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matthew08 · Jul 3, 2014, 05:31 AM

Can someone tell me what i need to do I live in Georgia and in my divorce papers it says that there has to be a 30 day noitce if I move or if my ex moves we have 3 children I was in jail when she got the divorce and the judge gave her sole custody of the children but i have supervise vistation I just found out through a family friend that she and her boyfriend has taken my children and moved to baton rouge la in the state of georgia the law is that you can not not move out of state with the children unless the other parent agrees to it I need to know if i can file kidnapping charges against them for taking my children without my knowledge and consent and where do I go to do this.

joypulv · Jul 3, 2014, 05:34 AM

You call the police, not 911, the daytime office hours number, or you go to the nearest station in person (which is what I would do).

Unfortunately cases like this don't get very far. She will probably get away with it. If you can afford a lawyer, interview one or two before you plunk down any money.

Oliver2011 · Jul 3, 2014, 05:50 AM

"I need to know if i can file kidnapping charges against them"

Filing kidnapping charges helps your children how? I know that you are upset about her taking the kids, but in dealing with all of this, you two parents should have the best interest of your children as the first and only goal when it comes to the kids. Deal with it like mature adults without impacting the children.

AK lawyer · Jul 3, 2014, 06:28 AM

"GEORGIA STATUTES AND CODES § 16-5-40 -... Kidnapping (a) A person commits the offense of kidnapping when such person abducts or steals away another person without lawful authority or warrant and holds such other person against his or her will.. . "

So no. There is no evidence that she is holding the children against their will. Parental "kidnapping" (i.el: violation of a custody order) normally is not the same as criminal kidnapping.

Fr_Chuck · Jul 3, 2014, 07:34 AM

In Georgia this is civil, not criminal.

You hire an attorney, file in family court, for her in violation of the order. She will be served notice to return the children to GA. Ask the court to find her in contempt.

Depending on your background, and ability, request custody of children, at least temp custody, because of her violation.

joypulv · Jul 3, 2014, 07:39 AM

Filing a police report sets the date and starts a file saying she violated the terms of the court. They will direct you to what to do next.

ScottGem · Jul 3, 2014, 10:07 AM

The first question is; have you missed a scheduled visitation? Where is your scheduled visitation supposed to take place? If you haven't missed one when is the next one scheduled? Have you confirmed the move?

No this is not kidnapping. However, it is contempt of court. So you need to go back to the court that issued the order providing you with Supervised visitation and ask that they be cited for contempt of court for violating the court order for your visitation. You may be able to force a change in the custody order to give you a different visitation schedule.

While it isn't kidnapping it might be considered parental kidnapping. If they moved and are hiding the children from you, not letting you know where they are and not allowing you contact, then they may be cited for parental kidnapping.

So, if you have missed a scheduled visitation or can prove the move, then go back to court and file for a contempt citation for violating the court order. If they have not informed you of their location and are not allowing you contact, then after going to court I would visit your local FBI office and report it to them as well.

cdad · Jul 3, 2014, 01:56 PM

How long ago did the move take place ?

catonsville · Jul 3, 2014, 02:13 PM

One other question, are you paying child support and are you up to date? If you are paying, I would holdup payments until this is resolved. Make sure the money is placed in an account with the approval of the court and your lawyer.

ScottGem · Jul 3, 2014, 04:24 PM

One other question, are you paying child support and are you up to date? If you are paying, I would holdup payments until this is resolved. Make sure the money is placed in an account with the approval of the court and your lawyer.

Support and visitation are generally held separately from each other. I would not withhold support without court approval and I doubt if the OP would get it.

catonsville · Jul 4, 2014, 11:09 AM

Like I said with court approval. Withholding support might be a positive move to get the wife back to the state. Besides, how is he going to know where they are? Or, where to send it.

ScottGem · Jul 4, 2014, 11:12 AM

In many cases, support payments are made through an agency and forwarded to the recipient. If payments were being mailed, they can be mailed to the last known address. But I think the issue is moot since I doubt if a court would approve stopping payments.

catonsville · Jul 4, 2014, 01:16 PM

But not all. Sorry can't quote you because it is a pain to do so.

Fr_Chuck · Jul 4, 2014, 08:39 PM

In Georgia, child support and child visit are separate, In Georgia, if there is a court order for support, it MUST be paid, period, until you go back to court and get that order changed.

Georgia will put you in jail, very quickly. For non payment, or suspend your drivers license.

Going to court, for custody or to find other person in contept, is what you do, not withhold payment