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GeorgetownLawyr
GeorgetownLawyr, Family Law Attorney
Category: Family Law
Satisfied Customers: 12047
Experience:  Experience: contested Divorces, custody disputes, Post dissolution modification, child support issues, adopti
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my husband took away my kids. what shall i do

Resolved Question:

my husband took away my kids. what shall i do? i called 911 and police told me they can't do anything about it I'm desperate

Submitted: 11 months ago.
Category: Family Law
Expert:  GeorgetownLawyr replied 11 months ago.

Hello and thank you for using our service. My name is XXXXX XXXXX I am a licensed attorney and will try my best to help you. I just ask for you to ask any additional questions you may have if you feel the question has not been answered. Also, IF I have bad news for you, please remember I am only the messenger, I will try my best to give you a solution, but sometimes the law does not have a good one.

 

Took them where?

are you in divorce proceedings?

how old are the kids?

why did he take them?

Expert:  GeorgetownLawyr replied 11 months ago.

hi, please just reply in this question. you do not need to start a new question. Also, please answer all of the questions I asked...

are you in the middle of a divorce?

how old are the kids?

why did he take them?

Customer: replied 11 months ago.
took them where? i dont know. he took them away without my consent
are you in divorce proceedings? no but he is threatening for divorce and left me without phone, cancelled cards etc.
how old are the kids? 2,and 5
why did he take them? we argued this morning and he says i wont see them again he wont tell me where they are.
Expert:  GeorgetownLawyr replied 11 months ago.

I'm so sorry. As a mother I can imagine your panic and upset. I believe it says you are in Missouri. He is therefore guilty of parental kidnapping, which is a felony in your state so you need to call the Sheriff's department right now and report him. Missouri Revised Statutes 565.153. 1 states:

 

In the absence of a court order determining rights of custody or visitation to a child, a person having a right of custody of the child commits the crime of parental kidnapping if he removes, takes, detains, conceals, or entices away that child within or without the state, without good cause, and with the intent to deprive the custody right of another person or a public agency also having a custody right to that child.

 

2. Parental kidnapping is a class D felony, unless committed by detaining or concealing the whereabouts of the child for:

 

(1) Not less than sixty days but not longer than one hundred nineteen days, in which case, the crime is a class C felony;

 

(2) Not less than one hundred twenty days, in which case, the crime is a class B felony.

 

3. A subsequently obtained court order for custody or visitation shall not affect the application of this section.

 

After you report him to the police. You should initiate divorce proceedings. File a petition for divorce and for temporary custody of the kids, make it an emergency motion. The judge will decide whether this is an emergency and should consider it such. Once you have a court order giving you temporary custody of the kids, that strengthens the kidnapping claim as well and you are guaranteed to have the kids returned to you should the sheriff arrest him and can keep the kids until the divorce is final.

 

I would urge you to contact a local family law attorney first thing in the morning to see who can file an emergency motion for you before the weekend because then you cannot get anything done over the weekend. I'm really sorry for your troubles and hope this helps clarify.

 

Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law or whether you dislike the answer) as that is the only way that I can get credit for my assistance to you. If you feel I have not earned a positive rating, please give me a chance to do so. Keep in mind even after you rate the service, I can still answer additional questions for you without additional charge. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just make sure you type: To Georgetown Lawyer on the subject line. Thank you!

GeorgetownLawyr, Family Law Attorney
Category: Family Law
Satisfied Customers: 12047
Experience: Experience: contested Divorces, custody disputes, Post dissolution modification, child support issues, adopti
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