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    rysco13's Avatar
    rysco13 Posts: 23, Reputation: 1
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    #1

    Nov 8, 2007, 01:53 PM
    No custody in place- kidnapping?
    Can a father get in trouble for taking his son from his soon to be ex wife if there is absolutely no custody rules in place?
    kanicky73's Avatar
    kanicky73 Posts: 484, Reputation: 63
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    #2

    Nov 8, 2007, 01:54 PM
    Where did he take the child? Out of state? Across town?
    s_cianci's Avatar
    s_cianci Posts: 5,472, Reputation: 760
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    #3

    Nov 8, 2007, 01:57 PM
    No. As long as he is in fact the legal father (and being married to the mother at the time of birth does it) then he isn't committing any crime and can't get in trouble.
    macksmom's Avatar
    macksmom Posts: 1,787, Reputation: 152
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    #4

    Nov 8, 2007, 02:06 PM
    Have to spread the rep first ;)... but exactly what s_cianci said... if there is no custody agreement, and he is the legal father it's not considered kidnapping.

    But keep in mind, while it's not consider kidnapping... if the father is keeping the child away from the mother... it may not look good on him when they do end up in court for custody.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Nov 9, 2007, 09:17 AM
    Depending on the age of the child, what the arrangements have been it can be considered custodial interference and, yes, you can be arrested - for example, you and the mother are living separately, the child lives with her. You can't simply swoop down and take him.

    If she is your soon to be ex-wife you must have legal counsel - check with the Attorney.

    Kidnapping - I don't know.
    jvaldez's Avatar
    jvaldez Posts: 2, Reputation: 1
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    #6

    Nov 12, 2007, 06:04 AM
    Quote Originally Posted by rysco13
    Can a father get in trouble for taking his son from his soon to be ex wife if there is absolutely no custody rules in place?
    Good question?
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