Legal Question in Family Law in California
Am I a kidnapper?
I have been living with the father of my children since Jul 06. We have one son 6 and another child 4 mos. Recently he has been abusive (shoves me, busted my older childs lip) I want to leave area (out of state) w/kids and go to relatives home. He is noted as the father on Birth Cert of youngest child only. Restraining order wouldn't work. I fear for kids and self. I am at friends house now. MY QUESTION: Can I take them without fearing kidnapping charges against me?
Help!
2 Answers from Attorneys
Re: Am I a kidnapper?
You should get a court order before taking them from the State or continuing to hide them from him. You have a defense of self defense and defense of the children, however, it would go better for you and make you look more credible if you bring the action. Also, you should contact CPS about hitting the child causing injury. Good Luck, Pat McCrary
Re: Am I a kidnapper?
You could file a domestic violence restraining order and a custody order allowing you to move out of state. The fact that he has abused you and your child should increase the probability of success.
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