Legal Question in Family Law in Maryland
Statutes of Limitation on Kidnapping
I'm now divorced,& have a question about something that happened before we divorced. I'm an Irish citizen. My ex & I lived in Ireland for a few yrs, had 2 kids there, moved to MD where we had our 3rd. After awhile living in MD, we decided to separate. One morning she said she was going out, & never came back. She took the kids to NY,& moved in with her parents. I tried to see them, but wasn't allowed to by her dad. After she was there for 6 months, she filled for divorce in NY. Not knowing about divorce, you couldn't divorce in Ireland, I went along w/all she wanted. I never filed kidnapping chrgs, given they were with their mom. She has full custody (legal& phys). She now wants more $,etc. I don't know what my rights are. Are there statutes of limitations on kidnapping? I wouldn't ever try to have her arrested, I believe the kids should be w/their mom, but I just want some sort of legal leg to stand on. She doesn't work, I paid for her college loans, & I give her enough $ that she bought a nice house, & doesn't have to work if she doesn't want to. I guess what I'm asking is, is there anything I can do w/o going to court? I just don't want to go through that again.
2 Answers from Attorneys
Re: Statutes of Limitation on Kidnapping
There is no basis for kidnapping charges. When your wife took the children to New York, she had a legal right to do so. Until there was a court order granting her custody, you and she had equal rights to custody. As for the divorce and everything which came with it, that would be a matter of New York law. In New York, as in Maryland, you have an absolute right to visitation with your children unless a court has found you to be totally unfit as a parent and has terminated your parents rights. You can file a claim for visitation, in the New York court which granted the divorce, without a lawyer if you can't afford one, but your results will be far better if you have a New York lawyer. You might want to address a lawguru question to New York to help you find someone who is competent and is located in the same part of the state as your children. There is no statute of limitations on your right to file for visitation, so long as the children have not reached the age of majority (adulthood). If you are currently giving money to her, if that is child support and based on a court order, she will have to show that your income has significantly increased before the court will order you to pay more. Child support in every state is based on a formula, based on the income or potential income (the income which a person who chooses not to work could earn if she were working).
Re: Statutes of Limitation on Kidnapping
You have a right to visitation and such an agreement should be reached.
You can agree to child support but not less than statute. The statute of limitations is irrelevant if
you are not going to pursue charges (which may not be beneficial to your case anyway). And, Ireland does have divorce but on
markedly different grounds than Maryland.
If you want to modify or amend any judgment that issued in New York, you will need to obtain a New York attorney as it would likely
be quite costly for a Maryland attorney to take the case. You may need representation in Maryland if you are going to work out these things without going
to court in New York.
Much of your answer lies in how cooperative your wife is going to be. It seems to me that you have gotten the short end of the stick especially in regard to her not granting visitation.