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Parental Kidnapping/Custodial Interference

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What is the name of your state (only U.S. law)? GA

Here is the background story: I have a court order in GA which states that we both share 50/50 split of my son where she has him between Tuesday@12pm picking him up from daycare - Friday @ 6pm where I meet her to pick him up. The order also states if she does not pick him up, each day that I have him during her time she owes for daycare between Wed-Fri. She has not picked him up at all in nearly 3 years for her schedule time nor has she paid back any of the daycare expenses. She barely picks him up on the weekends.

With that said I have since filed a contempt order for the daycare expenses she has failed to pay and will likely be filing a motion for modification of custody.

The problem now is that she picked my son up from school on Friday a week ago which is NOT her scheduled time and has not returned him and it has been a little over a week. I have tried contacting her by phone and her previous addresses are not occupied by her anymore. Her workplace claims she is no longer employed there. I informed her that if she did not return him I was calling the police which I did but they stated they could do nothing because legally we both had custody.

My question here is at what point does this becoming at a minimum of custodial interference? The GA code Title 16, Section 16-5-45 is kind of vague on when this rule applies. Part C of this code states:

(C) Intentionally and willfully retains possession within this state of the child or committed person upon the expiration of a lawful period of visitation with the child or committed person.

Apparently this statute does not apply in my case as the police stated they could do nothing and to just obtain the police report and take it to court. If she decides to leave the state or avoid me for the next two months or however long and I have no idea where she is when does this become a crime that the police or the D.A. will investigate?
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? GA

Here is the background story: I have a court order in GA which states that we both share 50/50 split of my son where she has him between Tuesday@12pm picking him up from daycare - Friday @ 6pm where I meet her to pick him up. The order also states if she does not pick him up, each day that I have him during her time she owes for daycare between Wed-Fri. She has not picked him up at all in nearly 3 years for her schedule time nor has she paid back any of the daycare expenses. She barely picks him up on the weekends.

With that said I have since filed a contempt order for the daycare expenses she has failed to pay and will likely be filing a motion for modification of custody.

The problem now is that she picked my son up from school on Friday a week ago which is NOT her scheduled time and has not returned him and it has been a little over a week. I have tried contacting her by phone and her previous addresses are not occupied by her anymore. Her workplace claims she is no longer employed there. I informed her that if she did not return him I was calling the police which I did but they stated they could do nothing because legally we both had custody.

My question here is at what point does this becoming at a minimum of custodial interference? The GA code Title 16, Section 16-5-45 is kind of vague on when this rule applies. Part C of this code states:

(C) Intentionally and willfully retains possession within this state of the child or committed person upon the expiration of a lawful period of visitation with the child or committed person.

Apparently this statute does not apply in my case as the police stated they could do nothing and to just obtain the police report and take it to court. If she decides to leave the state or avoid me for the next two months or however long and I have no idea where she is when does this become a crime that the police or the D.A. will investigate?
The police are usually quite reluctant to get involved in something like this. However, clearly she has committed custodial interference and you need to take action. I would try to get emergency orders from the judge, including a pickup order that requires the police to treat the matter as custodial interference and to assist you in locating and retrieving the child.
 
well my plan was to go to the D.A of my county where he was taken or the county where the order was made and see what it takes to get them to investigate this under the custodial interference law. Clearly there has to be a point when this goes beyond just being a civil matter.
 

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