Legal Question in Family Law in Florida
please help us!
The father is leaving and has threatened to take my child with him. He has 3 other children that he has abandoned with one that he still is married to and the other he doesnt talk to. He pays no child support to any or even talks to any of them. He has felonies on his record,no drivers license, u name it. If he does snatch her without my consent, can it be declared kidnapping?
2 Answers from Attorneys
Re: please help us!
Usually, those threats are just threats. What you might want to do, is find an attorney where you live to file appropriate motions with the court to protect your child.
Re: please help us!
If there is no custody or other paternity order and you've never been married, then it may be considered kidnapping. If there is a custody order, then, whether you were once married or not, it may be considered "interference with custody," which is very similar to kidnapping and is also a felony.
If you were once married and there is no custody order, or if paternity has been decided and there is no custody order, then he would not be committing a crime. He would, however, be violating Florida's relocation statute, which is a civil matter, not a crime.
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