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o11kno11 · Mar 21, 2011, 04:23 PM

My fiancé and I are not getting along as of late. We have a 5 month-old baby together. He tells me to leave but says I can't take our baby or he will charge me with kidnapping. So I end up staying because I am not leaving without my baby, although all I want to do is go and get away from this madness. Can he really charge me with kidnapping if I leave with the baby?

ScottGem · Mar 21, 2011, 04:28 PM

Not unless you run and hide. However, we need to know more info to be able to help you. Is your fiancée on the birth certificate or signed an acknowledgment of paternity? Has there been any court action establishing custody? ANY question on law needs to include your general locale as laws vary by area.

o11kno11 · Mar 21, 2011, 05:19 PM

He knows where I would be going, and yes, he is listed on the birth certificate. There has been nothing to do with courts thus far. I live in NL, canada

daisygirl123 · Mar 21, 2011, 05:22 PM

Get to free legal aid if its available then go with your child

ScottGem · Mar 21, 2011, 05:44 PM

Right now you have joint custody absent any court orders. So you can't be accused of kidnapping your own child. So you leave and file immediately for primary physical custody.

o11kno11 · Mar 21, 2011, 05:55 PM

This might be a dumb question, but I don't know anything about this kind of thing. How and where do I file for primary physical custody once I leave?

ScottGem · Mar 21, 2011, 05:58 PM

You go to the local Family Court. Or, better yet, hire a Family attorney.

Fr_Chuck · Mar 21, 2011, 07:27 PM

Agree with scott you can't get charged with kidnapping, he is using this as a threat to control you, this is bad since that in itself a sign of verbal abuse.