If I’ve already filed for primary custody for my child and don’t want to send her back to the unstable condition with her mother, will I be charged with kidnap if I don’t send her?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I’ve already filed for primary custody for my child and don’t want to send her back to the unstable condition with her mother, will I be charged with kidnap if I don’t send her?
Asked on January 3, 2013 under Family Law, Georgia
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Since the mother of the minor child knows that you have the child under the laws of all states in this country you should not be charged with kidnapping your own child if you do not return her. Kidnapping occurs when one improperly takes another person against his or her will. From what you have written, I do not see the basis for a kidnap charge against you.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.