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  1. #1
    USMCDad1970 is offline Junior Member
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    Question What Constitutes Parental Kidnapping?

    I have a question regarding California state rules regarding the possibility of parental kidnapping charges being filed.
    My friend has never been married to the other parent, has no court ordered custody or visitation decree but wants to move to Washington state for a new relationship and employment.
    The father is a convicted sex offender of the child and a felon, but I don't know if this has any actual bearing on what the state would take into consideration. My friend is under the impression that she doesn't need to notify the father of the impending move and plans to file for custody once she gains residency in Washington state.
    In the meantime, can the father bring parental kidnapping charges against the mother and be granted emergency custody or sole custody of the child?
  2. #2
    Proserpina is offline Senior Member
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    Quote Originally Posted by USMCDad1970 View Post
    I have a question regarding California state rules regarding the possibility of parental kidnapping charges being filed.
    My friend has never been married to the other parent, has no court ordered custody or visitation decree but wants to move to Washington state for a new relationship and employment.
    The father is a convicted sex offender of the child and a felon, but I don't know if this has any actual bearing on what the state would take into consideration. My friend is under the impression that she doesn't need to notify the father of the impending move and plans to file for custody once she gains residency in Washington state.
    In the meantime, can the father bring parental kidnapping charges against the mother and be granted emergency custody or sole custody of the child?


    Please have your friend sign up.

    Thanks!
  3. #3
    LdiJ is offline Senior Member
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    Quote Originally Posted by USMCDad1970 View Post
    I have a question regarding California state rules regarding the possibility of parental kidnapping charges being filed.
    My friend has never been married to the other parent, has no court ordered custody or visitation decree but wants to move to Washington state for a new relationship and employment.
    The father is a convicted sex offender of the child and a felon, but I don't know if this has any actual bearing on what the state would take into consideration. My friend is under the impression that she doesn't need to notify the father of the impending move and plans to file for custody once she gains residency in Washington state.
    In the meantime, can the father bring parental kidnapping charges against the mother and be granted emergency custody or sole custody of the child?
    I am going to go ahead and partially answer this.

    It would not be parental kidnapping because mom is the sole custodial parent by default.

    If I understood you correctly dad has actually been convicted of sex offenses against the child in question? If that is truly the case, then no, dad would have no hope of any custody of the child.

    However, dad could certainly file in court to try to force mom to return with the child to the jurisdiction, even if it ends up being temporary.

    However, that is very general based on a very general scenario. Mom knows a whole lot more than you do about the situation and would be better off asking her questions herself.
  4. #4
    Blue Meanie is offline Senior Member
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    Quote Originally Posted by USMCDad1970 View Post
    I have a question regarding California state rules regarding the possibility of parental kidnapping charges being filed.
    My friend has never been married to the other parent, has no court ordered custody or visitation decree but wants to move to Washington state for a new relationship and employment.
    The father is a convicted sex offender of the child and a felon, but I don't know if this has any actual bearing on what the state would take into consideration. My friend is under the impression that she doesn't need to notify the father of the impending move and plans to file for custody once she gains residency in Washington state.
    In the meantime, can the father bring parental kidnapping charges against the mother and be granted emergency custody or sole custody of the child?
    Please clarify your post.
  5. #5
    stealth2 is offline Senior Member
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    What sort of involvement has your friend allowed Dad up to now?

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