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Does a custodial mother that has joint custody have the right to take her daughter out of state on vacation....Are there legal ramifications.... My ex is threatening kidnapping charges?
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∙ 12y ago
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Is it custody kidnapping if parent refuses to return child or let other parent come for child?
If the non-custodial parent refuses to return the child it may be considered kidnapping. The custodial parent should call the police and have a certified copy of the custody order for the officer to review.If the non-custodial parent refuses to return the child it may be considered kidnapping. The custodial parent should call the police and have a certified copy of the custody order for the officer to review.If the non-custodial parent refuses to return the child it may be considered kidnapping. The custodial parent should call the police and have a certified copy of the custody order for the officer to review.If the non-custodial parent refuses to return the child it may be considered kidnapping. The custodial parent should call the police and have a certified copy of the custody order for the officer to review.
In Michigan can the noncustodial parent take the children out of state on vacation without the custodial parent's permission?
No, a non custodial parent can not take a child out of state without the custodial parents permission. The non custodial parent could be charged with kidnapping if charges are brought against them.
Can you issue a warrant for parental kiddnapping?
Yes. This is called custodial interference, and has the same impact as kidnapping, but with mitigating factors.
Custodial interference punishment?
Custodial interference is a very punishable offense and the sentence for the charge varies from state to state. In most states it is punishable by jail time and in some cases it is considered to be kidnapping.
Can a father get child support when he does not have custody and not returning his child after visitation?
No. Only the custodial parent get child support and not returning the child is kidnapping.
Is it kidnapping if a parent takes a child abroad if they are the resident parent?
To take a Minor child abroad with intent to reside abroad without the consent of the non custodial parent would constitute kidnapping. A vacation is not a change of residence and therefore is not disallowed. Permission should be obtained from the non custodial parent in writing to prevent any misunderstandings later.
If a minor were to runaway with someone older is it considered kidnapping?
It depends on the circumstances but is much more likely to be custodial interference than kidnapping. However either can result in arrest and record. You need to think whether or not you want to put that person at risk for a lifetime record.
Can the non-custodial parent claim the children without permission of the custodial parent?
No, the custodial parent must give written a agreement which contains all pertinent information including the date the child/children will leave and the date they will return, how and when the non-custodial parent should stay in contact, and so forth. If a non-custodial parent removes a child/children from ANY place w/o the knowledge and/or permission of the custodial parent they are committing "parental kidnapping" and may be subject to criminal prosecution and other penalties.
Can a father be charged with parental kidnapping if he takes his child out of the state and she was never married to the father?
Yes. He would need her consent if she is the custodial parent.
Can you get in trouble for leaving the state with your children having full custodial rights while the father is fighting for custody and you got a summons stating not to leave the county?
If you were told not to leave the county, then yes, you are breaking the law. At the very least, you'll be in contempt of court. You could also be charged with custodial interference or kidnapping.
How much trouble would the noncustodial parent get in for keeping their child without consent of court or the custodial parent if said child wishes to stay with the noncustodial parent?
If the noncustodial parent tries to keep the child, the custodial parent can get the noncustodial parent charged with kidnapping and contempt of court both can be jail time for the noncustodial.
Can a mother bring kidnapping charges to a father if there isn't a court order?
As a married mother, no. As a single mother, though he has no legal right to retain the children, the police and the courts are beginning to view this as a civil rights issue that your rights are no greater than his to the children. I know as we we have been bring civil rights actions against them.
