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Ask Jane Doe Deer Your Own Question
Jane Doe Deer
Jane Doe Deer, Lawyer
Category: Family Law
Satisfied Customers: 3896
Experience:  Attorney since 1986; Plain English explanations of support, visitation, custody, etc.
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My daughter lives in Ohio. She is married to an alcoholic,

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My daughter lives in Ohio. She is married to an alcoholic, he is verbally abusive, he and is "huffing". It is to the point where child services has been called, he has multiple DUI's, and various other charges pending against him. They have 2 minor children, and my daughter is fearful for their lives. She wants to leave, and move to Alabama to be with her family. Her husband is theatening her with kidnapping. Can he have her charged with kidnapping? They have taken no legal action to end their marriage.

Jane Doe Deer :

Thank you for contacting Just Answer. I look forward to assisting you. If you started this question in “chat” mode I may have switched you to “question and answer.” I sometimes have technical problems getting “chat” to work for me, plus it’s hard to read and write in that mode.


 


While we write back and forth, please keep in mind that I do not know what you already know or don’t know, or with what you need help, unless you tell me. Sometimes I’m unable to read your entire question until AFTER I write back to you.


 



Although it’s usually five minutes, sometimes there can be a delay of an hour or more in between my answers because I may be researching the answer to your question, helping other customers, or taking a break. If we are writing late at night, I may have to go to sleep and resume helping you the following morning.


 


I need the following information before I can answer your question:


 


Is that all you want to know about, or do you want links to women's shelters, etc?


 


I'll look forward to hearing from you,


 


Jane Doe Deer


Jane Doe Deer :

We can chat awhile, regardless.

Jane Doe Deer :

Hello, are you there?

Customer:

I just would like to know if he can charge her with kidnapping. She is afraid for her and the childrens lives and wants to leave. His parents are also threatening her that they will try to get custody.

Jane Doe Deer :

The most that the husband could do as a criminal matter is to file a police complaint. There is almost no likelihood that any law enforcement personnel will go after your daughter UNLESS it could be proved that your daughter's intent was to permanently deprive her husband of his children. So, as long as she informs him of the location of his children, and provides contact information, there is virtually no possibility that this would ever become a criminal matter. He can threaten all he wants.

Does that clear up that question for you, before we move on to the civil side?

Jane

Customer:

give me a moment to review your answer please

Customer:

Ok, what about the civil side?

Jane Doe Deer :

Just a second, I'm checking Ohio law.

Customer:

thank you

Jane Doe Deer :

Thanks for your patience. In Ohio, grandparents may apply to a court (petition) for custody of grandchildren. However, that does not mean a court would grant custody to them. It's extremely unlikely unless neither your daughter nor your son-in-law are fit parents. If your daughter is even remotely a good mother, a court is not going to take kids away from her in a dispute with grandparents.

Now, your son-in-law can file for divorce and custody, but based on what you've told me, he'll be lucky to get ANY visitation, let alone supervised visitation...let alone custody.

So, I suggest that your daughter find local women's shelter support folks. This can usually be found in a Google search (google.com); everything is confidential; information can usually be found through a YWCA. I suggest this because your daughter will need to put together an escape plan - one which is safe for her and the children. Professional can help, and the help is usually free (oh, local crisis clinics can point her in the right direction, too).

If I've answered your question, please be so kind as to "accept." Otherwise, let's keep talking (we can also keep chatting AFTER you accept - it's all up to you!).

My best,

Jane

Customer:

one moment please

Customer:

Thank you for your time and advise. I will accept your answer so you get paid. Thank you again and have a nice day.

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