tho they had nothing on me, i pasted home study and back ground check i still get denied, 2 years go by still dont know where my son is at and didnt speak to him bec of cps, wont give me medical or school records, the head cps regional director took over the case and they admited that the former cps worker screwed up but after two years she was taken off the case but i still dont have my son! is there pre justice? due process violations? violation of rights? cps kidknapping? violation of uniform child custody jurisdiction act! violations
Dear James: AsktheJudge.info is an educational site for and about teens and the law. We suggest you contact a family law attorney for information and advice. An attorney should be able to answer your questions and put you on the right track to get your son back. Many attorneys offer a free initial consultation. You also could try contacting the court in your area to find out if they offer a free legal assistance program at which time you may be able to meet briefly with a pro bonon attorney. Good luck.
(This is information only – not legal advice.)
hey judge me an my girlfriend live in nyc i need to know if she is able to leave state while we are fighting in family court and she has open acs case even if its a vacation is she able to leave.
Dear Thomas: Unless there’s a court order prohibiting her from leaving the jurisdiction of the court, she’s free to travel as she pleases including leaving the state. She should pay close attention to any orders issued in her family court case regarding her whereabouts and any travel restrictions. She should speak with her lawyer about this if she’s unsure or doesn’t quite understand the judge’s orders.
(This is information only – not legal advice).
in the state of Arizona If a child is in phyiscal custody with his father for 18 months, the mother never sees the child, the mother shows up takes the child and tells the father she is leaving the state is this legal?
Dear Paula: That depends on a number of factors: whether any custody orders exist from a court; whether the mother was granted visitation and the terms of such; the age of the child; the circumstances regarding the parenting abilities of the mother and father, etc. We suggest you speak with a lawyer who practices family law for advice. Good luck.
(This is information only – not legal advice).
Okay my mother had verbal custody from a judge , but my siblings and I don’t feel safe at the house she has us staying at. The guy she chose to be with was a former “Methhead” and he’s been threateniung my father. She’s threatened to call the cops if we weren’t back at a certain time and I have no clue what to do because we’re scared to go back.
Dear Jacqueline: You didn’t mention your age but we assume you’re under 18 as well as your siblings. If you feel unsafe in this situation, you need to tell an adult you trust about what’s going on. Talk with your father or another adult relative. Judges understand that circumstances change and changes in custody orders are possible. The bottom line is always what’s in the best interests of the children. Good luck.
(This is information only – not legal advice).
my sons 1 year old son was taken from his mother by cps in south bend ind and was in foster care for two weeks he has now been placed into his maternal grandparents home,only because we live in niles mich.cps said only because they dnt want the child to leave the state of indiana and it would take a long time to move the cases to mich they also never took the child support away from her their leaving it up to her to get if it to her parents.we have very little money for a lawyer.isnt this not fair to my son and his child they are paying for the childs mothers mistakes and we havent seen my grandson since christmas and we are left right now out of the childs life and in the dark
Dear Michelle: AsktheJudge.info is an educational site for and about teens and the law. Your son really needs to consult with a family law attorney if he wants to see his son, change the custody arrangements, dispute the child support, etc. Many attorneys offer a free intitial consultation which would at least give him some information about his options and the next steps to take. Also, he could try contacting his local court to find out whether there is a free legal assistance program which would allow him to meet briefly with an attorney for some assistance. Finally, it’s possible that Legal Aid might assist your son with his case. Good luck to him and your family.
(This is information only – not legal advice.)
My mom terminated her parental rights to me when I was 2. I live with my dad and I will be 17 in a week. We live in Texas and I found out I can runaway at 17 and they can’t make me go home. Can my.birth mom get in trouble if I go to her? My dad has custody of me.
Dear Carly: It’s very possible that your mom could get in trouble for harboring a runaway or another similar law. You most likely have been misinformed about the laws in your state since most states require that you follow your custodial parent’s rules (within reason of course) until you are an adult which is typically 18. However, if your Dad agrees to let you live with your Mom or another adult, then there shouldn’t be a problem as long as it’s a safe environment and there is no criminal activity going on. Best of luck.
(This is information only – not legal advice.)
I’m happy to say that I am engaged to a wonderful man whom I’ve known and loved for the past six years… albeit the reason for this note… My fiancee has been divorced for approximately four or five years now and it would have been years earlier had his ex not have refused to sign their divorce papers- for reasons that she has exclaimed to me and several others that she, “was/is not going to make this easy” for my fiancé.
My fiancé needs your help. He, his three children and his ex have resided at his current residence throughout and years after his divorce. It was agreed that his ex would move out and the children would live with either she and or him and or both. Year after year has gone by and she kept giving my fiancé the run around, giving her word and agreeing that she would move and again she has yet to do so. He and I did not want to put our lives on hold any longer than the three years we waited, before moving in together at the same residence as a couple. There are more details, but there is too much to include in this note and this is all to say that my fiancé needs your help.
His ex refuses to move. She has held up in the residence and my fiancee has been unable to rent the space she is living in. He is unable to garner, much needed income to provide the best quality of life for his children. Also, her presence is a hostile one and one she is claiming via a court order, that is giving her mental anguish when she hears me asking my finance when she is planning to leave. She rented an a apartment over the last three months and refused to move out and cancelled her lease to fuel her claim/case for remaining in an environment that she claims is “causing her mental anguish”. She has also entered our space without permission and taken pictures to contrast and compare the bedroom that we’ve set-up for my fiancé’s son, claiming that he is neglecting his son. This is all to say that she has filed false claims according to what was detailed in the summons that my finance received. She also, claimed that my fiancé and I have been together for one year.
My fiancé wants the best mental health for his children and this is not possible with his ex living under the same roof… also, a roof that she is now seeking to own and has been heard through the halls exclaiming “I’m not going anywhere!”
The above story is a long and stressful one of a family being held hostage by a mentally deranged ex-wife.
Help!
Dear Jill: AsktheJudge.info is an educational site for and about teens and the law. We suggest your fiance contact an attorney who handles property law or landlord/tenant issues. If the ex’s name is on the mortgage or there are more financial issues that are being disputed as part of the divorce, then a family law attorney may be able to assist. Many attorneys offer a free initial consultation. Good luck.
(This is information only – not legal advice.)
Oh, and by the way, we’ve called child protective…. right out of the gate, they got the wrong impression… a few of the first words we heard were, “We’re not here to fight out custody matters”…. this isn’t ONLY a custody matter… it’s also regarding the well being of our child! If the stuff that this kid has been through, isn’t erratic, abusive, insane, and improper, I don’t know WHAT IS! “It’s very hard to investigate or prove, emotional abuse” they say…. “We generally don’t get involved unless someone is DIRECTLY harming the child” they say…. How is not harmful, to witness physical and substance abuse… how is it not harmful, to be abruptly torn away, from your home, family, life, school, and everything you know, 2 days before Christmas? Cmon people…. get real…
THANK YOU! And one more question…… We are gathering facts, and evidence, for emergency/temp sole custody. Unfortunately, the lawyer we hired REALLY isn’t very informative, but we’ve already financially exhausted ourselves, so firing, and rehiring, isn’t an option…. What advice would you give someone, in preparing the facts and evidence for emergency custody? To be honest, her history is so bad, and so long, that we really don’t know where to start. My husband, myself, and my children, just live very simple, stable, average lives. Our mission now, is to properly prepare the info, so that the judge, is as easily convinced of the need for emergency custody, as everyone else involved… her own family is calling us, to attest to how bad it is there for Pete’s sake….. Basically, it’s OBVIOUS to everyone that knows the situation… what’s your advice in making it just as obvious to the judge? Oh.. and FYI: The District Attorney General, and Domestic Detective in our area, are backing our desire for this emergency order, per their desire to press felony custodial interference charges…. Do you expect that that will influence the judges decision? This is ALL very frustrating. We always knew that criminals had to pay for their crimes… it just doesn’t seem right that the VICTIMS would have to pay for their crimes this much!!!! Our other 2 children, are literally TRAUMATIZED by how this has all played out so far… no matter WHERE we turn, to get protection, we get the same answer, “We can’t help you with that”…. In my opinion, we SHOULDN’T have had to hire a lawyer… WE ALREADY DID THAT WHEN WE GOT 50/50!!! AND IT HASN’T DONE US A BIT OF GOOD!
Dear Step Mother: AsktheJudge.info is an educational site for and about teens and the law. We do not provide legal advice to anyone – teens or adults. You will need to speak either with your attorney or consult with another family law attorney in your area for advice on petitioning for emergency custody. You may want to try Legal Aid in your area for free assistance or ask your court whether they offer a free legal assistance program where you could meet briefly with an attorney who can provide information and advice pro bono. If this is an option, at least it would give you a second opinion on the situation. Take care.
(This is information only – not legal advice.)
My husband and his ex, share joint, 50/50 custody of their 12 year old son. Both parties, and the child, have been living in TN, for almost 5 years. The mother moved to TN, due to my husband offering to share 50/50 with her if she left her abusive relationship & started fresh near us (she was under child protective investigation on behalf of her youngest son, because her lifestyle was so bad with her boyfriend. Documented physical abuse, substance abuse, etc.). Anyways, for the last 5 years, we’ve shared 50/50 custody with the mother. The mother was named “primary residential parent” due to a worry that she wouldn’t receive food stamps, etc. if she didn’t have it. There was a special provision, added to the basic 50/50 agreement, that “SHOULD A PARENT DECIDE TO MOVE FROM THE SCHOOL DISTRICT IN TN, THAT THE CHILD RESIDES IN, THEY SHALL NOT TAKE THE CHILD. THE CHILD SHALL STAY WITH THE PARENT THAT REMAINS. The judge ordered this, due to her history of moving around, changing boyfriends, changing the child’s school 7 times in 3 school years etc. Anyways, 2 days before Christmas of 2012, she and my step son (whom i’ve been involved with for 9 of his 12 years) disappeared. She abandoned our entire life here, her current husband and step son, broke the court order, etc. We didn’t have any contact/response, or become aware of their location until January 6th. She took the child to Maine. She left, to shack back up with the guy she left Maine for originally, 5 yrs ago. They have physical fights in front of the child, they both have a history of substance abuse, she has never had a legal job to our knowledge, etc. She refuses to put him in school even! She’s literally breaking every single thing in the custody order. It’s just a very, very bad situation. We hired a lawyer in TN, to defend my husbands parental rights, and get the child back. It’s been almost a month, and nothing has really happened yet! Maine will not enforce the order, Tennessee is taking forever to file their “custodial interference” charges, and we’re running out of resources, and options! We’ve gone down every path we could find! My husband went up there to try and get him back, but the mother won’t allow him near the child. My husband and I have a stable history, with no major flaws to speak of. We should already have him back! She has a long history of erratic, unhealthy behaviors! It’s been almost a month now though, and nothing seems to be happening. The indictment may not go through, because Maine won’t even arrest her unless TN plans to extradite. The holidays kept the judges away forever. Now the judge on this cases mother died and he’s out again. My husband is about to fly home because he’s missed so much work. With the circumstances described, and laws broken, should we keep faith that he’s coming home!? Or is there a good chance, even with ALL THAT, that she’ll be successful? Also.. one more question.. the child is 12, and finds this move exciting and fun. Under different circumstances, my husband wouldn’t be trying to get him home, but she’s CLEARLY not a stable mother. If it is PROVEN, and the judge AGREES, that her lifestyle, relationship, and home are unfit, and also consider all the laws broke (kidnapping, concealed him, etc) can they STILL make their decision based on the child’s desires??? She has influenced him, into believing that a life of law breaking, not having a job (all government assistance to get through life), abandoning family, lying, cheating, stealing, and doing it all for an abusive relationship is COOL somehow! There’s even a man, living in that house, whom has a protection from abuse order on the guy she moved in with! Come on! Is is even LEGAL to live with someone you’ve got an active PFA on!? We don’t have him back yet, so we haven’t been able to sort out his mental state. But I would hope, that a judge, wouldn’t hear the desires of a child, when their desires are unhealthy. He does love his mother. As do ALL children, no matter WHAT their parents do. But in this case, the mother doesn’t give him a stable, healthy life…. I don’t know… the system has really let us down here… we should have to fight so hard, to get what was ALREADY OURS BACK! So… your thoughts?
Dear Step Mother: We’re very sorry to hear about you, your husband and stepson’s circumstances. Since you have retained counsel to help with this matter, you need to continue to follow up with him/her as they should be able to answer your questions especially concerning the specific laws in your state and the typical court procedures for matters like this. As for the child’s best interests, he is too young for his wishes to be a factor in the judge’s decision. Although he may listen to him, the judge will not base his decision on what your stepson wants at this point. Finally, if you believe that your stepson is in danger in any way of abuse or neglect then Child Protective Services need to be contacted. Best of luck to you and your family.
(This is information only – not legal advice.)
My brother in laws soon to be ex-wife took 3 of his 5 children out of state while he was at work and hasn’t returned them or let him talk to them. What is his rights as a parent. It’s been 6 days since he talked to the kids.
Dear Uncle: The father needs to talk with a local lawyer about his parental rights regarding his children. Each state has laws and procedures about parents, custody and visitation. They vary from state to state. If he doesn’t have a lawyer, he can contact the state bar association and request a list of attorneys or go to the local family court and ask for names of lawyers in the area. Some of them may provide a free consultation for the first thirty minutes or so. He should ask about this when he calls. Good luck.
(This is information only – not legal advice).
If the father of my son is not on the birth certificate and no where else. And someday he just decides he wants to take my son without my permission. Can he do that? What can i do? Thank u
Dear Brenda: In most states fathers have parental rights even if they’re not on the birth certificate. But it is a state-by-state determination. They may have to prove paternity before taking custody of the child. We recommend you talk with a local family law attorney who would know what your rights are as the mother and what the father needs to do before he takes any action regarding the child.
AsktheJudge.info does not provide legal advice to teens or adults. We are an educational site for & about teenagers and the laws that apply to them.
(This is information only – not legal advice).
If a child’s father keeps the child 2 extra days during his visitation week due to the fact the mother knowingly informed the father that she will taking the child on vacation that will extend through the fathers next visitation weekend, is that considered kidnapping? The mother would be in violation if she did keep the child during the father’s visitation but the father just wants the days made up for and the mother doesn’t agree so plans on keeping the child 2 extra days and the mother is threatening to have him arrested for kidnapping if he does so. Can he be arrested for kidnapping? We are in the state of Illinois.
Dear Stephanie: AsktheJudge does not provide legal advice to teens or adults. We are an educational site for & about teenagers and the laws that affect them.
You need to Google “Illinois custodial interference” to see what constitutes kidnapping under these circumstances. Bringing in the police or going to court over something like this isn’t the best way to handle a minor lapse in visitation arrangements. Both parents should be flexible since both, at some time or other, will want some leeway in the set visitation schedule especially as the kids get older and become more active in their own lives. Running to the police or court to strictly enforce visitation will only result in animosity that works against the best interests of the children. Good luck.
(This is information only – not legal advice).
I have a very important question that I need help with and no one can help me. Can you PLEASE help me?
Brief? I am trying to find an attorney that can work with me and implement a mothers rights as well as a fathers. Can this firm do this? I have had joint shared parental responsibility of my children for the past 8 years. My ex husband having residential custody. He continually conceals the whereabouts of my children from me, and goes unpunished due to the fact he moves the children so many times that there is no “home state”. The original state was Florida, and he has moved them numerous times in and out of state and by the time I locate them it’s too late he has moved them again. I’m not an angry mother but a mother who is tired of begging and pleading for the father to uphold court order. They are now located in Bloomington for approximately 5 months where I found them in Bloomington North High School and Tri North Middle School. He is unaware that I have located them. I have spoke to my children on December 12, 2012 which was the first I had heard from them since March of 2012, when all communication was withheld from me. They have moved 8 times within three states in the past 3 years. I understand that they are getting ready to move again and my children are severely unhappy. The person that allowed them to call me which is his family has now been barred from seeing the children due to allowing it, and allowing my parents to see the children whom also are not allowed contact. I need help. I want him found in contempt and believe that due to the heinous nature of the contempt he would be ordered to pay all respective attorneys fees. I am doing this because my children have shown ALL signs of Parental Alienation Syndrome, and they notified me saying that they weren’t allowed to contact me and that the “girlfriend” removed my phone numbers and took away the computers so they could not do so. They have stated that they are afraid to speak up in front of the father due to him exploding. The girlfriend continuously forces them to call her mom, and states that if they continue to speak about me in their home, they will suffer the consequences. I have witnesses from his own family stating that they would be willing to “stick up for them in court”, and state the instability that these children have been through. I have spoken with several attorneys here in my state about adopting the jurisdiction here but they all state that I will have to go where they live. I am lost, and do not know what to do. I have promised the children I would do my best and although probably not my last attempt, I will do whatever it takes. This is as brief as I can make this. I don’t know how to make any of this shorter but have left out several significant factors to this case. I am hoping if you can’t help me then you can refer me to someone that can. I want to see my children. Their siblings want to see them. It isn’t only me this is hurting but the entire family and the girls mostly that he is doing this to. They need help badly at this point and have begged me to help them. They are afraid of the retaliation it will cause, so I don’t know exactly how to handle this case. My chief of Police here has stated that I should make a mandate report for emotional abuse, but I don’t think that is the way to go. I don’t believe that uprooting them from their current location to a strangers home is the best thing for them. Can I at this point get an emergency order for temporary custody until some court can resolve this? How do I help my girls?
Dear Barbara: AsktheJudge.info is not a law firm or legal advocacy group. We are an educational site for & about teenagers and the laws that affect them. We don’t provide legal advice to teens or adults.
Good luck in your search for an attorney. Many courts across the country have programs where lawyers offer pro bono advice to the public. You can receive a brief session at no fee or a nominal amount depending on your financial situation. Call your local court for information about this – sometimes referred to as a “Family Law Assistance Program.” -Judge Tom.
(This is information only – not legal advice).
Judge, i live in the state of florida. I currently have joint physical custody 50% with my ex.i exercise it for about 1 month last november and had to stop, due to her constant threats to call the cops, allegations of domestic violence against my kids, and calls to child service. All allegations were investigated by police and child services and dismissed. i decided to not pick up the kids anymore and let things cool down, she filed for child support which i knew is what she wanted and thats why she tried her best for me to not have the kids. She was awarded the same. i talked to my kids last april and she was fine, i tried not to put them through any more damage and stress, and waited till our october court date and figured she might be better now that time went by. told her i wanted to start exercising my parenting plan and she said no, you need supervised visits, your violent. I tried going to see my daughter at a soccer game and she started crying went she saw me. She tried getting an injuction against me and was denied, but now i am worry why my kids are reacting like that, i know she is been alienating them and i filed for contempt of court. Also she is done a lot of crazy stuff and i think she is damage my daughters to the point they refuse to come with me ( told the girls schoolshe had a restraining order against me, and a few other lies). i know i have rules and i am strict about their school and things but i always been a good father and last we had contacts they were just fine. At this point the mother alledges she cant make the girls come with me, they are 12 and 14, i know she is damaged them and also it helps that she lets them do what ever they want. i filed all motions with my judge and he said he would refer us to a gm cause its the holliday and we had the issue of contempt and a few other motions and i guess he didnt have time to hear it. in the mean time, i cant pick up my kids, she has no prove of anything, i have plenty of prove of her constant false allegations and custodial interference. I know she doesnt want to loose the child support, and she knows if i have the girls i wont have to give her money, and she also gets to hurt me by not letting me have my kids. My question is, if my daughters refuse to come, who can enforce that? also, i heard the interference with custody in the state of fl is a felony, i see that the courts are not doing anything to mothers, and they need to be stopped from hurting and damaging good fathers life, i dont want her in jail but i am out of options…. another question would i still have to pay her child support if the girls refuse to come with me?? i have a feeling if they tell her i dont have to pay child support cause the girls are refusing, that she will change her demeanor.. please help.
Dear Luis: Askthejudge.info is an educational site for & about teenagers and the laws that affect them. We don’t provide legal advice to adults or teens.
We suggest you speak with your lawyer about these issues. If you don’t have one, your local court may have a program where local lawyers donate time to the public. Call the court and ask about this Family Law Assistance Program. Good luck.
(This is information only – not legal advice).
Hi judge is it kidnapping if someone married into te family takes the child and you tell them you want your child and the stop contact n u have no idea were there liven atand serve you with papers
Dear Stormi: What you describe may constitute what’s called “custodial interference” which is illegal in most states. We suggest you speak with a lawyer who practices family law. He or she can advise you about this situation and what you can do. Good luck.
(This is information only – not legal advice).
My father-in-law is a retired NYC police officer with major drug/alcohol/rage problems who has put my son’s and wife’s lives in danger multiple times. After he almost tricked my wife into doing drugs with her, I told her he must go to rehab and succeed before he is ever to see my son again. Well, as many addicts do, he manipulated her into visiting against my better judgement. While around my son, my father-in-law put sick, twisted thoughts in my 4-year-old’s head. I must protect my son and fear that my wife may be tricked into bringing him to NYC where I believe my son’s life would be in danger. We currently live in South Carolina. What actions can I take and what rights do I have to prevent this and/or if it somehow happens? Please help! My wife is easily controlled by this madman and I fear that my son may be harmed. Thanks.
Dear Jon: We suggest you talk with a local lawyer about possible remedies to this situation. You might consider an order of protection or restraining order against your father-in-law. This could prevent contact between your son and his grandfather or provide for supervised visits. State laws on the subject come into play and would be considered by the court. Good luck.
(This is information only – not legal advice).
Ok huge question. I have 3 children . all girls. my oldest is visiting with her father and him ani have no problems. the father of the two youngest dissapeared and never was around to visit them. i was nice/stupid enough to not file abandonment papers. i live in adams county and dont drive in snow well. he signcalled me a couple months ago asking if he could have the kids for a while. i said ok. he let me talk to them abd call and such. he even came up north so i could spend time with them. i get a message on facebook fron a girl he knows saying that he signed custody over to a complete stranget who is harming them. what can i do????????? someone help me!!
Dear Jessica: If you believe your children are in danger or are being abused, report this to the appropriate authorities to investigate. Child Protective Services and/or the police should be contacted with this information. Simply calling 911 will start the process. Good luck.
(This is information only – not legal advice).
Hey, my parents are divorced, and I live with my mom. We where meant to go with our dad this Christmas, but the weather and distance (according to my mom, I have no idea) make the travel unsafe, though she is more than willing to the time be added on during the summer. My dad is saying she is kidnapping us. Should I be worried for my mom?
Dear Nate: There is such a thing as parental kidnapping when a parent fails to comply with the court’s orders concerning custody. However, there are also unforeseen events that sometimes make it necessary to not follow the custody orders. Try talking to your mom about this and express your concerns. Whether or not she could face consequences for keeping you this Christmas will depend on the specific facts and circumstances, the custody orders and the laws in your state. We wish you and your family a happy and safe holiday season.
(This is information only – not legal advice.)
I am wondering if my ex boyfriend did not return my daughter from a lunch visit. And says he isn’t bringing her back can he get kidnapping charges? He is not on her birth certificate because he thought if he signed it the government would own her he’s anti government. He never established paternity or have proof he’s her legal father. He wants to take her out of state with out permission for a few weeks and I said no so he stopped asking but had a visit today not court ordered. And hasn’t brought her back. We have no court order anything its all verbal.
Dear Lachae: Whether or not your boyfriend is legally considered your daughter’s father does not necessarily change the fact that taking your daughter without your permission is illegal depending on the laws in your state. You should consider calling the police to report the incident so that they can follow up and investigate. You could also call Child Protective Services. The national hotline number is 1-800-422-4453. Chances are that he’s facing legal consequences if he does not return your daughter, so maybe letting him know this will make him change his mind about taking care. Good luck to you and your daugher.
(This is information only – not legal advice.)
I need help. My father is supposed to get my younger siblings every other weekend. We live in Michigan. The judge already denied my mother’s request to move out of state with the children. However, one of my sister’s has not been visiting. I just found out my mother moved her to Illinios without my father’s consent or knowledge. What do we do? My father still pays child support on her, this is injustice.
Dear Ashley: First, you have to understand that child support is an entirely separate matter from custody and visitation. One doesn’t necessarily depend on the other. Your father needs to speak with a lawyer who practices family law. If your mother has violated a court order, there are consequences. Good luck.
(This is information only – not legal advice).
What if a couple is still married, the wife took the kids out of state and refuses the father to pick them up for some time with his children. She also blocks all phone calls and visual Skype contact. There is no court agreement or anything, just a filing for divorce. I just want to see my children. I’ve been deployed for 8 months and have not seen them. I am a great father…I caught the mother being unfaithful.
Dear Brian: This website is an educational resource for & about teenagers and the laws that affect them. We don’t provide legal advice to adults or teens.
We suggest you speak with your military counsel or private attorney about your rights. Since a petition for divorce has been filed, you may be able to obtain temporary orders regarding contact with your children, custody and visitation. Good luck.
(This is information only – not legal advice).
I have reported this to local law enforcement and child services the thing is it is a very small town so its all about who u know the SRS tells me he has to invite them into his home the police dept went to his house while his eclectic was off for 4months he went without electric and he had a 16 year old girlfriend living with him at the time I really feel that maybe the judge new him as well I have never been in trouble EVER I have always had a job plus I pay my child support does this kinda thing happen I have an attorney but I keep spending money my 15 year old we have together ran away from him one year ago she says her dad smoked pot with her and everything I still have her but only because he dropped the charges but now my son thinks he can do it iam not so sure he would except this one leaving him too he is on disability and he would lose my sons plus child support plz any info will help
Dear Renee: Since you have an attorney, you should request a brief meeting or phone appointment with him/her to get your main questions answered. If your son runs away and goes to your house, you could let the police know so that you are being proactive, but also let them know the conditions going on at his father’s house. Your son may need to speak up about what’s going on like the fact that he smokes pot in front of and with his kids. If there’s any way you could try sitting down and having a calm talk with your ex about perhaps letting your son live with you for a bit, then it shouldn’t be a problem. However, since there are custody orders in place, you would need to get them modified. But when both parties agree to the modification, it’s much more likely that the judge will sign off on it. We wish you all the best. Take care.
(This is information only – not legal advice.)
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I have a little different situation my ex husband has primary custody of two of my kids one of which wants to live with me he has told his dad but his dad punishes him when he tells him he is only 11 but he tells me he dosnt want to talk to a judge things are getting pretty bad at his dads they go without eating there is drug use in the house now my son wants to run away of course I tell him its not a good idea but what happens if he follows thru what would I do I couldn’t just leave him
Dear Renee: It’s possible that if your son runs away and stays with you, your husband could report it as some type of parental kidnapping. However, if your kids are going without food and there is drug use in the house, it should be reported. You could report it to Child Protective Services (1-800-422-4453), so they can conduct an investigation. If the kids need to be removed from the home, they would likely be placed with you since you are the mother and have some custody rights. Finally, please consider contacting a local family law attorney if you don’t already have one, so that you can get your case back in front of the judge to reconsider the custody orders based on the information you have provided here. The judge may want to hear from your son who can ask to speak privately with the judge and not in front of everyone in the courtroom. Good luck to you and your family.
(This is information only – not legal advice.)
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My exhusband ran off with my daughter 3yrs ago. Franklin, Indiana. He wrote the courts a letter stating he wasn’t putting off courts to harm anyone it was in Good faith.( he has put off court many times and as Had Contempts many times inferring in my parental rights basically parental alienation from my child. Well, He took that time December 15th 2010 to run off with my daughter. The courts will not do anything unless he is served. WHY? he did purdery lied, has kept me from talking to my daughter basically years. I have a backpack full of information going way back til 2007 on him not letting me see her. I have never been in trouble with the law never even had a seat belt ticket. He stole her during a visit before we were divorced and I tried fighting fighting in courts to get her back. But then Indiana has a law if a child is in a home 6 months that is now the child home. SO Then he put off court long enough to get his way. He took her out of school in indiana now has been gone with her over 3 yrs now. I have to find him the courts say. Why won’t they let me file emergency custody so that I can file criminal charges. He doesn’t plan to come back thats is the cold hard facts. He is not reachable I haven’t got to see my daughter or talk to her in years. She hs a sister and Brother that miss her much. I miss her too… The courts wouldn’t even hear her side even after she reported that he touched her privates. Please please Help Sincerly, Malissa
mae Hill
Dear Malissa: We’re very sorry to hear about your circumstances. Askthejudge.info is a teen law website providing information to teens about their rights and the laws that affect them. You could try to contact a local family law attorney for information and assistance. You could also contact your local court and/or law library and find out whether they offer a free legal assistance program as many courts do. You might be able to sit down with an attorney and receive free legal information for about half an hour or so. Good luck.
(This is information only – not legal advice.)
Hi. I have a 4 year old son that I haven’t seen in 5 months. I have valid visitation orders from court. Since my son mother blocked me from seeing my son, I have taken her to court twice. I filled out for contemp. Judge warned her about breaking visitation orders.. and about contempt. That she needed a lawyer to fix this and to bring an answer. She still blocked me. We went to court again..her lawyer asked for an extension. Again..judge and her lawyer warned her about breaking visitation orders..that she should follow them. Judge ordered mediation. After second court date, she still blocking visitation. She misses mediation, no show. I have court next week. I feel that she kidnapped our son from me without a reason..without permit..went against everything court ordered her. What can I do? I’m thinking about filling for kidnapping. She’s under contemp..for breaking court visitation orders.
Dear Jose: When you go to court next week, explain everything to the judge. If she fails to appear at the hearing, the judge may issue a warrant for her arrest. If you have a lawyer representing you, tell him or her what you’ve stated here so everyone is up to date with her disregard of the court’s visitation orders. In most states, custodial interference is a crime and can be prosecuted. Good luck.
(This is information only – not legal advice).
My father has custody of my daughter. Him and his wife have to live in the state of NY. His wife and him took it upon themselves to rent a home in NC against the courts ruling. My father kept an address with his mother NY. So my daughter technically had a NY address. The judge told them the child must LIVE in the state of NY.
So my father and his wife took it upon themselves to only bring my daughter up to the state of NY from NC when her family here has visitations. This was over the summer of 2012.
Now in September my daughter was enrolled in school in NY. The last court date my family and I had with them . My father and his wife decided to give custody to my mother who is the grandparent whom my daughter was visiting over the summer. She has had a court agreement to see my daughter (who is under the age of 12).
Now right after this happen my father and his wife took her out of the NY school. And is now keeping her NC with no intentions of bringing her back right now.
My daughter told me school is boring that is why she is not going. She said she will be back in NY in a couple of weeks she does not know when. And she has no home work from the school in NY.
We have a court date coming up to make sure things are settled… But this is just so wrong and my daughter is being more corrupted by the hour.
What may or may not happen? This must be considered kidnapping! Although all the i’s have not been dotted (meaning they still have not made the legal documents with their lawyer that everyone has to agree to and sign for custody.) this should be addressed.
Dear Nicole: AsktheJudge.info is an educational site for & about teenagers and the laws that affect them. We do not provide legal advice to adults or teens. And that’s what you need.
We suggest you speak with a juvenile or family law attorney, if you don’t already have one to discuss this situation. It gets complicated when more than one state is involved since each has its own laws regarding family issues. A lawyer familiar with these matters is needed to properly prepare for a court hearing. If you don’t have a lawyer, many courts offer free consultations for the public. Contact the court you’re in and ask about this. Good luck.
(This is information only – not legal advice)
What if there is not parenting plan? I’m female that married with domestic partnership. My name is on the birth certificate but I’m not the biological parent. My ex keeps her away from until the parent plan is in order. This make take several months to have this plan in order. If pick up my daughter from daycare would that be considered kidnapping, I would return her to her mother at the end of the day.?
Dear Williams: AsktheJudge.info is an educational site for and about teenagers and the laws that affect them. We suggest you contact a family law attorney in your area for further information and advice as your state laws will come into play as well as all of the specific facts and circumstances. Many attorneys offer a free initial consultation consisting of 30 minutes or so. Good luck.
(This is information only – not legal advice.)
What if the father has custody but lives in NC and the child lives with a relative in SC. Is it custodial interference or parental kidnapping if I go and pick her up. If so how much time am I looking at. Would it be cased based as she is not in his custody as he told the courts. The original hearing and order was for SC. He has moved and left the child behind in SC without my knowledge. He alone has custody. Thanks
Dear Angelus: AsktheJudge.info is an educational site for & about teenagers and the laws that affect them. We don’t provide legal advice to adults or teens.
We suggest you speak with a local lawyer who practices family law for advice. Good luck.
(This is information only – not legal advice).
My nephew was at his paternal grandparents house on the permission of the custodial father. The non custodial mother unlawfully entered the premises and took my nephew without informing either his grandparent or getting consent from the custodial parent. She is hiding the child and refusing to return him. Custody was taken from her because of abuse and neglect on her part and awarded to the father. However, the local city police refuse to enforce the custody rights of the custodial parent and help in locating the child. The mother took him and has not taken his medicine and it given him any medical treatment. My nephew is In remission from leukemia and needs medical attention. We have tried all the avenues we can and still get nowhere because they all say it is a civil or city matter and the city will kit do anything to help. We have an attorney who is fighting her best to bring my nephew home. Can u offer any suggestions as to where we might be able to get help? What happened is clearly parental abduction because the custody order has been in place over 5 years.
Dear Brandy: Your family has done the right thing by retaining the services of an attorney. Continue talking with her about the matter to find out what can be done and what court documents can be filed to bring this matter to the attention of the judge and your nephew home to his father. It sounds like the police have already been contacted in which case there should be a report based on the incident. If your family knows where the mother is, this needs to be communicated to the police and/or the state’s Child Protective Services, so that your nephew can be removed from the home according to the custody orders and if his medical condition is being neglected. We wish your family all the best.
(This is information only – not legal advice.)
I have joint custody with my ex and he had legal 60 summer visitation with them and now his lawyer says he does not have to bring them back. Couls i file kidnapping charges on him for not giving them back?
Dear Julie: You have to look to the court orders that exist regarding custody and visitation. What’s happened may not be “kidnapping” under your state criminal laws but it could be “custodial interference.” Speak with a family lawyer about this to obtain legal advice as to how to proceed. Good luck.
(This is information only – not legal advice).
The father is not taking care of the cats he has, this place has become unhealthy for our daughter and I to live in; he will not step up to the plate to do what needs to be done; we are fighting constantly over his pets. As I am a dual citizen, will it be OK for me to move her and I back to my country of birth without his permission as he will not consent to it even though it will be a healthier place for our child to be or do I need his consent so as to not have him file kidnapping/custodial interference charges?
Dear Sarah: AsktheJudge.info is an educational site for & about teenagers and the laws that affect them. We do not provide legal advice to teens or adults.
We suggest that you speak with an attorney about this and your rights regarding custody and child protection. Good luck.
(This is information only – not legal advice).
i live in oklahoma and my girlfriend took our 17 month old son back to oklahoma. and she’s doing drugs. what would happen if she was arrested. would i get him or would her parents?
sorry i live in louisiana. and she took him back to oklahoma. but i’ve been hearing that she’s doing drugs. she lives with her parents and i live with my parents. what would happen if she got arrested? would i get my son or would her parents?
Dear Brandon: You would have to look to the laws in both states to see who gets custody when one parent isn’t available. Discuss this with your parents – they may want to contact an attorney where you live to assess your parental rights to the child. Good luck.
(This is information only – not legal advice).
If both parents are under the age of 18 but they are both on the birth certificate, and the mother is moving, (not out of state, just relocating), but will not tell the father where she is moving to or let him see the child. What is in the fathers best interest?
Dear Shane: If the father wants to be involved in his child’s life, then he may need to hire an attorney and take custody issue to court so a judge can decide what is in the child’s best interests. It’s always best if the matter can be settled outside of court though. If the father and mother can reach an agreement on custody, then it’s a simple process to file the agreement with the court and have a judge sign off. If there is no money or finances are limited for attorney’s fees, the person could check with the court to find out whether a free legal assistance program is offered. Many courts offer these programs on a weekly or monthly basis allowing the public to meet briefly (half hour) with a local attorney and receive free help and legal information. Thanks for asking.
(This is information only – not legal advice.)
Is it considered kidnapping if my ex wife will not allow me visitation right and not allowing me to even talk to my children?? And let my daughter out of state without my permission??
Dear Nathan: AsktheJudge.info is an educational site for and about teens and the law. Depending on the laws in your state as well as the specific facts and circumstances concerning custody, there could be an issue of custodial interference or “parental kidnapping”. You need to consult with a local family law attorney in your area. Many attorneys offer a free initial consultation. You also could find out if your local court offers a free legal assistance program at which time you may be able to meet briefly with an attorney for free legal information. Good luck.
(This is information only – not legal advice.)
Is it kidnapping if we have custody of the kids and thir mother gets them on the weekends but she is suppose to return them on Sunday at 6 and she didn’t return them she keeps saying they are on their way and they never show up and she starts avoiding our calls and text.
Dear Krysta: You have to look to your state laws regarding custody of children. Keeping a child in violation of a court order is referred to as “custodial interference.” It may be contempt of court and is punishable under the law. It’s best to speak with a family lawyer about this in order to prevent it from happening on a regular basis. Good luck.
(This is information only – not legal advice).
if my husband is abusive and we have verbally agreed to move to florida from another state, and he changes his mind and takes all the money can i still take my child to another state as we planned and file for divorce in florida?
Dear a: AsktheJudge.info is an educational site for and about teens and the law. We suggest you contact a family law attorney in your area for help and answers to your questions. Many attorneys offer a free initial consultation. Good luck.
(This is information only – not legal advice.)
my ex got kids 20 years ago and I haad visting rights but then he and new wife I couldn’t find them to have visting rights for 20 years, isn’t that bad
Dear Jaye: Yes, that’s very unfortunate. Hopefully, going forward, you can establish a relationship with your now-adult children and leave the past behind you. All the best.
(This is information – not legal advice).
My ex boyfriend does not want to give my baby back, I let her spend the night for a birthday party and I went to pick her up sunday and he did not want to give her back, I called the police and he started claiming to be her father, which I am sure he is not, no one has signed the birth certificate except me, and the police are saying because he is claiming that he is the father he does not have to give her back, and this has to go through court, what can I do to get her back?
Dear Sabrina: We suggest you speak with a lawyer in your area. A lawyer familiar with family law can advise you regarding your rights to your baby. Emergency or temporary orders can be issued by a judge and that may be what you need to regain custody. Some courts offer free legal advice in family law cases. Volunteer lawyers provide thirty minutes or so and that may be all you need. Call your court and ask about a Family Law Assistance Program. Good luck.
(This is information only – not legal advice).
ok….so here is a question. what is the difference between parental kidnapping and custodial interferance… me and my ex have joint custody with sole physical and joint legal… now he took the kids out of state 2 years ago i have not seen them since…right now i am going through the p.d for custodial interferance but from what i have read it might be more i am also in the process of serving him a order to show cause for the court order and visitation. he relocated to puerto rico i live in utah how can i get these kids back? puerto rico is apart of the united states via territory… so parental kidnapping or custodial interferance? obviously he has disreguarded the court order and has fled without my knowlege 2 years ago i filed a report then. is this enough for a emergency custody order..please i am running out of time.
p.s home state is utah.. utah is the state that has juristican. kids where born and raised here they lived here till he fled 2 years ago.
AsktheJudge.info is an educational site for & about teenagers and the laws that affect them. You are asking for legal advice and interpretation of Utah laws. We don’t provide legal advice to teens or adults.
Since the public defender represents you in this matter, we suggest you speak with your lawyer about this. Good luck.
(This is information only – not legal advice).
My sister removed her 2 kids from school in missouri where she lived with her husband and his 6 family members and left him that day and came to texas to my house. She was arrested 36 hrs later and has been in jail for 44 days now on parental kidnap. the boy doesnt belong to him but the girl does. the father came to texas 2 days afetr arrest to get the daughter, but left and went back to missouri without her. She is 7 yrs old. I have had her for 6 weeks and have her in school. I have offered time and time again to pay his way here to see her and he refuses. He wants the boy which dont belong to him and i have him on tape saying if she will come home with the 2 kids this will all go away or give him the boy. also his family is all law enforcement there in mo. how can she still be in jail if he left the girl in texas and went back to missouri.
Dear Anna: AsktheJudge.info is an educational site for and about teenagers and the laws that affect them. We don’t provide legal advice to adults or teens.
We suggest you speak with a lawyer who practices family law about this. Good luck.
(This is information only – not legal advice).
I live in PA and I have court order giving Primary Physical Custody of my 4 year old daughter, And her mother is now try to keep her from me I feel it’s Parental Kidnapping and the local police won’t do nothing. But when I tried it they tried to throw me in jail ???? I don’t understand if they can legal do that to me and not her, And if they can file chargers against the mother for kidnapping ??? Please I have tried to look it up online and can’t geta straight answer !!! Please and info will help Thank you
Dear Michael: AsktheJudge.info is an educational site for & about teenagers and the laws that affect them. We don’t provide legal advice to adults or teens.
We suggest you speak with a family lawyer about this for advice. Many courts across the country offer the public free legal advice from local lawyers hoping to get your business. They usually will meet with you for up to thirty minutes with no obligation on your part. Call your local court and ask if they offer this program, sometimes called Family Legal Assistance Program. Good luck.
(This is information only – not legal advice).
is it parental kidnapping if my ex and i have joint legal, joint physical and split parenting time and due to an income tax dispute my ex took her week parenting time and to seek revenge has not returned our daughter to me. I have at this time filed 27 violations against her yet im waiting for the court date which is still a month away meaning 2 months of me not seeing my daughter. my ex has has ignored all communication with me, she wont answer her phone or return calls and text messages
Dear Steve: AsktheJudge.info is an educational site for & about teenagers and the laws that affect them. We don’t provide legal advice to adults or teens.
We suggest you keep complete documentation of all communications and violations of existing court orders. Your attorney will need this when you’re in court next month. Good luck.
(This is information only – not legal advice).
Judge,
I have a sister in law in arizona who has been trying to serve her husband with divorce papers (over 6 mo), now filing notice in local paper. Domestic abuse has been happing for years, she finally had enough after he shoot a gun in their home blowing out the TV, with one child in the room and a baby in a bedroom. He has been staying with his mom, but they have yet to catch up with him to be served. She has protection order for herself, but didnt want to inflame his family that also lives near by filing for protection for the kids, also thinking that his family would watch out for them. She and the kids finally had to leave the house, and she moved within the same school dist, but didnt tell her husband, for fear of her safety. He recently drill the 6 year old to find out if mommy was keeping her car in the garage, the 6 yr old said they didnt have a garage, her husband drove around town until her found the house, the next day the windows where shot out of the unit upstairs from where she is staying with her children. I have made my concerns to the family that I fear for her safety. I truely believe if he gets the chance he will kill her. She has no money, probably about to be kicked out of the place she is staying, they know of her sistuation with her husband. She has a lawyer who wont return her calls and my sister in law has given her most of the forms the lawyer has filed, that were found online. My main question is can she leave the state for her safety? Her husband and the family is demanding she lives in Arizona until her death. My sister in law has a job opportunity in another state and will continue to try and serve her husband, Please gives us some options for her safety and the safety of the kids.
Dear Colleen: AsktheJudge.info is a site for & about teenagers and the laws that affect them. We don’t provide legal advice to teens or adults.
We suggest she continue to call her lawyer or the police to report any danger she and the kids may be in. If her husband is violating the restraining order, that is a crime that’s punishable by jail. Good luck.
(This is information only – not legal advice).
I’m not married,but me and my child’s dad sometimes do not get along. He wants our daughter when he is mad with me. I have primary custody. If he does not give my daughter back could i file for parental kidnapping??
Dear Erika: It could be considered parental kidnapping depending on the specific custody orders and the laws of your state. You could contact a local family attorney who would be able to provide further information based on the laws in your state. Many attorneys offer a free initial consultation. You also could contact the Legal Aid office in your city/town. Good luck.
(This is information only – not legal advice.)
I have primary physical custody, but for a few months 2 months let my ex husband have my son live with him and enrolled him in school, but now my son is saying he wants to live with me again, and I found out his enviorment is not stable as my ex assured me. we never changed the custody agreement, but i did provide my sons birth certificate and social security card. Does my ex have a case of kidnapping against me? if i’m still the primary custodial parent on the court documents?
Dear Tricia: AsktheJudge.info is an educational site for and about teenagers and the law. We suggest you contact a local family law attorney for information and assistance. Many attorneys offer a free initial consultation. If the custody orders have not been modified by the court, then the original orders are most likely still in effect giving you primary physical custody, but may depend on the specific laws in your state as well as the facts and circumstances. Good luck.
(This is information only – not legal advice.)
i am 13 and live with my mother in ohio. my father lives in michigan. they were never married and there is no court order for any visitation or custody. my father wants to see me and my mom agreed to drop me off there with a certain time to pick me up. with no court order does he have to give me back?
Dear Alex: If a court has never been involved with your parents regarding your custody and visitation, it’s up to them to decide these issues. If they can’t agree or don’t follow through with informal arrangements between them, either your Mom or Dad can go to court and ask for specific orders. We can’t tell you that your Dad has to return you or not since we don’t provide legal advice and the answer would be based on the laws of Michigan and Ohio. Good luck.
(This is information only – not legal advice).
Divorce papers were signed in Florida, I now live in tenessee. I get my son over the christmas holiday every other year. This year his mother said i can keep him an extra week. Now she has changed her mind. She demands I bring him back on time. I have already budgeted my finances to bring him back late. If I can’t afford to bring him back on time does this constitute kidnapping. Also the parenting plan signed by the judge dictates I pay for all travel expenses.
Dear JP: AsktheJudge is an educational site for & about teenagers and the laws that affect them. We don’t provide legal advice to adults or teens. Speak with a family lawyer about these issues – perhaps the lawyer you had at the time of the divorce. Good luck.
(This is information only – not legal advice).
what is the best thing to do the mom of my son doesn’t want to be together and she wants to movie from az back up to wa but i dont want to movie or loss my son what can i do
Dear Norman: We recommend you speak with a lawyer who practices family law. Some of the courts in Arizona have a program where lawyers provide the public advice at no cost. Call your local superior court for information on this. In Maricopa County, for example, the program is once a week, on a first come, first served basis at the courthouse. You usually get 30 minutes or so with the lawyer. It’s called the Free Legal Assistance Program (FLAP). Good luck.
(This is information only – not legal advice).
The mother of my step son is refusing to allow my husband to see their child on his ordered visitation nights. It is his weekend with the child and we found out from her friend that she is planning on leaving the state with the child so that he cannot see him. We have filed police reports for the past week on each night that the visitations were suppose to take place. If she leaves the state of kansas with the child on his designated weekend without his knowledge is that considered parental kidnapping? And what should we do if she does leave the state with the child?
Dear Melissa: Under Kansas law, violating a court order regarding custody and visitation may constitute parental kidnapping or what is called custodial interference. Since you have already reported this to the police, it may be time to speak witrh a lawyer. If your husband had a lawyer during the divorce, contact him or her for advice regarding this situation. Good luck.
(This is information only – not legal advice).
My former boyfriend and I decided we wanted to make a life together. I have 2 children. My mother convinced me to leave them with her till we spent some time together and then at Christmas she would fly them out to me. The kids decided they did not want to go and suddenly two days before court I was set up and received a meth charge. I have never had a drug charge before. She was given custody.
would it be kidnapping if i WERE TO GO AND TAKE THEM WITH ME TO New York.
could I be arrested?
Dear Kimberly: If your mother was granted custody by the court, then yes you could be arrested for parental kidnapping, custodial interference or another similar law in your state if you take your children to New York. If you want to challenge the custody orders, we suggest you contact a family law attorney in your area for information and advice. Many attorneys offer a free initial consultation. Good luck.
(This is information only – not legal advice.)
Hi , I can’t take it anymore , my husband so bossy and want me to do what ever he want even if I don’t want , he always say either we devorce or I have to listen to him , I want to take my 3 year old son move live with my relative which is 1 hour away , is that call kidnapping ? Or what I have to do for it legally to move out ? Because I scare to live in the same house when our situation bad , he choking me few time when he got mad ! Please help me , give me advise!!
Dear Demi: AsktheJudge.info is an educational website for teenagers about the laws that affect them. We don’t provide legal advice to teens or adults. We suggest you speak with a family lawyer in your area regarding your rights and how to protect yourself and the child. You may need to get a protective order from a court if the physical abuse continues. Many lawyers offer a free consultation for the first 30 minutes or so. This may be all the time you need to help you decide how to proceed. Ask about this when you call the lawyer. If you or your child are in any danger, notify the police. Good luck.
(This is information only – not legal advice).
i just dnt knoe what to do my ex had me arresit an kidnapped my son i spent 2 days in jail it had nothing to do with my son,when i got out my child father would not let my son return to my home with his brother, my ex is married an has not been ligatmated of sign a birth certifice it been two weeks now im miss my son an now his father has a order of patection agaist me so i cant just go an pick him up what do i do
i have court for interfance of custdy on the 27 against the father have i done the right ting or will i lose my son
Dear Gilda: AsktheJudge.info is a teen law site answering teens’ questions about their rights and the laws that affect them. We suggest you contact a local family law attorney for information and advice. Many attorneys offer a free initial consultation. Good luck.
(This is information only – not legal advice.)
I have a friend who is having problems getting her son returned to her. Her ex-husband is not the child’s father has no legal rights where the child is concerned. She has full custody of the child since the child’s biological father gave up his parental rights when the child was born. She allowed her son to visit with her ex-husband after their divorce. Now he is refusing to allow her to have him back and refuses to allow her to have any contact with her son. Is this kidnapping? Could she get law enforcement to file charges and return her child to her?
Dear Barbara: Under the laws of the state where this has happened, it may come under “custodial interference” or kidnapping. Google the name of the state and “custodial interference” for information. Reporting this to the police may result in an investigation and charges against the ex-husband. She should speak with a lawyer about this for advice regarding her options to get her son back. Good luck.
(This is information only – not legal advice).
My 15-year old step son came for a sunner visit (7 weeks) and in that course of time, he decided he wanted to stay with us. His bio mother has gome back and forth on letting him stay and for now haw agreed. He is set to start school on 8.22.11 locally. THe attorney’s told us to not worry about it as she has stated he can stay and she even went as far as putting him back on a plane to return here. Now, however, she is threatening to get the FBI involved for kidnapping. We do hae text messages from her stating he can stay and she did put him on a plane back. We are actively in the proces of a change in custody. Do we need to be concerned about the FBI and kidnapping?
Thanks
Dear Tracee: Anytime someone threatens to involve the FBI or any other law enforcement agency is cause for concern. But since you have a lawyer, follow his or her advice. Review with the attorney the custody and visitation orders from your husband’s divorce. Obviously, this is why you’re back before the court for a change of custody. Good luck.
(This is information only – not legal advice).
Marriage,divorce decree and jurisdiction remain in Michigan where I have been a resident all my life. X-wife and 17 year old son has lived in Indiana for 16 years. My son wants to live with me and refuses to go back to mother after visitation. What are the consequences of this?
Dear Art: It depends on the exact language in the divorce decree issued by the court. You may have to return to court to modify the custody order placing such with you. Depending on your state laws, it may be best to wait until your son turns 18 when he can decide for himself where he wants to live. Again, one would have to consider the facts of your case along with the applicable laws of both states. We recommend you contact a local family lawyer to discuss your options. Good luck.
(This is information only – not legal advice).
I have 2 children in common with an ex-boyfriend and we have joint physical and legal custody. We both live in the same state of utah and in the same town. Our older child since november 2009 has refused to come back home with the enticement of his father. This child has since become ungovernable as it started shortly before he refused to return. I have a permanant protective order against the father 2 years after the joint custody came into play. He is very manipuative with the children. He has had my younger son who is 12 take his urine tests and tells him that it is for the doctor. He has been charged already with custodial interference in 2009. It is my belief because of his behavior that he has enticed my now 15 year old to not return home. We are currently involved in court to modify the present custody order but I want to know if he can now be charged with custodial interference. Utah has changed the custodial interference law to children under the age of 18 instead of 16 but but does not clarify the question what if the child refuses to come home?
Dear Shauna: AsktheJudge.info is an educational website for & about teenagers and the laws that affect them. We do not provide legal advice to adults or teens. We suggest you speak with a local family lawyer who is familiar with Utah law and can answer your questions and/or advise you. Good luck.
(This is information only – not legal advice).
My ex lives in New Jersey and I live in Michigan. We have a mediation court order in New Jersey that my ex have residental custody and I have holidays, summers and school breaks. In the order it says either we go 50/50 to fly them to michigan and back or if I drive and pick them up in New Jersey he must come pick them up in Michigan. If I go pick them up from New Jersey and he can’t or will not pick them up from michigan can I get in any truble because he has the residental custody in new jersey. I want to get them but there is no way I can also bring them back and he will make some excuse not to pick them up. Please let me know someone asap I want to go get them now.
Dear Nicole: AsktheJudge.info is a teen law website answering teens’ questions about their rights and the laws that affect them. Therefore, we’re unable to assist you with your question. However, you could try contacting a local family law attorney for a free consultation and to answer your question or contact your local court and find out whether they offer a free legal assistance program where you could meet briefly with an attorney. Good luck.
(This is information only – not legal advice.)
I moved out of state in August. My orders state that I can have my son any weekend of my choosing. On January 25th, I informed her of my weekend, Feb 18-21. On the Feb 9th I bought the ticket. When I called to inform her about the times, she told me he wasn’t going. For the next week and a half, she told me that she wanted me to pay her $50 to take him. I pay for the ticket, which is usually around $400, and I send her $50 for the unaccompanied minor charge that has to be paid at the airport so she wouldn’t have to pay it. On the 18th, she still refused to put him on the plane. I didn’t get my visitation for Feburary.She has blocked my phone number. What can i do?
Dear Alan: We’re sorry to hear about your situation. AsktheJudge is a teen law site answering questions about teens’ rights and the laws that affect them. Therefore, we’re unable to assist you with your question, but we suggest contacting a family law attorney in the state where you received your orders. Many attorneys offer a free initial consultation, which may be telephonic. Best of luck.
[This is information only – not legal advice.]
I have a question. My boyfriend and his ex seperated 14mths ago. Divorce papers were filled but never signed by a judge. We live in TN where the papers were filled and where they lived. She had the children with her. She told him she was going to her families house in Mississippi for a few weeks. She then told him after being there for 3 weeks that she isn’t coming back.We have since found out that the boys are being abused.We called cps of Mississippi. They had the case open for months then closed it. She keeps showing the divorce papers that haven’t been singed or seen by a judge and uses them to say she has custody. It also states in them that he gets them 6 mths out of the yr. He hasn’t been alone with them in over a yr. When he sees them she makes him go to her families house here in Tn.He is not aloud to take them anywhere nor is he aloud to bring them to our house for any visits. What can we do? We have called legal aid in Tn but they say they can’t get involved. We don’t have the money for a lawyer. Please what can we do? WE NEED HELP!
Dear Rebecca: We’re sorry to hear about you and your boyfriend’s situation. He needs to speak with a family law attorney to get some answers. You can try calling your local court and ask if it provides a free legal assistance program where you can meet with a free volunteer attorney to get some free legal help and information. Many courts offer this type of program. You can also contact a local family attorney for a consultation. Many attorneys provide a free initial consultation. If you believe your boyfriend’s sons are still being abused, you can call the National Child Abuse Hotline at 1-800-252-2873. Good luck.
[This is information only – not legal advice.]
i would like to know if it is considered kidnapping if when parents separate, the one with the child wont allow the other parent any access to the child, either through a visit or even a phone call…in this circumstance there is no divorce…i m in Michigan by the way…
Dear Matt: What you’re referring to may be considered parental kidnapping or “custodial interference” depending on the laws in your state. However, laws concerning custodial interference may apply when there has been a divorce and custody orders by the court are in place. Again, this depends on the laws in your state. Try Googling your state’s name and “custodial interference” for the specific laws in your state. You also could try contacting a local family law attorney who would be able to provide more information. Good luck.
[This is information only – not legal advice.]
if a person is charged with kidnapping a child and the legal parent(s) decide not to press charges will the defendant still be charged or sentenced? (This situation happens in the movie Big Daddy)I know this is a fictional movie but I am writing a paper for school based on fiction versus reality.
Dear Maralyn: Yes, the person can still be charged regardless of whether the parents and/or victim don’t want to press charges. Ultimately, it’s up to the prosecutor’s office to review the case and file the charges they believe are most appropriate. The same is true is domestic violence cases where the victim often states that he/she doesn’t want to press charges, but once the police find out about an incident and are involved, a police report is usually written and reviewed by the prosecutor’s office. Good luck with your paper.
[This is information only – not legal advice.]
My 9 year old son has always been in my care. About once or twice a year I hear from his father and his family wanting to see him. I usally dont allow him to go but now my son is older and he says he wants to see them too.I let him go and now they wont bring him back. I went to his house and they aren’t there. My son’s father wont tell me where they are. I have a dv acs case but Im no longer with the batterer and are taking all steps to close out the case. Will he get custody because of my acs case? Who will the child stay with until a decision is made?
Dear Frantic: Askthejudge.info is an educational website for teenagers about the law. We can tell you that you should speak with a family law attorney in your area. Your local court may have a program where you can receive free legal advice. Check with them – otherwise you may be able to obtain legal services on a sliding scale if your financial circumstances justify such. Good luck.
[This is information only – not legal advice].
I HAVE SOMEONE IN MY FAMILY,WHO HAS A 4-YR-OLD GRANDSON,WHICH THEY HAVE BEEN CARING FOR OFF AND ON FOR SOME TIME.THEY PLAN ON LEAVING THE STATE SOON AND TAKING THE 4-YR OLD WITH THEM. I DONT THINK THEIR 19 YR OLD DAUGHTER KNOWS ABOUT IT,WITHOUT NO GUARDIAN PAPERS,WOULD THIS BE CONSIDERED AS KIDNAPPING.THANK YOU FOR RESPONSE, JUDI SIMMONS
Dear Judi: There is a difference between kidnapping and custodial interference. If there is a valid court order placing the child in the custody of one person and someone else takes custody or extends a visit beyond what the court has authorized, it may constitute custodial interference. You have to look to the laws of your state for the exact definitions of these terms. Kidnapping is defined in the criminal laws of your state. You could Google both terms along with your state’s name for more details about each. Good luck.
[This is information only – not legal advice].
me and my ex husband had joint custody he picked them up for a vistit and vanished now 10 year latter my kids have been taken by colorardo family sevices. and they tell me even tho i have custody from ill that colorado doesnt have to give them to me they want me to have icpc done first can i just go there with my order from ill and get my kids
Dear Misty: You need to talk with a lawyer in your area about your options. Since the children are in the custody of CPS in Colorado, you may not be able to simply go there and pick the kids up. There may be Colorado court orders in place. The ICPC [Interstate Compact on the Placement of Children] is the legal process for moving children from state to state when a state agency, such as CPS or the court, is involved. Good luck.
[This is information only – not legal advice].
To make a complicated matter as brief as possible, my grandchildren’s father is not in the picture as he is a convicted child molester and not to be near children, including his own. My daughter is on drugs, has a new boyfriend almost monthly, and is now in jail for B&E. We have called CPS to rescue the children, although the new boyfriend of the month was apparently given verbal permission in front of the police by her (while being arrested) to keep the children. The living conditions are equitable to the bombed and poor in Bosnia, yet CPS will not remove the children as they are deemed to be in a “safe place.” Is it considered “Kidnapping” to remove my grandchildren from this stranger who no one seems to know, though it is not her wish for us to do so?
Dear Grandma C: This website is an educational resource for teenagers about the law. We do not provide legal advice to anyone, adult or teen. We suggest you speak with either a criminal defense attorney in your state or a lawyer who specializes in family law. There is a difference between custodial interference and criminal kidnapping. Good luck.
[This is information only -not legal advice].
what if there isnt any custody filed but both parents are on the birth certificate and then when the mom gets mad and cut all ties? is this still kidnapping?
Dear Heart: You’ll have to look o the definition of kidnapping in your state. Each state has its own laws. Google the name of your state and “kidnapping law” for the definition. What has happened may also fall under custodial interference where there are consequences for the offender. Good luck.
[This is information only – not legal advice].
My X has moved and I have no contact info and have not seen my son since.
I have a court order as shared custody and tried to file contempt but without a address I cannot serve her papers and the hearing was continued till a later date.
I have tried all avenues but cannot find her.
Would this be considered kidnapping?
Dear Chad: Sorry to hear about this situation. Your state may have a law regarding “custodial interference” which may fit what you have described. It is a crime in some states. Talk with a family lawyer or contact your local family court to see what is the best way for you to proceed. You might also report this to the police if she is in violation of any court orders. Good luck.
[This is information only – not legal advice].
we’re in ct. my husband kept us in a hotel for over a year, after an eviction, racked up a hotel bill and kept it under my name. he didn’t pay and i was arrested for it, since he kept my name on the hotel’s registration. the hotel only dealt with him and never even approached me about the bill, and therefore had no idea, it was kept under my name. he left the state and left me and my kids without any support, to have a permanent home. we’ve been struggling with the help of my mother and still forced to live in a motel. he now claims that i kidnapped the kids although the kids go to same schools. i’m only trying to keep their lives as much normal as possible. can he claim kidnapping? he fled the state after my arrest. he knows where the kids are, and i’m only concerned enough not to let him know which motel we are staying. i’ve asked him to meet us in a specific place, but he wants to know which hotel. when he left the state, i was staying with a friend for 2 weeks and he didn’t give any support, then was forced to go to different hotels. i have asked for him to provide us with home and money but he has refused to.
Dear Marjolisa: Askthejudge.info is an educational web site for teenagers about the law. We don’t provide legal advice to anyone – adult or teen. Consequently, we are unable to assist you with your situation. We suggest you contact a local lawyer. Your area may have a Free Legal Assistance Program [FLAP] where you can sit down with a lawyer for a limited time [usually 30-60 minutes] and obtain advice. Check with your local courthouse or law library to see if this exists where you live. Good luck.
[This is information only – not legal advice].
me and my ex are still legally married due to the fact i have not had the money to file for divorce and he just doesnt care even tho we have been seperated for 3 years and our 2 sons have lived with me. the first of the year i asked if he could help with them for awhile due to my financial situation and now does not want to give them back or let me talk to them. can i just go get them from him or will i be charged with kidnapping since i live in texas and he lives in new mexico?
Dear Lisa: Askthejudge.info is an educational website for teenagers. Consequently, we are unable to assist you. In addition, we don’t provide legal advice to anyone, teen or adult. You need to speak with a lawyer who practices family law. Maybe your area has FLAP [free legal assistance program] where you meet with a lawyer for 30 minutes or so at no cost to you. Check with your local court about this. Good luck.
[This is information only – not legal advice].
Would a non working parent be able to get custody even if they are not working? And what are the rights of the grandparents would they be able to get custody?
Dear Ms. Harris: Generally, custody is based on what is in the child’s best interests. Financial security is only one factor in the court’s determination of placement. In most states, grandparents have statutory rights to visitation with grandchildren under specified circumstances. Custody is another matter that is decided on the facts of the case and what is best for the child. Parents’ rights, however, come first before a grandparent may assert a claim for custody. Check your state’s laws or Google “grandparent rights” and your state name. Good luck.
[This is information only – not legal advice].
If a mother has an open ACS case and she is in a program for having drugs in her system when she gave birth not to mention the child had drugs in her system at the time of birth. Can the mother just leave New York? And if the father does not consent to the children being taking out of the state is this considered kidnapping?
Dear Ms. Harris: If she is a ward of the state she cannot just leave the court’s jurisdiction without the approval of the judge. There may be travel restrictions imposed by the court as part of the dependency case. Depending on the laws in your state, taking the children across state boundaries may be considered custodial interference and be punishable as a crime. She should talk with a lawyer familiar with family court matters and learn about the consequences of any action she might take before she acts. Good luck.
[This is information only – not legal advice].
What if the parent who has legal custody moves out of the state, and refuses to allow the other parent to speak to the child, or hae any interaction with the child? Furthermore, what if that parent refuses to give the other parent contact information? Would this be considered kidnapping?
What should the non-custodial parent do to force the custodial parent to put her in touch with the child?
DEar April: What you have described is a form of kidnapping called “custodial interference” in some states. You have to look to the laws of the state where the court orders exist. The parent whose court-ordered visitation rights are being violated should contact his or her lawyer so that the matter can be brought back before the judge. There are penalties for violating court orders. Good luck.
[This is information only – not legal advice].
in november of ’09 i left nevada and moved to arizona with my one year old son and two year old daughter. my husband, who is still living in nevada, is now threatening to file charges for kidnapping against me, having me arrested, or at least ordered to move back into the state of nevada. what can he really do and how long does it take for this kind of court order to go through?
Dear Ms. Wonderer: Askthejudge.info is an informational web site for teenagers about the law. We don’t provide legal advice to anyone, adult or teen. Consequently, we are unable to respond to your question. We suggest you consult a lawyer in your area familiar with family and criminal law. All the best. -ATJ/
[This is information only – not legal advice].
i have a question i have 2 young boys and there dad has taken them both and wont give them back butt we are not maried and he is not on one of there birth cirtificet what can i do to get my kids back
Dear Walker: We are an educational web site about law and teenagers. Your question is beyond the scope of ATJ plus we don’t provide legal advice to adults or teens. Contact a family law attorney in your area – you might be able to get a brief consultation for a nominal fee or even free. Good luck.
I live in Pennsylvania and have a question concerning parental kidnapping. What if there are threats of divorce but as of late no papers have been filed and one parent has the children but won’t let the other parent not only see them but refuses to tell that parent where the children are staying?
Judge Tom’s response:
Every state has laws regarding parents’ rights and custodial interference. You need to check with a local attorney or family court to see the laws that apply to you. The court may have a free legal assistance program to at least get you started and/or provide advice. Good luck.
I am suppose to have physical custody of my son. He went to another state to be with his father due to a court order on visitation. We both agreed to let him stay with his father til after the holidays due to money issues on both ends as far as getting him back. Now the holidays are over and I have made arangemnets with my job to go and get him myself and the father is telling me I can’t have him back. I can’t get any legal advice from my state because the court papers were filed in the state he is in now.. I have called everyone about this in my state (Nevada) and his state (New York) Noone will gove me answers!!! Can I go there with my court order and just take him and not have to worry about being arrested. He is in violation not me!!!!
Judge Tom’s response:
Dear Jody: First, I think you would “worry” if you were arrested, not to mention the additional expense to you and loss of time with your son. You might consider calling community legal services in New York for assistance, or before you make the trip, contact the local police in the city where your son is and ask how they handle these situations. They may refer you to a local attorney or legal assistance program. Make sure the father hasn’t obtained a modified custody order without you knowing about it, in which case the police will follow the most recent court order. If you go to New York, take copies of all of your custody documents [divorce/separation order, custody/visitation orders]. Once there, check to see if the local court has free legal assistance for the public. It may be available once a week, usually on a first-come, first-served basis and free in many jurisdictions. All the best.
what if the child wants to live with one parent, but the other parent won’t let the child leave?
Judge Tom’s response:
A lot depends on the age of the child. Generally if under 12 or 13, the issue of residence should be worked out between the parents. If a neutral person [counselor] is needed, find a good one that you both trust and will listen to. If a teenager, it’s important for the three of you to reach an agreement. Most communities have counselors and mediators to help resolve these issues. Going to court to settle the issue should be your last resort, and may leave emotional scars on all of you. Lawyers and courts are there if you need them, but if you can reach an agreement without court intervention and delay, all the better for your son or daughter. The bottom line in any custody/visitation case is what’s best for he child. Good luck, and stay calm.