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My daughter needs to remove herself and her newborn infant

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My daughter needs to remove herself and her newborn infant from her home to a safe place overnight. She'd be going to her mother's home. The father is on a rant and threatning to call the police with kidnapping is she leaves the home with the infant. Does the father have the right to call the police and press charges for kidnapping?

Hello and thanks so much for choosing this forum to pose your important legal question. I will do my best to give you some honest and accurate guidance as I answer your question.


  1. I am a licensed attorney with family law experience, and I will be glad to try and answer your question. I hope that the following information will be helpful to you, but please just write back if you have any follow-up questions or need clarification on anything after reviewing the following information. I am sorry for the circumstances, and I hope that everything gets resolved appropriately for your daughter and her baby in this matter. I commend you for being concerned about the welfare of both of them.
  2. Based on what you have related here, I see zero serious grounds for a parental kidnapping charge. There is a federal law, the Parental Kidnapping Prevention Act, 28 U.S.C.§ 1738A, as well as a state law pertaining to custodial interference, O.G.C.A. § 16-5-45. However, leaving the home for a safe place overnight raises no concern whatsoever about criminal culpability on the part of your daughter. She must put the safety of herself and her child first. Her husband's "rant" is just that, and frankly he sounds rather volatile.
  3. I would strongly suggest that your daughter call her local law enforcement, advise them she is afraid for her safety and that of her newborn infant, and request an officer to come to the home to supervise her peaceful departure without violence or interference from her husband. I would be glad to interact with you further on this topic even after you click "accept" to process my answer. I will be signing off for the night soon, but I will be sure to check back for any updated posts from you when I return to this online forum again tomorrow.


I hope that this information has been helpful to you. If we can be of any further assistance please free to use our service again. Best wishes for a successful outcome.


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The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Benjamin M. Burt, Jr., Esq. You should always consult with a lawyer in your state.

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