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Is this kidnapping? Can I be charged?

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  • Is this kidnapping? Can I be charged?

    I don't know what to do, this is such a confusing situation and I need help. See, my daughter is seven years old and has been living with her father since she was three. There was no custody agreement, but I was in a financial place where I was unable to care for her and he has a steady job. Anyway, when we split and I took the baby, he was drinking and had a complete breakdown, ending up in the psych ward for a week. When he was getting treatment (and since) he met up with his long-term girlfriend and was doing great for four years. I had to admit that I was unable to financially care for my daughter, and she has been living with him during this time. Now, he is drinking again and his girlfriend is planning on leaving him. It looks like the cycle is starting again, and I am afraid that soon he will begin to break down again, but this time, my daughter is with him. I am finally in a stable place where I am able to care for her, but he won't let me take her. I want her out of there before any of this happens, and without her having to see him that way. I fear she's in danger, but I don't want to go to jail for "kidnapping" her. What do I do??

    oh, and p.s.- He now owns a .45 Glock... I'm terrified he'll use it...

  • #2
    Re: Is this kidnapping? Can I be charged?

    Were you and the father married?

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    • #3
      Originally posted by goddessoflubboc View Post
      Were you and the father married?
      No, we were never married, but he is on her birth certificate.

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      • #4
        Re: Is this kidnapping? Can I be charged?

        You need to appear in court and file for custody.
        Due to a recent promotion, I should now be referred to as Major Obvious.

        I would not be trying to provide information and knowledge if I did not sympathize.

        Some days it is just not worth chewing through the restraints to face life.

        Comment


        • #5
          Re: Is this kidnapping? Can I be charged?

          Since your child has lived with him for so long you are going to need to file in family court. You are going to have to show what has changed (such as dad drinking in such a way as it endangers the child) for the court to move her.

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