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My husband has taken our son without me knowing where he is. He is concealing him from me to be mean.Legal?

Additional Details
I didn't know how to expand on my question earlier. Here is the deal. We have marital problems. He has taken our son from school and said he isn't bringing him home. Is that legal. He is using our arguing as an excuse to not bring him home. He knows that he is doing this to hurt me. That is the only reason.



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God Bless America!~
That's called kidnapping and you need to contact the authorities immediatley...

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WiseGal
Time to call the po-po aka POLICE this is not legal
UNLESS he has sole custody.
Call NOW and report this.

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Bob S
too often parents use their children as weapons of war and control over each other. In the end it is the child that carries the scars throughout adult life. Try to get your husband to go with you to a mediator for the welfare of the child

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Dana
Rating
No! Legally i think that's kidnapping.

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MistiDawn
Yes, listen to everyone that is saying IT'S ILLEGAL! b/c they're right: it IS kidnapping, and it's a huge deal. If you can contact your husband and you're really worried, let him know that you intend to contact authorities to report your son missing if he doesn't give you information on his whereabouts.

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Russell Mania
Rating
It depends on the situation. Does your husband have joint custody, or do you have sole custody of your son. If you have sole custody of your son, then yes, this is consider kidnapping. If you have joint custody, do you have an agreement in the contract that he may see his son certain days. If you are living together and did not get any type of divorce, then yes your husband has the right to take your child out somewhere, without telling you everywhere he plans to go. Their is not enough information in your question to fully answer your question. If you think that your child has been kidnapped, then you can and should call the police and file a missing child's report and explain the situation to the cops. Have you tried called your Husband. you also never mentioned how long he has been gone.

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Marge
Rating
I assume that you and your husband are separated and/or divorced... so depending on what your agreement states, and what the real situation is, will depend on if it's legal.

As an example, if you have 50 - 50 joint custody, and this is his week, he does not have to tell you where they are. As long as he abides by the agreement, it's legal. On the other hand, if you have full custody and this isn't his normal visitation time, then there is an issue.

Either way, talk to your lawyer and if he is breaking the agreement (which, again, I'm assuming you have) then talk to the police.

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R M
Rating
If you have sole custodianship it is kidnapping. Yes, call the police and your attorney.

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snowbunny360
Unless YOU went to court , and Had a "court order" put against you, then That IS ILLEGAL, And may be termed "Parental Kiddnaping".

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normajean_81
Rating
no! illegal!
call the cops!
unless you have no rights to this child, i don't see how that's even close to legal. it's called kidnapping

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Mr Unknowable
Rating
Go to the police. Tell them your husband has kidnapped your son. It's a crime and he will go to jail for it.

Then while he is in jail get a restraining order to keep him at least 100 metres away from you or your son.

Get an woman's support group involved and they will know everybody you will need to speak to and how to get help with anything else you will need.

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Sherif S
Rating
call the police..

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adam/penny
did he kidnap him?
go to the police for advise to see if they will bring the district attorneys office into play. he's not allowed to keep your son from you REGARDLESS OF WHAT HE THINKS.

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apricot4u2eat
Rating
First of all you did say "Husband", right? So it is legal for him to take both of your child somewhere...but not good that he has done it without you knowing where they are...you should call the cops about him taking your son without you knowing where he is, but they will tell you that, that's his son as well...

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cope_acetic
Rating
NO!
Unless he has a court order saying you must stay away, he has to allow you custody!
Call a lawyer, NOW!

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schzaree
Rating
Depends on who has custody if anything. You may have some legal rights. Get a lawyer and try to get your son back. This will be held against him for what he has done, unless of course he has something against you that you have done to put the child in danger. If not the court will decide.

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beez
No.

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Mike R
I noticed its your first question. For next time a little more detail in the question will get you a far better answer.

There is a few scenarios, with differents outcome.

Are you still married and living together?
If you are then you can't do much until 24 hours or more, for all you know he could be taking him on a fatherly outing.

Are you separated and or divorced?
If you are has custody been established?
If it has do you have it is it shared or fully yours or his?
Do you residential custody (who does the kid lives with?
And what are the visitation arrangments?

Depending on the answer to these questions is the results of what you can do.

Just keep in mind, that unless stated otherwise by a court order he also has rights to spend time with the kid, and if he has an agreement even verbal with you that he could take him then nobody can do anything about it unless you could prove that the kid is under immediate danger. After a while 24 hours or more if he hasn't shown up then you could call persue something more based on the fact that now you fear for him and his well being. Being in communication with his mother is part of his emotional well being.

If this happened because the mom and dad are fighting then putting the kid in the middle is bad for both parents and trying to get the other parent in trouble by lying to the authorities could be view as slanter.
I hope the best for the kid......

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zeekey398
Rating
If you have 0% custody and no court ordered visitation, he can do whatever he wants. If you have partial or total custody, you have a right o know where your child is if you can prove he has ill intentions, then it is most certainly kidnapping

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MyPinion
Do you have any custody over him? Is there a restraining order etc... on you? If yes to the above two, than the answer is a little tougher to take a guess at.

Otherwise, absolutely not: that is illegal and can be charged if it continues...If you have some kind of right to him on the weekends, something like that I'm guessing, just wait till he plays that game come Saturday!

You may just want to call the police-it's tough to know the answer here not understanding the circumstances.....:)

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paigespirate
Immoral, maybe, but totally legal.
U did use the words, "husband" and "our son". He has as much right to take him anywhere safe and keep him with him as you do.
I don't mean that to sound as harsh as it does. If u believe the boy is in danger or if he is not in school (but sounds as if too young for school, for some reason) or some other legal endangerment to the well being of the child, then u can go to the police.
Other than those situations, he is within his parental rights to have him with him, until he is grown.
If he is doing it to be mean to u, he will quickly tire of caring for a child, by himself. Anger burns out pretty quickly, when it requires a lot of effort 24/7.
U don't sound particularly worried about the welfare of the child, so thinking u at least think the father is capable.
I'm sorry, but it is totally legal. I understand ur worry, good luck.

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