Legal Question in Family Law in Pennsylvania
fiances ex took son and enrolled in new school without consent.
my fiance and his ex had a son but were never married. they havent been together in 5 years, but she has threatened to take the son and ''we'll never see him again'' repetedly. there is no custody agreement. this has been going on for a couple years but she never went through with it until recently she hasnt returned him to us and has now enrolled him in a new school without our consent. can we file kidnapping charges?
2 Answers from Attorneys
Re: fiances ex took son and enrolled in new school without consent.
No. If she has always threaten to take the children why haven't you filed for a custody order. Even if Mom gets Primary Custody Dad will probably get shared legal custody and partial custody. The order establishes each parties custody rights without it you can't do much when the other side does something you think not in the best interest of the children.
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{John}
Re: fiances ex took son and enrolled in new school without consent.
Your fiance would want to file for custody immediately. Any records he has as to the time that he spent with his son will be a great help. While there aren't really grounds for kidnapping charge, he would want to have a couple arguments based on estoppel presented.
Let me know if I can be of any assistance.
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