How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Maverick Your Own Question
Maverick
Maverick, Lawyer
Category: Family Law
Satisfied Customers: 5767
Experience:  20 years of professional experience
16823287
Type Your Family Law Question Here...
Maverick is online now
A new question is answered every 9 seconds

Eleven days ago my sons wife left with their nine month old

Resolved Question:

Eleven days ago my son's wife left with their nine month old son after a verbal argument. She left when he was at work & did not tell him she was leaving & has not responded to email, text messages or voice messages. We did find out she took his son to Oregon which is where her sister lives. We have no idea if or when she will return. My son lives in North Carolina. Does this constitute kidnapping & what are his options legally?
Submitted: 5 years ago.
Category: Family Law
Expert:  Maverick replied 5 years ago.

Welcome to Just Answer! My name isXXXXX very much enjoy what I do and I hope that you will benefit from this information.

 

Parental kidnapping is defined as the taking, retention, or concealment of a child by a parent or by an agent of a parent or family member in derogation of the custodial or visitation rights of the other parent. Normally, parental kidnapping is a felony and is punishable by fines and imprisonment. Some states give the custodial parent a civil cause of action against the kidnapper as well.

 

In the case where there is no pending divorce or separation related custody order, the married parents both have full rights to take the children with them.

 

Your son may want to have a lawyer immediately file either a divorce or separation action in NC and request temporary emergency custody allowing him to take bring his child back to NC.

 

 

If you need more clarification or follow up information, please feel free to write back as there is no extra charge. Otherwise, please click on the ACCEPT button. Even if you have put in your payment information, I receive no credit for my time unless you press "ACCEPT".

Sometimes the law does not give you the outcome that you may have anticipated. Please understand that this is not the attorney's fault. We are assuming that you are paying for an honest and professional opinion.


Please know that there may be a delay between your follow up question and my answers because I may be helping other customers. Rest assured, I will get back to you. In the meantime, you can learn more about me by clicking on my name at the bottom left hand corner of the screen.

This information is provided so you may better discuss legal issues with your attorney. Consult a local attorney for legal advice before acting. You may be able to find an attorney in your area to further assist you at http://www.attorneysaccess.com/ or http://www.martindale.com/.

 

If you feel that I went an extra step to help, a bonus would be greatly appreciated! Also, please know that you can always request me for a future question by starting your new question with "This question is for Maverick".

 

 

 

 

 

Customer: replied 5 years ago.
Let me get this straight. Since there is no separation or divorce on file either parent my take the child wherever or whenever they may want without regard of the other parent.
Expert:  Maverick replied 5 years ago.

http://deltabravo.net/custody/kidnap.php

 

Here is a plan of action for you to follow at the link above.

 

When parents are married then they both have full and equal rights to the children. It is when there is a court order on custody that a claim for custodial interference or kidnapping arises.

 

I have not found any law to the contrary.

 

 

Maverick and 3 other Family Law Specialists are ready to help you