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FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 23940
Experience:  9 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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IF A FATHER HAS CUSTODY (REQUESTED BY THE MOTHER 4-1/2 YEARS

Customer Question

iF A FATHER HAS CUSTODY (REQUESTED BY THE MOTHER 4-1/2 YEARS AGO) OF HIS 8 AND 10 YEAR OLD DAUGHTERS AND THE MOTHER TOOK THEM FROM LAST DAY OF SCHOOL ON MAY 19TH FOR THE 6 WEEK SUMMER VISITATION AND HAS NOT TO THIS DATE RETURNED THEM TO THEIR FATHER AND HAS TAKEN THEM FROM SD INTO IOWA. WHAT CAN BE DONE LEGALLY TO GET THEM HOME AGAIN. SEEMS TO BE KIDNAPPING.
Submitted: 1 year ago.
Category: Family Law
Expert:  FamilyAnswer replied 1 year ago.

Good afternoon. I certainly understand the situation and your concern. Yes, it is possible that criminal charges can be filed and the police should be contacted. Seeing how the mother left the State and failed to return the children, there is a cause for concern. Moreover, there could be grounds for custodial interference and I have provided the code below, as well, for your review. In addition, a motion could be filed with the court, seeking to hold the mother in contempt of court for violating the court order and the Judge can take action and issue a warrant for her arrested, as well.

22-19-9. Taking, enticing away, or keeping of unmarried minor child by parent--Misdemeanor--Subsequent violation felony. Any parent who takes, entices away, or keeps his or her unmarried minor child from the custody or visitation of the other parent, or any other person having lawful custody or right of visitation, in violation of a custody or visitation determination entitled to enforcement by the courts of this state, without prior consent is guilty of a Class 1 misdemeanor. Any subsequent violation of this section is a Class 6 felony.

Expert:  FamilyAnswer replied 1 year ago.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!