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lwpat, Lawyer
Category: Family Law
Satisfied Customers: 25386
Experience:  Practicing family law attorney
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My fianc e left Monday and crossed state lines. I found out

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My fiancée left Monday and crossed state lines. I found out tonight she has no intention of coming back. She has my children with her. What can I do? Can I file charges for parental kidnapping?
Submitted: 6 years ago.
Category: Family Law
Expert:  lwpat replied 6 years ago.
Each parent has an equal Constitutional right to custody of their children. There can be no parental kidnapping unless there is a court order. You can go to the family court and file a petition for custody and the judge will decide what is in the best interest of the children.
Customer: replied 6 years ago.
Ok, so she can just dissapear with my kids with no notice and thats legal? I do not know where they are, and have not heard anything?
Expert:  lwpat replied 6 years ago.
Without a court order that is correct. Sorry but until you go to court that is the legal situation.
Customer: replied 6 years ago.
How likely is that too occur? And what benefit would a court order have on my behalf? I know she left because of some problems I have and I am in the middle of trying to get help for that through things such as consoling as well as anger management.
Expert:  lwpat replied 6 years ago.
If she had cause to leave then it is unlikely that the court would award you more than supervised visitation.
Customer: replied 6 years ago.
So, and and please do not think I am snapping or anything I am just so very very stressed over this, because she left due to verbal and emotional abuse I should just give up and accept my family is gone forever? And how would a supervised visit work when i do not know where she is?
Expert:  lwpat replied 6 years ago.
Unfortunately we are limited on this type of forum to answering legal questions only. In your situation there is little else I can tell you. Sorry.
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