Parent kidnapping?

[bsharden05]

Every time that my wife and I get into a fight, and I tell my wife that I'm going to take our daughter and leave, because I don't like the way she yells at our daughter or how she treats our daughter, she say that she's going to call the cops and charge me for kidnapping. Also, if I want to take my daughter to my parents, who live in a different state, she would call the cops for kidnapping also. I was just wondering if she could get me for kidnapping or not? Also, over a year ago, she was diagnosed with bi-polar by our family doctor, and she will not take her medicine. Is there anything I can do?

 

[army judge]

You can not be charged with kidnapping for taking your child anywhere at anytime.

You and your wife are married.

Your rights are the same as hers.

Her rights have no superiority to yours, and vice versa.

Absent a court order, you are free to do anything to your child; as long as you it doesn't endanger, harm, or hurt her.

Your wife can call the cops, but can not bring charges against you.

Only the DA can do that.

If your wife has mental issues, there is a great deal you can and should do.
That is, if she isn't taking her medication.
You can have her committed for an emergency observation.
She is the one that could harm your child, without her medication and medical care.
You could speak with a lawyer about this.
Or, you could speak with the local police if she is behaving in any manner that could cause harm to your child, you, or her.

 

[Duranie]

If you are still married and there is no court order, its not kidnapping. However. how long do you intend on staying with your parents? Your wife can file for divorce and ask for return of the child and custody. why dont you file for divorce or you and your wife needs to go to counselling and fifure out if you both want to save the marriage. you both are creating a very unhealthy environment for the child.

 

[Proserpina]

Just a quick note - it will be incredibly difficult to have Wife involuntarily committed unless she is an imminent danger to herself or others; merely not taking her meds isn't going to be enough.

 

[jharris352]

You can be charged with interfering with custody if you keep the child away from her.

 

[Proserpina]

You can be charged with interfering with custody if you keep the child away from her.

While this may be technically true it's unlikely to make much difference while the parents are still married; truthfully, without a custody and visitation order neither parent will, realistically, be held accountable for not allowing the other parent to visit before either of these things are decided.

 

[nitikasnv]

Agreed:

You can not be charged with kidnapping for taking your child anywhere at anytime.

You and your wife are married.

Your rights are the same as hers.

Her rights have no superiority to yours, and vice versa.

Absent a court order, you are free to do anything to your child; as long as you it doesn't endanger, harm, or hurt her.

Your wife can call the cops, but can not bring charges against you.

Only the DA can do that.

If your wife has mental issues, there is a great deal you can and should do.
That is, if she isn't taking her medication.
You can have her committed for an emergency observation.
She is the one that could harm your child, without her medication and medical care.
You could speak with a lawyer about this.
Or, you could speak with the local police if she is behaving in any manner that could cause harm to your child, you, or her.

Hi,

Yes i am agreed to your point.

Your are having equal rights as she has.

You can take her anywhere you want.

She can't blame you for anything what you have not done.

Thanks

 

[Cabaraoke]

You can be arrested for parental abduction, with the child returned to the mother. By the time you get it straighten out and you get released or bailed out, she'll have a restraining order on you. Also, she can claim you plan to kill, or have been molesting the child. In either event, your name and face is going to be on the news as an abductor.

You need to be keeping a daily journal, and record your conversations with her. There's no law against you recording your own conversations without the knowledge of the other party in Indiana.

You will need to transcribe the recordings into the journal, to be admissible as evidence. DON'T EDIT THEM. There's also ab application through Skype for recording cell phone calls.

 

[Proserpina]

OK Cab, I know you have your own agenda and while I fully support Father's Rights, you're way off base here. Please don't use scare tactics - it's not fair to the posters.

 

[Cabaraoke]

This is no scare tactic, as I've seen plenty of them in 21 years. An agenda is not needed to tell the truth. A father needs to think first about his own legal protection, or else he will find himself on the outside looking in. Hopefully, it doesn't happen, but far too frequently, it does. Get on Dads House and just as the fathers. The best example of this involves a Platte County (MO) Sheriff Deputy who was arrested after trying to get away from his abusive wife. Annette is a member of Dads House. The agenda is not mine, but those who back this type of behavior on the part of mothers. The role of this site is also to warn people of possible consequences of certain actions.

 

[Proserpina]

No. The role of this site is to provide current, accurate legal information.

It's not to promote your agenda, your site or anything else.

Believe it or not, you and I agree on many things - but seriously, you would be best advised to tone it down. You are NOT the only one here who has experience in a court room (and I'm not talking about laypeople such as myself - I'm talking about the actual attorneys and judges who also regularly post).

 

[Cabaraoke]

So he should not be told of the potential risks, which depending on how good the mother is as manipulating things, can include prison? In the national news last summer was a case involving a father who tried to leave with his children 13 years ago. The mother included an allegation of child sexual abuse. Ten years later, the children went to the governor of the state to get their father out of prison, as the courts refused to rehear the case. The Governor commuted the sentence, but the father still has to register as a sex offender.

That's pretty scary.