Is It Kidnapping?

[sugarplum_lana]

What is the name of your state? CO

Okay so my (now) 15 year old daughter went to Alaska to visit her dad for 2 weeks... that was in July of 2006... since then dad has refused to send her back home again. We have joint custody with primary physical custody being with me. I have begged them to send her home but they have refused on grounds that she is doing well in school where she is. I just found out though that my daughter isnt even living with dad any more as dad was abusing the gf and the state troopers there have told him to stay away from our daughter. Gf's son and buddy beat the heck out of the ex for beating up the Gf and are both facing felony assault charges... my daughter is living with people i dont know and although everyone says she is safe and doing well I want her home with me... sooooooooooo
if i hop a plane and go get her and bring her home with me is it considered kidnapping?

Ya know i was just thinking... my 19 year old is the only one of my kids im NOT having issues with... is it okay if i take a tiny bit of credit for bringing up at least one hardworking, responsible, well-mannered, easy-going, NICE kid?

 

[HomeGuru]

What is the name of your state? CO

Okay so my (now) 15 year old daughter went to Alaska to visit her dad for 2 weeks... that was in July of 2006... since then dad has refused to send her back home again. We have joint custody with primary physical custody being with me. I have begged them to send her home but they have refused on grounds that she is doing well in school where she is. I just found out though that my daughter isnt even living with dad any more as dad was abusing the gf and the state troopers there have told him to stay away from our daughter. Gf's son and buddy beat the heck out of the ex for beating up the Gf and are both facing felony assault charges... my daughter is living with people i dont know and although everyone says she is safe and doing well I want her home with me... sooooooooooo
if i hop a plane and go get her and bring her home with me is it considered kidnapping?

**A: and you allowed her to stay in Alaska all this time after the 2 week visit was over?

 

[Just Blue]

What is the name of your state? CO

Okay so my (now) 15 year old daughter went to Alaska to visit her dad for 2 weeks... that was in July of 2006... since then dad has refused to send her back home again. We have joint custody with primary physical custody being with me. I have begged them to send her home but they have refused on grounds that she is doing well in school where she is. I just found out though that my daughter isnt even living with dad any more as dad was abusing the gf and the state troopers there have told him to stay away from our daughter. Gf's son and buddy beat the heck out of the ex for beating up the Gf and are both facing felony assault charges... my daughter is living with people i dont know and although everyone says she is safe and doing well I want her home with me... sooooooooooo
if i hop a plane and go get her and bring her home with me is it considered kidnapping?

Get on a plane, go to Alaska and get your child...Which is what you should have done when she wasn't sent home in July of '06...

 

[sugarplum_lana]

**A: and you allowed her to stay in Alsaka all this time after the 2 week visit was over?

trust me if i could have afforded to go and get her or send for her i would have. i DID however call the state of alaska dhs and ask them to get her out of there.. i was told that they wouldnt send her out of state... and of the many many times i have called since they will only tell me they can not "divulge the results of any investigation that may have been conducted"
so i have no idea if shes in foster care or what and all the Troopers can tell me is that she is safe

 

[sugarplum_lana]

Get on a plane, go to Alaska and get your child...Which is what you should have done when she wasn't sent home in July of '06...

no money.. at the time... 9 weeks and i will have the money to do exactly that but the ex has threatened to have me arrested for kidnapping if i try to take her out of Alaska.

 

[ezmarelda]

no money.. at the time... 9 weeks and i will have the money to do exactly that but the ex has threatened to have me arrested for kidnapping if i try to take her out of Alaska.

Do you have a copy of the Court Order showing that You have Physical Custody of your daughter?

 

[majomom1]

no money.. at the time... 9 weeks and i will have the money to do exactly that but the ex has threatened to have me arrested for kidnapping if i try to take her out of Alaska.

Is your court order still current? If yes, take a certified copy of it with you. He cannot charge you with kidnapping if you have physical custody per the court order. AND since they won't give her to dad, there still should not be an issue with you taking her out of Alaska.

 

[sugarplum_lana]

Do you have a copy of the Court Order showing that You have Physical Custody of your daughter?

Yeppers absolutely and SEVERAL... i keep copies of everything in several places nowdays due to losing some important information once due to my storage unit being damaged by flooding... at least i got a brain cell working in the right direction there.

 

[BL]

Get on a plane, go to Alaska and get your child...Which is what you should have done when she wasn't sent home in July of '06...

With the help of the law , if need be .


In Most States, It's A Crime To Take A Child From His Or Her Parent With
The Intent To Interfere With That Parent's Physical Custody Of The Child
(Even If The Taker Also Has Custody Rights). This Crime Commonly Is
Referred To As "Custodial Interference." In Most States, The Parent
Deprived Of Custody May Sue The Taker For Damages, As Well As Getting Help
From The Police To Have The Child Returned.

If A Parent Without Physical Custody (Who May Or May Not Have Visitation
Rights) Removes A Child From--Or Refuses To Return A Child To--The Parent
With Physical Custody, It Is Considered Kidnapping Or Child Concealment In
Addition To Being Custodial Interference. Federal And State Laws Have Been
Passed To Prosecute And Punish Parents Guilty Of This Type Of Kidnapping,
Which Is A Felony In Over 40 States. In Many States, Interfering With A
Parent's Custody Is A Felony If The Child Is Taken Out-Of-State. Many
States, However, Recognize Good-Cause Defenses, Such As Where The Taker
Acted To Prevent Imminent Bodily Harm To Self Or To The Child. In Addition,
Some States Let A Parent Take A Child Out-Of-State If The Parent Is
Requesting Custody In Court And Has Notified The Court Or Police Of The
Child's Location.

 

[sugarplum_lana]

Is your court order still current? If yes, take a certified copy of it with you. He cannot charge you with kidnapping if you have physical custody per the court order. AND since they won't give her to dad, there still should not be an issue with you taking her out of Alaska.

As far as i know it is as i have never received anything stating otherwise... is there anything i can do from Colorado over the next nine weeks until i can afford plane tickets for us that will ensure that theres nothing the ex or Gf can do to stop me from coming to get her?

 

[ezmarelda]

Is your court order still current? If yes, take a certified copy of it with you. He cannot charge you with kidnapping if you have physical custody per the court order. AND since they won't give her to dad, there still should not be an issue with you taking her out of Alaska.

Dito...majomom1 beat me to the punch...I went to get more coffee

 

[majomom1]

With the help of the law , if need be .


In Most States, It's A Crime To Take A Child From His Or Her Parent With
The Intent To Interfere With That Parent's Physical Custody Of The Child
(Even If The Taker Also Has Custody Rights). This Crime Commonly Is
Referred To As "Custodial Interference." In Most States, The Parent
Deprived Of Custody May Sue The Taker For Damages, As Well As Getting Help
From The Police To Have The Child Returned.

If A Parent Without Physical Custody (Who May Or May Not Have Visitation
Rights) Removes A Child From--Or Refuses To Return A Child To--The Parent
With Physical Custody, It Is Considered Kidnapping Or Child Concealment In
Addition To Being Custodial Interference. Federal And State Laws Have Been
Passed To Prosecute And Punish Parents Guilty Of This Type Of Kidnapping,
Which Is A Felony In Over 40 States. In Many States, Interfering With A
Parent's Custody Is A Felony If The Child Is Taken Out-Of-State. Many
States, However, Recognize Good-Cause Defenses, Such As Where The Taker
Acted To Prevent Imminent Bodily Harm To Self Or To The Child. In Addition,
Some States Let A Parent Take A Child Out-Of-State If The Parent Is
Requesting Custody In Court And Has Notified The Court Or Police Of The
Child's Location.

Hey Blonde... where did you get this information?

 

[sugarplum_lana]

Dito...majomom1 beat me to the punch...I went to get more coffee

oooo yeah coffee.. me too please.. tyvm

 

[Just Blue]

As far as i know it is as i have never received anything stating otherwise... is there anything i can do from Colorado over the next nine weeks until i can afford plane tickets for us that will ensure that theres nothing the ex or Gf can do to stop me from coming to get her?

Did you ever file contempt with the court for his violation of the custody order?

 

[majomom1]

As far as i know it is as i have never received anything stating otherwise... is there anything i can do from Colorado over the next nine weeks until i can afford plane tickets for us that will ensure that theres nothing the ex or Gf can do to stop me from coming to get her?

The troopers cannot keep dad away for long, without a court order. You may not have 9 weeks...