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If there is no custody order can you go get your children and not be charged with kidnapping?
Wiki User
∙ 15y ago
yes you can
Wiki User
∙ 15y ago
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Can a mother get her children if the father has had them and refuses to let her see them but the parents were never married and there is no court matters dealing with custody?
Since there is no court order and you were never married it is the mother that have custody. He can be charged with kidnapping.
If you signed temporary custody over to your mother of your son would you be charged with kidnapping if you took him without her permission?
Unless you go back to court and have the custody order reversed then yes, you could be charged with kidnapping because while the order is in effect she is acting as the parent.
Is it kidnapping in the state of Indiana if your husband moves to another state with OUR children There is no child custody agreement?
No, unless a custody order is being violated, it is not kidnapping for the Father to move out of state with his own children.
Can a mother be charged for kidnapping by the ex who sign the birth certificate even if he is not the child's real dad?
In order for a mother to be charged with kidnapping, there must be a custody order awarding someone else custody, or her parental rights must be terminated. The police would charge her with kidnapping. The father or any other adult could report the crime to the police.
Can an unmarried woman move out of her ex boyfriends house with her child without getting charged with kidnapping?
Unless he has a court order that gives him sole custody, yes. She is the one with full custody until he has petitioned the court for it.
What is judicial custody?
Judicial custody is when you are held by order of a judge and are not necessarily charged with anything.Police custody is when you are charged with something and are in the custody of the police.
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.
Will you be charged with kidnapping if you take your child out of state if I am under the age of 18?
Under certain circumstances, yes. Contact the police and/or a lawyer.
Is it kidnapping if husband won't give kids back if they were left in the mothers custody when the separation occured?
* If the father has full custody of the children, yes. * If he has partial or shared custody with the mother, it may be a violation of parental rights; that area is quite dicey, so talk to a lawyer. * If the father has no custody but does have visiting rights, then again, talk to your lawyer. * If the father has no rights to the children, then there is no crime committed.
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.
Can maternal mother take her kids out of Florida without permission if neither parent has legal custody?
If there is no formal custody order, both parents are presumed to have equal rights to the children. If one party leaves the state of residence and the other goes to court and files for custody, there is a risk that the judge will view the move as child kidnapping. It's very important to get a clear custody order and permission to move before leaving the state before or during custody proceedings. Eva YourCustodyCase.com
Why would a birth mother be getting served papers from her kids uncle if she hasn't had custody for 7 yrs?
If he has custody of the children he may be petitioning the court for a child support order against the mother.If he has custody of the children he may be petitioning the court for a child support order against the mother.If he has custody of the children he may be petitioning the court for a child support order against the mother.If he has custody of the children he may be petitioning the court for a child support order against the mother.
