Legal Question in Criminal Law in Georgia

Kidnapping??

While babysitting our grandchildren for the weekend we decided to go to our other home in North Carolina to cut the grass. We were unable to contact our daughter at work to inform her. The next morning we called her at home to let her know where we were. She had no problem with what we had done. Now her live in boyfriend (who is the father of one of the children) says he is going to charge us with kidnapping. Does he have a case against us?


Asked on 5/28/04, 7:17 am

1 Answer from Attorneys
Jim Hough Thomas J. Hough, Jr., P.C.

Re: Kidnapping??

Her live in boyfriend has no rights by virtue of being the live in boyfriend and that is true even if he is the biological father of the child. If on the other hand there has been a paternity determination, he would have rights to the child.

A more important issue is where the children's mother stands on this issue. Does she support her live in boyfriend or you in the "kidnapping" dispute? This could be crucial.

That said the real ultimate issue is what factually took place and it does not appear from the facts that you had any criminal intent in taking your grandchildren with you and (I assume) back from North Carolina.

That does not mean he won't try to create problems for you. Ultimately, however, I would be very shocked if anyone would issue a warrant under the circumstances.

Jim Hough

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Answered on 5/28/04, 9:40 am


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