Family Law Questions? Ask a Family Lawyer Online.
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
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Took them where?
are you in divorce proceedings?
how old are the kids?
why did he take them?
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?
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.
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