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Ask Samuel II Your Own Question

Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 22210
Experience:  Handle criminal matters in both state and federal courts.
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16yr old son was visiting me in ks for the scheduled 30 day

Customer Question

16yr old son was visiting me in ks for the scheduled 30 day summer vacationl. son did not return to nc on his scheduled flight after week 3 because he wants to attend his junior yr in ks and then return to nc for his senior yr. nc sheriff deputy called me and after i refused to send him back against his will, i have been charged with gs14-41 a class f felony. what is my best defense?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Samuel II replied 4 years ago.
Chat Conversation Started
Samuel-II :

Hi

Samuel-II :

Is this a "parental Kidnapping"

Customer :

yes

Samuel-II :

Well, you need to consider that you did what you believed was in the best interst of your son.

Samuel-II :

And you can obtain a written affidavit from your son showing that it was his desire to stay with you

Customer :

joint custody but she has custodial custody and i have visitation. i have been denied scheduled visitation in the past 5 years due to the kids having other things scheduled or they wished not to visit. this court order is 10 years old. i have a custody modification case calendared for the week of Sept 20th in nc but this was not enough for the sheriff deputy

Customer :

they say that because he is not of age that his wishes have no impact over the court order

Samuel-II :

Yes. The deputy had to follow what the Order said. It is not thier duty to decide the facts.

Samuel-II :

Well, his desires may be considered

Samuel-II :

But it can only be done at a modification hearing

Samuel-II :

When is the hearing for this offense

Samuel-II :

After your modification hearing?

Customer :

what is the best defense strategy for this? i still have an open warrant. if i show up in nc before the hearing i will be served.

Samuel-II :

Yes, you will be served. So you have a modification in NC on the 20th for the modification?

Customer :

i was arrested in ks and signed my waiver for extradition but after 6 days, "because of my friendship with the sheriff" i was bonded out.

Customer :

yes, the calendar call is the 14th

Samuel-II :

I see. Well, as I said, you will need to consider getting a written affidavit from your son stating that it was his desire to stay with you and you thought it was in his best interest to allow it. You do not want to focus on what you thought was your best interest

Samuel-II :

It is always about the children

Samuel-II :

You will need to consult with a NC attorney who can go with you to the modification hearing, because you will be arrested on that open warrant

Samuel-II :

and so you want to have an attorney present to ensure that you are not held and that you are released

Customer :

while here in ks i found out he had begun using drugs. his mother even knew of the peron dealing it to him and continued to allow him to associate with him. is this something i can use as a reason not to return him for "his best interest"?

Samuel-II :

Yes. If that can be proven. You can say it was also a circumstance beyond your control because he was refusing to leave

Customer :

what is the normal bond for such an offense? i have a clean record minus speeding tickets. i am active in my local comunity, former sheriff deputy reserve, former rural firman, and i am running for elected office, so this is seriously afecting my reputaion and possible future political career

Samuel-II :

I see. In NC the bond would probably be $5000. But that is with an attorney present who can vouch for you and state that you will appear if there is a hearing in the matter

Samuel-II :

You could also be released on your own recognizance, since you already have posted bond in

Customer :

my lawyer says my ex is using this as leverage in the custody case

Samuel-II :

Kansas

Samuel-II :

Of course.

Samuel-II :

Wouldn't you?

Customer :

yes,is it possible to charge her with contempt of court for

Samuel-II :

But if you can show that your son refused to leave, you had evidence he was using drugs in NC

Customer :

past visitation violations?

Samuel-II :

and that this was in his best interests, it could all be dismissed

Samuel-II :

It would depend on how long ago they happened. You don't want to drag up things that happened last year, in my opinion

Samuel-II :

That is a "tit-for-tat" and courts don't want all that drama

Samuel-II :

It does not fare well to do that because then it becomes apparent it is not in the best interest of the child

Samuel-II :

But for you or her

Samuel-II :

Or for you to get even with her

Samuel-II :

and vice a versa

Customer :

good point

Samuel-II :

I suggest you try to deal with the issue at hand

Customer :

i just feel i have gotten the short end of the stick for being so passive

Samuel-II :

You did what you did because it was a circumstance beyond your control as your son refused to return

Samuel-II :

He did not want to go to NC because he was using drugs there and needed to get away

Samuel-II :

from that environment for awhile

Customer :

he even said that to me

Samuel-II :

Then that is your defense

Samuel-II :

You can obtain a written statement from him to that effect. Not that you are placing blame on him

Customer :

thanks how do i pay you, just hit accept?

Samuel-II :

But at age 16, he can be heard on the issue

Samuel-II :

and it may be considered

Samuel-II :

You may hit accept once you leave this chat

Samuel-II :

I thinK

Customer :

thanks for you help

Samuel-II :

I am not really sure. But you will see an Accept button

Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 22210
Experience: Handle criminal matters in both state and federal courts.
Samuel II and 6 other Criminal Law Specialists are ready to help you

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