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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27009
Experience:  General practice of law with emphasis in family law.
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A friend and the mother of his child were living together.

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A friend and the mother of his child were living together. They recently decided to split up, like in the last couple days. She came over today and took their child and refuses to tell him where she took the baby. This can be seen through their text messages. He told her this is kidnapping and he would call cops. She said go ahead that she wont get into trouble. What are his options? Can he have her arrested for kidnapping?




Welcome and thank you for your question

I am an attorney with more than 25 years of experience and I look forward to providing you true and correct information in this regard.

Please remember, I can only answer what you ask and so if you have follow up questions, please post them here for full and accurate information before rating. If there are no other questions in this regard then I thank you in advance for your positive rating

I am sorry to hear of this matter.

So, they recently separated and there is no court order visitation at this time, is that correct?
Customer: replied 3 years ago.

Yes. The separation has literally just taken place, in the last day or two.


Thank you for that information

Unfortunately, it is not kidnapping. Since there is no court order either parent may have custody of the child

Now the fact that she is hiding the child will not fare well for her in a custody dispute and the Father can use this to his advantage.

But the fact is, if he wants custody he needs to go to court and get an order. It could be that the Mother is already applying for an emergency order.

But without any order there is nothing that can be done. The police will not touch this because it is a civil matter
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Customer: replied 3 years ago.

I just read this law. Can you please give me your resource for you answer. According to C.R.S. 18-3-302 a person commits second degree kidnapping when s/he seizes and carries any person from one place to another, without his consent and without lawful authority; or s/he takes away any child below 18 years with intent to keep or conceal the child from his or her parent or guardian or with intent to sell, trade, or barter such child for consideration. - See more at:


This is a federal kidnapping law. And that would be correct, if you or I took a child.

However, it is only considered PARENTAL KIDNAPPING IF there is a court order where the parents have been granted custody and the non custodial parent does not return the child from a visit, etc

This law that you provide does not apply to a divorce/custody matter - UNLESS there is a court order.

If you don't beleive me, please call the FBI and/or your local police and tell the the Mother has taken the child - They will ask if there is a court ordered custody and when you say no they will tell you it is not a crime that it needs to go to family court as part of a divorce or custody dispute.

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