That is NOT kidnapping. Unless this child is NOT her child and ONLY yours from another relationship.
What is the name of your state (only U.S. law)? NH
My wife took my 2 year old child without telling me she was leaving, she won't tell me where she is, and she won't tell me when she's coming back. It's been about 48 hours since she left. She won't answer phone calls but she did email me once (24 hours after kidnapping) saying they are safe and "will return".
Really? Are you a psychiatrist who is qualified to make such a diagnosis? Is she receiving mental health treatment which leads HER psychiatrist to believe that she is mentally broken down? Maybe she is fed up with you. Maybe she just needs a vacation. Maybe she just wanted to see her parents and you had to work. That doesn't mean she is unstable.
I'm assuming she took her to Fl with her parents but I have no clue. I've replied multiple times asking her politely where my daughter is and that I don't feel she's mentally safe with our daughter and I need to know where she is. She's never since I've known her took off without telling me where she's going and when she's coming home so she has to be mentally broken down and unstable to do such a thing.
We are still married and there are no legal issues going on. we haven't filed for divorce or even talked about seriously getting a divorce (this incident may change that).
She has NOT committed a crime. Hence there would be no criminal ramifications.
I work from home so I've raised our daughter her whole life and it's killing me not knowing where she is. I'm doing my best not to file a report as I still love my wife and want the marriage to work and realize she's just mentally had enough and needs a vacation, plus I don't want to give her any criminal ramifications (yet) if we do stay together.
Filing a ridiculous police report is not going to help. But since you go immediately to kidnapping it almost becomes understandable why your wife left. You wouldn't get full custody most likely. Why? Because states do not normally award full custody -- the majority is joint custody. And if you were working how were you the child's primary caregiver?
I'm almost positive if we do get divorced she will take my daughter and go live in Fl. with her parents. If we did get a divorce, I would fight my hardest to get full custody or at least prevent her from moving out of state. As a father I'm sure that's highly unlikely to happen but I need every chance I get to make that happen.
How do you KNOW she had a mental breakdown? That is a great leap with no evidence.
any advice? should I simply wait this out or call the police and have it at least documented that she had a mental breakdown
She does NOT need your permission.
and fled most likely to another state with my daughter without my permission and she won't answer my requests to know where my daughter is?
Oh really? there are no legal actions to be had against her based on what you have said. She is the child's mother and has equal rights to take a solo vacation with her child. Without your permission. The fact that you assume she needs your permission is ludicrous. She has also contacted you.
I don't need the police to go looking for her as she just needs "time away" to clear her head, but I'm furious she would do such a thing and I'm doing everything possible to hold my anger back from giving any legal actions against her.
would filing something help in a divorce at all with child custody? Shouldn't I be doing everything possible to get my daughter back to prove that she means the world to me? There's a fine line of showing that type of love and giving enough respect to your wife knowing she just needs time off and will eventually return (could be a day, could be weeks, who knows though)
Really? There is a fine line between that type of love and being overly controlling bordering on psychotic. If you are always this overbearing no wonder she left.
Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.
Attorney-GAL in Ohio.
I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.