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Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Family Law
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Experience:  Attorney & Certified Mediator
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I have visitation rights with my 6 year old daughter today.

Customer Question

I have visitation rights with my 6 year old daughter today. My ex has her and refuses to let me see her, but with no explnation. Is this parental kidnapping? Should I call the police or just wait for the court to deal with this later?
Submitted: 7 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 7 years ago.
No, parental kidnapping is the intentional taking of the child away from the state or the child's place of residence or away from the designated custodial parent. If mom has court ordered custody rights, then this would not be considered parental kidnapping, but it is definitely a violation of your visitation rights, which is enforced through the courts by filing a motion to contempt.

Below for your review are the Kidnapping and custodial intereference statutes of TN:

Kidnapping and False Imprisonment
39-13-301. Part definitions. —
39-13-302. False imprisonment. —
39-13-303. Kidnapping. —
39-13-304. Aggravated kidnapping. —
39-13-305. Especially aggravated kidnapping. —
39-13-306. Custodial interference. —

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Attorney & Mediator and 4 other Family Law Specialists are ready to help you
Customer: replied 7 years ago.
very helpful, thank you
Expert:  Attorney & Mediator replied 7 years ago.
My pleasure, glad to be of service.

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