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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 89142
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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After dating a woman for 2 years, and being friends with her

Resolved Question:

After dating a woman for 2 years, and being friends with her for another 5, she didn't want me to see her daughter, who I helped raise from age of 9 to 15. In the summer of 2011, her daughter got permission to go out of state with a friends' family, without ever speaking to an adult about it, the mother just took her daughters word. I took the daughter, along with my nephew, to another state for 4 days.
Now that the daughter is 18, her mother is threatening to get me arrested for the act of taking her daughter out of state more than 2 years ago. What are my options? Or am I screwed here? I have been a paternal influence on this young woman, and never did anything untowards or against her will.
Thanks if you can help me....
T
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your situation.

Actually, the mother's threats here are empty. Allow me to explain:

1) Normally, an interference of custody charge is a serious matter in Montana, under Mont. Code Ann. § 45-5-634(1)(a) et seq.

2) However, no prosecutor is likely to press this matter for the flowing reasons.

3) The child is now eighteen. She is an adult.

4) The child was returned. The child was not "kept." There was no intention to take the child.

5) This happened in 2011. Over two years ago.

6) She never filed a complaint earlier. Now, her 'claims' would be very doubtful.

A prosecutor has to be able to convict 'beyond a reasonable doubt.' There is almost no way that a jury unanimously would vote to convict here. The prosecutor knows this, and is unlikely to ever press charges even if she files a criminal complaint. My guess is that this would simply be closed two days after she filed it. The police would never even forward this to the prosecutor for consideration.

In short, her claims are ludicrous. However, you may wish to mention that you would pursue defamation as an action against her if she attempts to file criminal charges and would seek legal costs and punitive damages. This may help her think twice before doing anything.

I highly, highly doubt you have anything to worry about. The child is now an adult. This happened 2 years ago. She was not even kidnapped. This is ancient history. No criminal matter should come of this. The authorities will see this for what it is - a jealous person falsely attempting to use the system as leverage. Heck, she may even be charged with filing a false police report.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 89142
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Ely
Ely
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