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JENN, Paralegal
Category: Criminal Law
Satisfied Customers: 184
Experience:  I have a B.A Degree. in Business Management. I have 6 years as a Paralegal.
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A mother pressed criminal charges against a father for the ...

Customer Question

A mother pressed criminal charges against a father for the father taking his son from AL to NC in 2004. There were no court orders in either NC or AL at that time. Last order was from NC but not active. She did email and say she had dropped the charges in 2005 and then due to many argurments emailed again in 2007 and said she has put the charges on hold to "see how the father is going to act over the next few years"? Is this harassment or blackmail? Help -what can we do to stop these on-going control issues with the mother?
Submitted: 9 years ago.
Category: Criminal Law
Expert:  JENN replied 9 years ago.

It's harrassment, blackmail amongst the other reasons. What state are you in?

Customer: replied 9 years ago.
Reply to Jennifer's Post: We live in NC, the criminal charges are coming from AL. All we have for evidence is emails from the mother to prove the harassment and blackmail---will that work?
Customer: replied 9 years ago.
Can she hold out with the criminal charges for years and years or is there a Statute of Limitations? AL statute is 13A-6-45 I believe they labeled it as Interference of Child Custody..even though there were no legal custody papers in NC or AL.
Expert:  JENN replied 9 years ago.

Hi there,

It is the burden of proof that the District Attorney in that jurisdiction must decide to indict you or the person who is being accused.

Either way, you will need to establish paternity if you haven't already done so. Since there are no child custody documents, whomever is the primary guardian of the child, you will have to establish the visitation arrangements amongst yourselves, with an attorney or through the Court system.

I don't believe the mother is "actually holding the charges" because the criminal courts either charge you or dismiss you. I think she is not telling the truth. If that you don't know, call the county that she supposedly filed the criminal charge, and ask that County Clerk if there is such a pending criminal charge.

I hope that helps you! Thank you and have a great day!

Customer: replied 9 years ago.
Reply to Jennifer's Post: Custody was settled in dec 2004. The charges were first issued in 6-2004. The father contacted AL many times and they would never call him back as to whether the charge was still open. More less ignored him.

Now since she is angry with him--here the charges are again. He was arrested in 6-2004 in one county and now 3-2008 in another county for the same charge from the original 2004 date.