Yes, that is illegal. That is, if he is the father named on the birth certificates. If so, then he needs to contact 1 800 THE LOST. That is the number for the National Center for Missing and Exploited Children. He also needs to file a police report.
If there were no court papers regarding custody, he will also have to file for that. If she is in contact with her family, they will get in contact with her, I'm sure and she will show up for court. Especially when they advise her that if she doesn't, she will be charged with Parental Kidnapping, which is a FEDERAL felony, with sentencing of up to 7 years.
Once she shows up or the kids are found, he will probably be granted sole custody, with her only getting supervised visits because she is a known flight risk.
If he is not on the birth certificates, he is pretty much on his own in finding her. He would probably have to hire a Private Investigator (they are cheaper than most people think and can usually find someone VERY quickly). THEN he will need to get DNA tests to prove he is the father BEFORE he can file for custody, etc. If after the tests prove he is the father, and the mother in all likelihood knew this when she took off, she may still be charged with kidnapping. At the very least, she will be seen as a known flight risk.
Good Luck. There are few things that boil my blood faster than one parent just taking off with the kids. Something that you will probably hear from the NCMEC is that parental kidnapping is almost NEVER about the kids. It is about control, power and manipulation of the other parent. It is also one of the most damaging forms of child abuse |