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is this kidnapping???

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What is the name of your state? WA
There is no custody order and me and the father were never married. He took one of our daughters out of state (Oregon) for a visit and now refuses to come back to our home state. He now also refuses phone contact with her. He is the father but paternity has never been documented. Is this kidnapping?? And if I go and get her would that be kidnapping??


If there is no court order stating what the parenting time/custody is, than no. It's not kidnapping. Either of you could take off with the child and the only thing the other parent could do was go get an atty and file for some kind of court order regarding custody.

Your best bet would be to go get an atty. Don't try to retrieve the child yourself. You could cause more damage. Go about everything legally.

Whyte Noise

Senior Member
You said that paternity has never been 'documented'. What do you mean by that? Did he ever have a DNA test done? Or sign a paternity affidavit? Or is on the child's birth certificate as her father? There are 2 possible answers to your questions, either yes he did, or no he didn't. Depends on what the answers to the questions I asked are. Please clarify what you mean by 'documented'.


If a child is taken across state lines, yes it is kidnaping. You are the primary parent, until he is awarded visitation he is at fault.

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