My four-year-old daughter and I recently moved to California from Virginia without the permission of my ex. We have been separated for a long time, but we had only been in California for about two months before he convinced me to send her back for a visit. She was supposed to stay with him until December so they could spend the holidays together, but I received a call from someone I trust (his roommate) saying that she isn't being taken care of. He is leaving her unattended all day while he sleeps, the house is disgusting, he's leaving her with strange men, and she is asking to come home, but is too scared to ask me. He has her afraid to tell me the truth. He coaches her in everything she says. I want to go get her from Virginia but he is threatening to file kidnapping charges against me if I go take her from him. What can I do to get her back and keep him from filing kidnapping charges?
-
Welcome to our legal community! Click here or the create new topic button to ask a question and receive answers and comments from our friendly and helpful legal community.
Articles that answer frequent legal questions are in our Law Guide. Important legal news is reported in The Law JournalYou can find a lawyer near you in the Lawyer Directory. If you know that you need to hire an attorney, you can submit a case review from a lawyer.
Taking child out of state with no custody arrangements
- Thread Starter heatherk
- Start date
- Status
mightymoose
Moderator
He wouldn't get anywhere with his kidnapping threat. Don't be afraid of that. You goofed when you sent her back to him.
Your best solution is to obtain a custody order, but if you can manage to get her back to California you can put that burden on him. When December comes he has no obligation whatsoever to send her back to you... not without a court order. Play nice, be convincing, offer to pay for everything to get her back.
If he refuses to cooperate you will need help from the court.
Your best solution is to obtain a custody order, but if you can manage to get her back to California you can put that burden on him. When December comes he has no obligation whatsoever to send her back to you... not without a court order. Play nice, be convincing, offer to pay for everything to get her back.
If he refuses to cooperate you will need help from the court.
army judge
Super Moderator
You should immediately report this to the authorities in Virginia. I'd want to rescue this child. She's probably being used for sexual perversions by deviates and child molesters. Get her help immediately. To do NOTHING with what you claim to know could make you legally culpable.
Sent from my iPad3 using Tapatalk HD
Sent from my iPad3 using Tapatalk HD
Proserpina
Moderator
uh...AJ? You're kind of out there with that response.
The OP has said nothing of the sort to indicate that kind of wrongdoing.
Scaremongering doesn't help anyone.
The OP has said nothing of the sort to indicate that kind of wrongdoing.
Scaremongering doesn't help anyone.
army judge
Super Moderator
If that was my child, I'd be very, very concerned for her well being. Strange men, odd place to leave a female child in my view.
Proserpina
Moderator
Strange men = strange to Mom. Not strange to Dad, obviously.
Sorry, but I think that tangent is completely misdirected.
For all Mom knows, these could be men from her ex's childhood who he's known forever. And yes, female children are allowed to be left with male sitters. Just as male children can be left with female sitters. I doubt anyone would even blink an eye if Mom's brother or cousin was looking after the child.
What I actually see here is a Mom who is nervous about leaving the child with someone other than herself; while that's a natural feeling, it does not justify emergency action.
Specially when in the original post it states that Dad is leaving the child unattended "all day", while simultaneously leaving the child with "strange men".
It can't be both.
Sorry, but I think that tangent is completely misdirected.
For all Mom knows, these could be men from her ex's childhood who he's known forever. And yes, female children are allowed to be left with male sitters. Just as male children can be left with female sitters. I doubt anyone would even blink an eye if Mom's brother or cousin was looking after the child.
What I actually see here is a Mom who is nervous about leaving the child with someone other than herself; while that's a natural feeling, it does not justify emergency action.
Specially when in the original post it states that Dad is leaving the child unattended "all day", while simultaneously leaving the child with "strange men".
It can't be both.
- Status
Share this page
