Is this kidnapping or some other charge?

[am48823]

What is the name of your state? Colorado

I am asking this on the behalf of a friend of a friend. So I might not know all the details. Here is a "quick" summary of the facts. We'll call the guy "L" and the woman "B" to make it quicker.

L and B had been living together in Colorado.
L and B might be common law married (unsure) and planned to get married later in the year.
B has 5 children.
One of those children is L's while the others are by various men.
L has served as a father to all the children.
On Friday, L came home from work to find everything gone.
All that was left in the house was some of his clothes.
The van (in both their names), credit cards (also mutual), furniture, and most of L's personal effects were taken.
L finds out that B had taken everything to Florida.
This includes the children one of which is his biologically.
B refuses to let L see his daughter and claims she will report him as a deadbeat if he tries to gain any visitation.
Apparently B had planned to do all this for weeks given lies that are now surfacing showing her family had helped and she had gotten letters in advance from the other fathers letting her cross state lines.

So I am wondering what could be done. Is this kidnapping (as I was told it was not)? Does anything else jump out as possible charges or claims? Any help would be appreciated. Thanks.

 

[rmet4nzkx]

It sounds as if there could be a claim of common law marriage as the requirement inColorado: a common-law marriage may be established by proving cohabitation and a reputation of being married.

Was paternity established for his child?

Did he report them missing to the police and his child kidnapped? DId he report items stolen that were his property? THe police and DA office can determine if there is a kidnapping.

Has he gone to court to establish emergency custody orders for his child if there are not already any court orders, this will prevent her from filing in FL after she established residence there.

I would suggest consulting an attorney.

He can cancel or freeze any mutual accounts and or her accss if she is only an authorized used. Open accounts in his name only.

 

[LdiJ]

What is the name of your state? Colorado

I am asking this on the behalf of a friend of a friend. So I might not know all the details. Here is a "quick" summary of the facts. We'll call the guy "L" and the woman "B" to make it quicker.

L and B had been living together in Colorado.
L and B might be common law married (unsure) and planned to get married later in the year.
B has 5 children.
One of those children is L's while the others are by various men.
L has served as a father to all the children.
On Friday, L came home from work to find everything gone.
All that was left in the house was some of his clothes.
The van (in both their names), credit cards (also mutual), furniture, and most of L's personal effects were taken.
L finds out that B had taken everything to Florida.
This includes the children one of which is his biologically.
B refuses to let L see his daughter and claims she will report him as a deadbeat if he tries to gain any visitation.
Apparently B had planned to do all this for weeks given lies that are now surfacing showing her family had helped and she had gotten letters in advance from the other fathers letting her cross state lines.

So I am wondering what could be done. Is this kidnapping (as I was told it was not)? Does anything else jump out as possible charges or claims? Any help would be appreciated. Thanks.

Its not kidnapping. She is the child's mother and absent a court order preventing her from moving with the child she had every right to do so.

However, dad also has every right to file to establish paternity (if not already done) and for custody/visitation to be decided. Dad also has the right to make an emergency motion asking that the judge order her to return the child to CO. Dad needs to get himself an attorney and get moving.

If she took anything that he can prove was solely his personal property then there are possible theft charges.

I don't think that they were common law married. One of the elements of a common law marriage is that the couple has to hold themselves out to be married. Since they were planning a marriage...clearly they weren't holding themselves out as already married.

However, if someone plans a secret move like this....even going to the extent of getting permission from the other fathers...then there is at least a chance that there is something more going on here than there appears. One would think that one of the other fathers would have also objected to the move and "snitched" on mom before she left. Since no one did.....this may not be as simple as it seems.

 

[stealth2]

I have to agree that there is likely much more to this story.

 

[am48823]

Was paternity established for his child?

not to my knowledge

Did he report them missing to the police and his child kidnapped? DId he report items stolen that were his property?

He tried to file a missing persons report and was denied. Even though a lot of his personal stuff was stolen such as fishing gear (which is needed for his work), they said it was all a civil matter which to me made little sense.

Has he gone to court to establish emergency custody orders for his child if there are not already any court orders, this will prevent her from filing in FL after she established residence there.

He consulted a lawyer who does not seem to think going to court would be a good idea.

I don't think that they were common law married. One of the elements of a common law marriage is that the couple has to hold themselves out to be married. Since they were planning a marriage...clearly they weren't holding themselves out as already married.

Excellent point, but would being common law married help or hurt here? From what I read about common law marriages, they have to be ended with divorce like a regular marriage. If that is the case, they'd still be married currently.

However, if someone plans a secret move like this....even going to the extent of getting permission from the other fathers...then there is at least a chance that there is something more going on here than there appears. One would think that one of the other fathers would have also objected to the move and "snitched" on mom before she left. Since no one did.....this may not be as simple as it seems.

While it seems odd that they'd agree, it makes more sense if you know the other fathers involved. One is in prison on cocaine charges (and thus doesn't really care where his kids are) and the other lives in Georgia. So he'd be ok with it as his daughter would be closer that way.

 

[rmet4nzkx]

It sounds like your friend needs another attorney, because he needs to at least address the paternity/custody/child support/visitation issue with "his child" even if actual paternity is questionable, opening up a case in colorado before mom has the children in FL for 6 months, establishes jurisdiction in CO. But really trying to answer these questions 3 hand is going to confuse more than anything else. Can you have your friend come and post here so he can answer the questions

Have him contact http://www.missingkids.com/ for assistance.