Legal Question in Family Law in New York
Kidnapping?
My girlfriend and I was living together for a year in New york City and in 1998 we had a child, we stayed together for a few more months after the birth of our child, then she moved out with our child to live with her mother only 1.5 mile away. We agree that I could visit on the weekends to see our child, but after 4 months of moving to her mother�s house my girlfriend left the state with my child and I�ve never heard from them. We never went to court to establish custody over the child. In October 2006, I received a package, inside the package was summons for me to appear in court for child support, withing this package I found out that my ex and my child lives in Florida. So after 17 yrs I finally know where my child lives.
My question is this:
Can I get my ex-girlfriend arrested for kidnapping? Or any related charges?
1 Answer from Attorneys
Re: Kidnapping?
NO. The mother of an out of wedlock child as the "natural" custodial parent, cannot be charged with "kidnapping, her child, absent her violation of an existing Court Order, awarding custody to another.
However, you should probably insist upon the application of Florida Law, (rather than NY's), re the pending child support action, if the child and mother live in Florida.
Most State (other than NY) end child support obligations of the non custodial parent, when the child is age 18. Where NY ends the obligation at age 21.
Good luck,
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