I've been involved in a custody battle for my 2 year old son with my Ex since he was born. She was told that if she continues to withhold visitation from me charges will be set against her. I found out today that she left the state with my son and her new boyfriend. What can I do to get this madness to stop? A friend told me that it's considered kidnapping, but I don't know how accurate that is... is it kidnapping?

You need to go back to court and report that she has left the state.

Talk to a lawyer!

Its probably not technically kidnapping if no custody order is in place. If you have some visitation and she moves without court approval she can be cited with contempt and lose the child to you.

Like the others have said... get back to court and tell them. If you don't have a lawyer already, now would be a good time to get one. Its more critical now than ever since this might be the straw.

Edited to add: it may be kidnapping, depending on a defined set of circumstances. A court will decide. It IS, however, illegal, regardless of the crime.

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Originally Posted by eab2009

I've been involved in a custody battle for my 2 year old son with my Ex since he was born. She was told that if she continues to withhold visitation from me charges will be set against her. I found out today that she left the state with my son and her new boyfriend. What can i do to get this madness to stop? A friend told me that it's considered kidnapping, but I dont know how accurate that is...is it kidnapping?

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The way I'm reading this, I assume that a custody order is already in place. What does the order state about custody and visitation? That will outline whether she can take the child out-of-state or not. My husband's order states that either he or his ex-wife and remove the children from the state as long as it doesn't interfere with the other parent's physical custody.

How often are you supposed to see your son? When was the last time you saw him? Have you filed for contempt against your ex for withholding the child?

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Originally Posted by ;

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Twink24 disagrees: if you have not already noticed i was not the only one advising her to go to a lawyer.

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This is pure retaliation, plain and simple. Where is the error in my advice? You may want to read up on greenies/reddies.

And do NOT PM me again!