Legal Question in Family Law in Missouri

Is it considered kidnapping if one parent keeps child from another

I was told by my daughters mother to take my daughter and leave but now mom is wanting her back I filed for custody but have not gone to court yet meanwhile mom got a restraining order on me and the judge said she has temporary custody. My daughter is not safe with mom but I was told if I dont return her within 72 hours I will be charged with kidnapping. Is it considered kidnapping if this is my child. I am afraid to give my daughter to her mother because she does not take care of her, she sleeps all day and is on pills real bad. But if I dont return her I was told it is kidnapping so do you have any advise do I need to return my daughter and pray she will be safe or keep her with me? I have not been served with the restraining order yet but I know it is out there I am afraid once I am served I will have to give my baby back but I also dont want to jeapordize any chances for me to have custody so I am willing to comply with whatever I legally have to do.


Asked on 5/20/04, 10:33 am

1 Answer from Attorneys
Michael R. Nack Michael R. Nack, Attorney at Law

Re: Is it considered kidnapping if one parent keeps child from another

You might try going to the courthouse in the county where you reside and speaking with the clerks there about filing for a Child Protective Order. There is a statute which is somewhat similar to the Adult Abuse staatute which allows for immediate, ex parte Orders of custody and other relief for the protection of a child. There may be a problem if this is the same court or same clerk that your baby's momma got her restraining order against you but it might be worth a shot. By the way, if you were not married at the time the child was born, or if there hasn't been an Order of Paternity, then you may not be the legal father of the child and you would have no right to any order of custody, protection, or otherwise. Good luck.

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Answered on 5/20/04, 12:33 pm


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