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I am very sorry for your brother's situation. What you are asking about is essentially the custodial interference laws of the states involved - can what he did be called custodial interference?SOUTH DAKOTA
In SD, this is codified under S.C. Code Ann. §16-17-495(A)(2)
. You can find this here
Custodial interference only applies when there is a court order and the parent takes the child out of state, disregarding it, or, the parent flees the state knowing that there is litigation pending.
This was not the case here. So no custodial interference in SD, arguably. CALIFORNIA
This is handled under Cal. Penal Code §278.5
. Again, notice that there is a key towards malicious behavior and intent for depriving the other parent of custody. This was not the case here, so CA also should not see this was custodial interference.FEDERAL ISSUE & TRIBAL COURT
Federal custodial interference laws are under the Federal Parental Kidnapping
Prevention Act. You can see it here
. They do not apply either. I am not sure who told you that your brother is liable for federal charges, but this is simply not true.
The fact that one child belongs to a tribe complicates the matter in that that child's
custody matters may be in tribal court. However, your brother has the option of trying to lock jurisdiction where he is now using emergency reasons under the Uniform Child Custody
Jurisdiction And Enforcement Act. Read more about it here
Ergo, your brother is not in criminal danger here, but, should want to act quick to lock custody in the state where he is in now, possibly.
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