Legal Question in Disability Law in District of Columbia

I raised my son alone for the past seven years. When I had him for two years I took his mother to court for termination of support because she still was getting support but he lived with me. The Judge signed a order that said that I met my burden, that I had main custody and the mother had visitation. She has since kidnapped him. Can I use that order to file kidnapping charges in Washington DC with the police and get my son back, she reside in dc and has my son there?


Asked on 10/12/10, 10:04 am

1 Answer from Attorneys
Phillip M. Cook Cook Legal Services, LLC

If you have primary physical and legal custody of the child and the mother only has visitation and has not returned the child according to the visitation arrangement YOU CAN AND SHOULD CALL THE POLICE IMMEDIATELY. Your question leaves out where the original custody order was issued -- was it in DC? If the order was issued outside of DC, you should call the police in that jurisdiction AND DC. There are federal statutes in place that allow you to get your kids back if they have been kidnapped by a parent across state lines.

As always, I STRONGLY recommend that you consult with a local family law attorney in your area to discuss the specifics of your case and learn your options.

Best of luck.*****The above is for informational purposes only and does not create an attorney-client privilege.*******

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Answered on 10/17/10, 6:00 pm


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