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  #1  
Old 02-08-2008, 04:42 PM
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Join Date: Apr 2003
Location: arkansas
Posts: 31

daughter needs advice


What is the name of your state? lousiana , my daughter is living with her boyfriend and they have a 4 month old baby together ,he is being verbally abusive to her and tells her she can pack her stuff and leave but she can not take the baby and of course she wont leave with out the baby. me and her father live about ten miles away but we live in arkansas and he tells her that if she takes the baby across the state line to our house he will get her for kidnapping and he will take the baby from her. i just want to find out if he can do that and what are her legal rights? please any advice would be helpful
  #2  
Old 02-08-2008, 04:45 PM
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Join Date: Aug 2007
Location: With Capt'n Hook
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Has the BF be established as the father legally? With child support, parenting time, etc? Is he even established as the father?
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  #3  
Old 02-08-2008, 10:56 PM
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Join Date: May 2004
Posts: 43,944
Quote:
Originally Posted by blossom41me View Post
What is the name of your state? lousiana , my daughter is living with her boyfriend and they have a 4 month old baby together ,he is being verbally abusive to her and tells her she can pack her stuff and leave but she can not take the baby and of course she wont leave with out the baby. me and her father live about ten miles away but we live in arkansas and he tells her that if she takes the baby across the state line to our house he will get her for kidnapping and he will take the baby from her. i just want to find out if he can do that and what are her legal rights? please any advice would be helpful
No, she absolutely, positively cannot be arrested for kidnapping for taking the baby across the state line. That threat is simply an attempt to intimidate her. He also cannot stop her from leaving with the baby. However, if she is going to leave, she should probably do so when he is not home, so as to prevent a possibly physical scene.

Get your daughter a consult with a local attorney so that she understands the real legalities of things.
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  #4  
Old 02-09-2008, 02:11 PM
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Join Date: Nov 2007
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Unsure about crossing state line


Have your daughter check with the police in her county to make sure she can cross state line.

Then, since he is being abusive and has threatened to take her child (which is what he has done), have her ask the police to come to the home while she packs up and leaves. That way, if the boyfriend shows up, the abuse will not turn physical nor put she nor the child at risk.
  #5  
Old 02-09-2008, 02:48 PM
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Location: Ohio
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Quote:
Originally Posted by amandarez View Post
Have your daughter check with the police in her county to make sure she can cross state line.

Then, since he is being abusive and has threatened to take her child (which is what he has done), have her ask the police to come to the home while she packs up and leaves. That way, if the boyfriend shows up, the abuse will not turn physical nor put she nor the child at risk.
Yes she can cross state lines with HER child. But the police will not come and help her pack. Police are NOT babysitters.
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Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines 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. The devil is in the details after all.

Licensed to practice law in Ohio and a Guardian Ad Litem for children
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