• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

is this kidnapping???

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

honeydew89

Junior Member
I live in Virginia and one of my friends recently had a child. This past weekend she let the baby's father keep him for the weekend and he is refusing to bring the child back. The father is not on the birth certificate or a paternity letter. I am wondering if it is considered kidnapping. The police in the town keep telling her that they can't do anything about it but if he has nothing stating he is the legal father how can he keep the child without proving through DNA first that he is actually the father. Should I have my friend try calling the state police and see if they can do anything about it?
 


Banned_Princess

Senior Member
I live in Virginia and one of my friends recently had a child. This past weekend she let the baby's father keep him for the weekend and he is refusing to bring the child back. The father is not on the birth certificate or a paternity letter. I am wondering if it is considered kidnapping. The police in the town keep telling her that they can't do anything about it but if he has nothing stating he is the legal father how can he keep the child without proving through DNA first that he is actually the father. Should I have my friend try calling the state police and see if they can do anything about it?
well she should try the state, if not then sue him right now.
 

CdwJava

Senior Member
I live in Virginia and one of my friends recently had a child. This past weekend she let the baby's father keep him for the weekend and he is refusing to bring the child back. The father is not on the birth certificate or a paternity letter. I am wondering if it is considered kidnapping. The police in the town keep telling her that they can't do anything about it but if he has nothing stating he is the legal father how can he keep the child without proving through DNA first that he is actually the father. Should I have my friend try calling the state police and see if they can do anything about it?
Is she denying he is the father? I suspect she admitted to the police that he is the father, and as such the police will consider that he has equal legal claim to the child.

What your friend can do is go to court and seek sole custody. Then, the dad might have to go to court to prove paternity before he can get granted any visitation or guardianship. In the end he will almost certainly get some.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top