Legal Question in Criminal Law in Michigan

Just over a year ago, my child called me while I was living in Alabama from Michigan complaining of verbal abuse and threats of physical abuse. He was almost 14 at the time. I went to Michigan and took him to Alabama. My ex-husband knew his exact whereabouts and that he was in safe hands. However, the police got involved and pressed charges for parental interference/ kidnapping. I am now going to court with that charge. I contacted the Friend of the Court with a letter stating where my son was and that I was taking custody due to abuse. I was never contacted by the courts! I am now back in MI and returned my son when he requested to go back with his Dad last Memorial Day. Is there any way they can really get a felony conviction out of this?

I was just arrested because I was under the assumption the charges had been dropped. I contacted the Friend of the Court at the time and Child Protective Services. There were many instances with all 3 of my children of abuse by my ex-husband. I was always poor and couldn not afford a lawyer. I was only concerned about my child's welfare in that situation. I did not do it any way shape or form to hurt my ex'husband. My son was afraid for his life...


Asked on 5/30/10, 3:43 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

You left out an important detail -- to whom did the court award custody of the children when you and your ex-husband divorced? Presumably it gave custody to your ex. If you wanted to take custody, the way to do so was by seeking a modification of that order. If there seemed to be an emergency, you should have called the police and/or protective services. Resorting to self-help was a bad idea.

That your ex knew where the child was does not mean there hadn't been a kidnapping. It just meant the case would be easy to solve. That you weren't harming the child is also beside the point, since it appears you have been charged only with kidnapping and not with battery.

The charges against you are serious and you appear to be guilty. So the answer to your question is yes, the authorities really can get a felony conviction in this case.

You need to get a lawyer ASAP. If you can't afford to hire one yourself, you will need to rely on a public defender. Either way, you should stop telling people what you did. After all, your statements can (and will) be used as evidence against you. Discuss your case only with your lawyer and any potential lawyers you may meet before you select one.

Good luck.

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Answered on 5/30/10, 6:52 pm


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