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Maverick, Lawyer
Category: Family Law
Satisfied Customers: 6419
Experience:  20 years of professional experience
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Eleven days ago my sons wife left with their nine month old

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Eleven days ago my son's wife left with their nine month old son after a verbal argument. She left when he was at work & did not tell him she was leaving & has not responded to email, text messages or voice messages. We did find out she took his son to Oregon which is where her sister lives. We have no idea if or when she will return. My son lives in North Carolina. Does this constitute kidnapping & what are his options legally?
Submitted: 6 years ago.
Category: Family Law
Expert:  Maverick replied 6 years ago.

Welcome to Just Answer! My name isXXXXX very much enjoy what I do and I hope that you will benefit from this information.


Parental kidnapping is defined as the taking, retention, or concealment of a child by a parent or by an agent of a parent or family member in derogation of the custodial or visitation rights of the other parent. Normally, parental kidnapping is a felony and is punishable by fines and imprisonment. Some states give the custodial parent a civil cause of action against the kidnapper as well.


In the case where there is no pending divorce or separation related custody order, the married parents both have full rights to take the children with them.


Your son may want to have a lawyer immediately file either a divorce or separation action in NC and request temporary emergency custody allowing him to take bring his child back to NC.



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Customer: replied 6 years ago.
Let me get this straight. Since there is no separation or divorce on file either parent my take the child wherever or whenever they may want without regard of the other parent.
Expert:  Maverick replied 6 years ago.


Here is a plan of action for you to follow at the link above.


When parents are married then they both have full and equal rights to the children. It is when there is a court order on custody that a claim for custodial interference or kidnapping arises.


I have not found any law to the contrary.



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