What constitutes parental child kidnapping if the parent has primary custody?

Is it kidnapping if the father goes and gets his child from out of state from the steparent if they have no rights when the mother has died?

The father should consult with an attorney but unless he has been declared an unfit parent by the court with jurisdiction over the child, or he has given up his parental rights, he would be the primary choice for custody of the child.The father should consult with an attorney but unless he has been declared an unfit parent by the court with jurisdiction over the child, or he has given up his parental rights, he would be the primary choice for custody of the child.The father should consult with an attorney but unless he has been declared an unfit parent by the court with jurisdiction over the child, or he has given up his parental rights, he would be the primary choice for custody of the child.The father should consult with an attorney but unless he has been declared an unfit parent by the court with jurisdiction over the child, or he has given up his parental rights, he would be the primary choice for custody of the child.

If you have joint custody and the parent with visitation will not return kids what do you do?

In most states that's considered parental abduction if you have primary residential.

Is it kidnapping if a mother with primary fled the state against court order the father took the matter to court and was awarded full custody and the mother still refuses to disclose to location of or?

No! Kidnapping involves other elements that make it a crime. The events described above mean a contempt of court, violation of custody agreement etc.

You are a father that has primary custody over 2 boys recently remarried .does your new wife have parental rights?

This is an issue that is not specifically addressed in custody laws, so it needs to be addressed in a modified custody order. See link for addressing other issues.

Can a mother be charged with parental kidnapping if she takes her child out of state and she was never married to the father?

Yes, if:- The father retains sole physical custody of the child, the mother has visitation rights and took the child out-of-state during a time she did NOT have visitation with the child; OR- The father retains sole physical custody of the child, the mother has absolutely no parental rights to the child and took the child out-of-state at any time.No, if:- There is a custody arrangement in place, whether as a written or oral agreement between the her and the father, or as an Order for Child Custody, and the mother retains primary or joint (equally shared) physical custody of the child; OR- There is no custody arrangement in place between her and the father, and there is no Order for Child Custody in place, but she retains primary or sole physical custody of the child and/or the father never bothered to petition for custody; OR- There is a custody agreement in place between her and the father, or there is an Order for Child Custody, and the father retains primary or sole physical custody of the child, IF the mother has visitation rights and chose to take the child out-of-state while she had visitation with the child;- Just about any other scenario, other than the two described above under "yes," not otherwise described here.To sum this up, no, the mother probably cannot be charged with parental kidnapping simply for taking her child out of state. The mother has a legal right to travel wherever she chooses with her child unless a court tells her otherwise. In fact, the mother may move out-of-state with the child permanently if she so chooses, and there is nothing the father can do.The fact that the mother and the father were never married is completely irrelevant. The only difference between unmarried parents and divorced parents, is that divorced parents usually submit a custody plan to (or, more often, one parent receives an Order for Primary Physical Custody from) the family court, which explicitly outlines which parent has custody and which has visitation. If the parents never married, and the child lives with the mother, she is the custodial parent (which means she has primary physical custody of the child) and she can take the child wherever she pleases, whenever she wishes. The father has no legal claim to or right to control how the mother cares for the child while she retains custody, and the mother is certainly not required to seek permission or even notify the father of her intent to leave the state with her child so long as she retains custody,

Is it kidnapping if your mom takes you to her house without your father's permission and keeps you because you wanted to stay?

depends on how the court papers read. who has custody? No, it might be depending upon circumstances considered parental abduction, but if the father knew where the child was, it is unlikely that such a charge could be upheld. If the father has sole or primary custody he could report it as a commission of a crime and seek prosecutory action. Or he could petition the court for a writ of habeas corpus to have the child returned to his custody. Basically the mother could be held in direct contempt of a court order, unless she could show "just cause" as to her actions. Such as substantiated evidence of the child having been subjected to neglect and/or physical or emotional abuse. If the child was taken across state lines the case could become a bit more complicated, but kidnapping would not be a consideration pertaining to any criminal charges.

If you are ordered by the court to give up custody and you give it to the father have you also given up your maternal rights?

No. You were not ordered to give of your custody rights, just primary residency was transferred to the father. You still have your parental rights, the same as a father, and responsibility to pay child support, whether the father wants it or not.

Is primary phsical and sole legal custody the same as sole custody?

Yes.Yes.Yes.Yes.

If you have primary custody can you tell my ex what to do with our child?

no

Do you have to pay child support if you have primary custody in California?

Fathers are frequently ordered to do so there, despite having primary custody. see link below

How does primary custody work?

If you have primary custody you rule the child's life. You're the parent in charge but the other parent may still be entitled visitation.

How do you seek full custody in a joint custody situation?

By determining that the right of a parent to primary custody of the child supersedes the best interest of the child.