[JudyKayTee]

Spidey senses tingling - something is not right here.

[J_9]

Do I write him in Florida where this occoured or in Ohio where we now reside?

You write where it occurred because you want to change the laws there.

[ScottGem]

Both

[peeches311]

Spidey senses tingling - something is not right here.

EXACTLY! I know it, you know it, but no body else seems to care! I would never consider acting outside of the law, but if it comes down to protecting my child we can and WILL disappear! This is why children disappear. :eek:

[peeches311]

You write where it occurred because you want to change the laws there.

I agree it is important to change poor laws, but the problem here is not poor laws, it is refusal of law enforcement to enforce the laws!

[AK lawyer]

You need to write your congressmen.

Do I write him in Florida where this occoured or in Ohio where we now reside?

You write where it occurred because you want to change the laws there.

Last I looked, U.S. Congressmen don't change state laws.

Kidnapping is the jurisdiction of the FBI. The FBI won't care if the local cops screwed up or not. Just look in your phone book for the nearest FBI office.

OP cited the Florida kidnapping statute,787.01, Kidnapping. I believe the child's father could be prosecuted under FL statute 787.03, Custodial Interference, rather than 787.01, Kidnapping. But in any case, it's not the Federal kidnapping statute (Lindberg Law) she's talking about.

[peeches311]

Last I looked, U.S. Congressmen don't change state laws.



OP cited the Florida kidnapping statute,787.01, Kidnapping. I believe the child's father could be prosecuted under FL statute 787.03, Custodial Interference, rather than 787.01, Kidnapping. But in any case, it's not the Federal kidnapping statute (Lindberg Law) she's talking about.

He did not take her out of state... that I know of. I am just so frustrated that this is so easy to see in the statutes however the police are refusing to pursue it. I contacted the FBI however and hope they can intervien.

[JudyKayTee]

I know this is not kidnapping in NY - it's parental interference (if it's that). I have investigated more than a couple of these matters, gathering info, getting sworn statements, and the bottom line is the "Go back to Family Court" advise. The Police don't want to get involved because they are busy chasing criminals (or so they tell me) and this is not criminal activity.

I have also seen one parent go so overboard that the Police "favor" the other simply because they are tired of the drama, ranting and raving.

[AK lawyer]

Point blank, it is a crime in the crimial section of the state statutes (FL) so why won't the police recognize it?

No, it is not, actually.

787.01Kidnapping; kidnapping of child under age 13, aggravating circumstances.
—
(1)(a)The term “kidnapping” means forcibly, secretly, or by threat confining, abducting, or imprisoning another person against her or his will and without lawful authority, with intent to:

...

3.Inflict bodily harm upon or to terrorize the victim or another person.
...
(b)Confinement of a child under the age of 13 is against her or his will within the meaning of this subsection if such confinement is without the consent of her or his parent or legal guardian.

It's not because:

• it wasn't "forcibly, secretly, or by threat";
• she wasn't confined, abducted, or imprisoned. Like it or not, he is her parent, so "confinement" doesn't apply under this statute.
• You haven't shown intent to terrorize either her or you.

[peeches311]

No, it is not, actually.



It's not because:

• it wasn't "forcibly, secretly, or by threat";
• she wasn't confined, abducted, or imprisoned. Like it or not, he is her parent, so "confinement" doesn't apply under this statute.
• You haven't shown intent to terrorize either her or you.

744.301Natural guardians.
—(1)The mother and father jointly are natural guardians of their own children and of their adopted children, during minority. If one parent dies, the surviving parent remains the sole natural guardian even if he or she remarries. If the marriage between the parents is dissolved, the natural guardianship belongs to the parent to whom custody of the child is awarded. If the parents are given joint custody, then both continue as natural guardians. If the marriage is dissolved and neither the father nor the mother is given custody of the child, neither shall act as natural guardian of the child. The mother of a child born out of wedlock is the natural guardian of the child and is entitled to primary residential care and custody of the child unless a court of competent jurisdiction enters an order stating otherwise.

He had not been ajudicated the father yet, that came later in the case.

[peeches311]

No, it is not, actually.



It's not because:

• it wasn't "forcibly, secretly, or by threat";
• she wasn't confined, abducted, or imprisoned. Like it or not, he is her parent, so "confinement" doesn't apply under this statute.
• You haven't shown intent to terrorize either her or you.

She WAS confined against her will. The day I located him and went to the home and asked for her, she came running to the door screaming "mommy" and he hauled her off to a room in the back and closed the door. Also, as her only natural guardian "her will" is bestowed upon me. It is MY consent that is required. Also it was "forcibly, secretly, or by threat". I had to use a PI to locate him because he was using a fake (other than where he was living) address to the courts for his custody papers in the filing of them. I did show the intent to terrorize... everyday for 10 days I called and begged him to allow her to come home. I told him he is hurting her and breaking the law. He did not even allow her to speak to me. He told me she "was gator meat" and I "will never see her again" as well as told me that "they may have found Caley Anthony's body but they wont find hers" and told me "hows that feel? ya like that? knowing you'll never see her again?" That in its self is terrorizing enough. And again, at this point he was not legally her parent... that's what DCF was trying to explain to the police, showing them my documentation, her passport, her birth certificate, the court orders, all of that proved he had no guardianship or custody at that point and still has none.

[JudyKayTee]

This has turned into a blog - everything that can be said has been said.

Time to close unless there is new info - ?