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SC Law Attorney
SC Law Attorney, Family Law Attorney
Category: Family Law
Satisfied Customers: 344
Experience:  I have been practicing primarily in the field of Family Law for approximately 17 years
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My newphew lives in New Mexico and wants to live with his dad.

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My newphew lives in New Mexico and wants to live with his dad. His grandparents have custody. He will not be 18 for a couple weeks. Would it be kidnapping if I went and got him?
Submitted: 6 years ago.
Category: Family Law
Expert:  SC Law Attorney replied 6 years ago.
If a person takes physical custody from someone with legal custody, without their consent, then yes, it would be kidnapping. Also, if the child is nearly 18 already, it's not worth filing a custody action over. Once he attains the age of 18, the Court order no longer applies. However, he should also remember that they have no duty to support him, either, and he may not want to bite the hand that voluntarily feeds him if they are a source of support to him. Many 18 year olds can't make it on their own without help from their parents or grandparents. Good luck to you.
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