Legal Question in Family Law in Massachusetts
Can I get arrested for kidnapping my own child?
I've raised my daughter for 14 years and I just gave her father a paper giving him temporary custody until I get established in NC an now she dosen't want to stay with him because of physical an verbal abuse, neglect leaving her in the home while he goes out of town to get drunk and comes back to beat on her, he denies all of it he says he beat her for getting involved with some girls at school who now have charges against them for fighting, my daughter was only a spectator but my question is I made arrangements for her to come down here on a plane this morning and he agreed to me he'll bring her to the airport but today held her against her will so i told her to leave as soon as she gets a chance which she did, mind you her father dosn't have any court papers of custody I just told him he could keep her until school is done but now it's unsafe for her to stay there so now she's with me can I get in trouble for helping my daughter? I did call Boston police to go do a well check visit and he moved her so they wouldn't question her and now I don't know what he can do I need to know if he has any attourity to press charges on me? And if she does have to appear in court for affray can i just bring her up there?
2 Answers from Attorneys
Re: Can I get arrested for kidnapping my own child?
Retain a Massachusetts attorney to file a Complaint for Modification of the custody order seeking permission to remove your daughter from Massachusetts. And be prepared to rebut potential allegations that you left her in an unsafe environment. Good Luck!
Re: Can I get arrested for kidnapping my own child?
This is a voluntary custody change. Thus, he is arguably kidnapping.
Notwithstanding that, there are probably juvenile court orders regarding the child if she has been to Court there already.
It seems to me you should get up here and get into the Probate and Family Court to straighten the mess out.
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