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Additional Details
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Shaun N
is it kidnapping if I don't bring my son back to his mom?
Neither one of us have official court custody. We are both on the birth certificate. He is 3 years old. Her and I broke up when he was 1 and for the last 2 years he has lived with her but now she has been in and out of mental institutions and she has no job and no money and doesn't even try to get a job. She has been addicted and re addicted to prescription pain pills throughout the entire time I've known her and I'm sick of it so I want to take him from her but don't have the resources to do it through the courts because it is very costly and I am living in one state while on parole in another state. My PO knows i am and he's ok with it because I haven't caused a single bit of trouble since I've been released. He has also submitted my case for early release and that is pending and I should receive an answer in a few months at most. He can't put me in for a transfer to another state because I don't have enough time left on parole. Now for the kicker, His grandma on his moms side plans to move to Oregon with him on June 10th and if she does I'll never see him again. So yeah the main question is is that considered kidnapping



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2009-05-27 13:49:39 +0000
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It sounds like this would be more custodial interference than kidnapping, based on the fact that there's no court ordered parenting plan, however, the best thing to do would be to contact someone in family law and get their help. It's always better to be official, and you never know what the exact laws in your state are. There are usually free or low cost law clinics that can at least point you in the right direction. I'd ask at the courts or call a law school if you have one in your town. And, by the way, how is his maternal grandma planning on moving with him? Does she have any legal rights to the child?

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2009-05-27 05:30:25 +0000
I don't know the law where you are, but where I live, it is only kidnapping if you take or conceal the child with the purpose of depriving the other parent of custody or visitation. You should let the mother know where you and the child are, and/or let the police department in both jurisdictions know where the child is.

You had better run this by your P.O., because if you do wind up violating the law, your parole could be revoked and you could wind up back in prison.

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2009-05-27 05:28:17 +0000
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you need to call child protective services and then the court and get a court appointed attorney and get an emergency custody order, it can be considered kidnapping if you don't take the appropriate steps.

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2009-05-27 05:25:40 +0000
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Not kidnapping... although upon your removal of the child, she may try to gain some degree of custody by going to court. Sounds like she'd fail if she tried, though.

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2009-05-27 05:30:50 +0000
A question for you rather than an answer, why did you not consider your child before embarking on your mission of self destruct, you both come across as being a pair of lame ducks, I hope and pray that you are both held accountable for your actions!!

God Bless The baby!!

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2009-05-27 05:36:09 +0000
I agree with Amanda. You should go through the proper authorities in order for your son to have a stable environment which he desperately needs. Do this for him.

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