I took my son from my wife a few months ago. The house we were leaving in had mold and bugs and he was sick.I feel like my son was being neglected and the house being like it was is a form of abuse. My wife had us living with her family. She quit her job and we were forced into moving in there . I am now living in a new state and have custody papers filed and I have a court date. Can I be charged with parental kidnapping?

Is the wife aware of your location and has contact with the child been allowed ?

First ANY question on law needs to include your general locale as laws vary by area.

Second, if the mother was made aware of your location and allowed visitation there should be no prosecution for parental kidnapping.

There are some other issue here. Did you file for divorce as well as custody? Was there any prior court action where you previously lived? If not, did you legally establish residency where you currently are? Its possible, if the mother fights custody, that jurisdiction could be where you moved from.

What I am finding it hard to understand is because your wife quit her job, you had to move in with her family, but the house where her family lived had mold? And only your son was affected?

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Originally Posted by ScottGem

What I am finding it hard to understand is because your wife quit her job, you had to move in with her family, but the house where her family lived had mold? And only your son was affected?

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Im going to say this as it may be you have not had your coffee yet. When a child is involved and your near any contaminates or chemicals the child is always more at risk then the adult. Much of it being that sheer body mass alone counts for the percentage of contamination. The smaller the body mass the greater the effect. It works like a teeter-totter. What would produce a .05 contamination level in an adult (200 lbs) from environmental contamination. Would also cause 10 times that much in an infant. So the fact a child may have been more sensitive to the situation is no surprise.

Sorry if I was misunderstood. I wasn't questioning the fact that only the child might have been affected, just trying to confirm it. It seems to me that this might have been used more as an excuse than a real danger. It seems to me that moving out of state, because the wife's family's house had health issues, was a drastic reaction and that there is more going on here than has been revealed.

I had no family or anyone in the state we lived in. I came to where my mom lives. I can't file for divorce until next month but plan on doing it. I was sick also but my son was the most important in the situation. She has not attempted to make any contact with us. She has various ways to get ahold of me. There were no court actions or anything like that. We are almost a resident where we are know.

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Originally Posted by jencase

There were no court actions or anything like that.

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That you know of. She could have filed and claimed you had disappeared. I would check her local court house to see if anything was filed. You might also check to see if a warrant has been issued for you.

Again, I have to feel there is a LOT more to this story. I can't imagine moving out of state away from the child's mother just because of a health issue.