Legal Question in Family Law in Pennsylvania

I left my husband in the State of NY and moved to PA to get away from his heavily drug and ALCOHOL abuse having 2 small children 5 and 7 was afraid of what would become of our lives now I filed a custody complaint against him along with child/spousal support and he says if I don't stop the proceedings he will charge me with kidnapping, can he do that? if so what can i do to protect myself and my children against this charge please help thanks. Helia


Asked on 7/24/12, 11:40 am

2 Answers from Attorneys

SAUL SEGAN SAUL H SEGAN ATTY AT LAW

That is another possible criminal charge--obstruction of justice, witness tampering against him

Call your local DA's office, domestic violence unit and seek help or local chapter of Women Against Abuse....

No he cannot charge you with kidnapping for petitioning for custody and support....

Call me if you like

215-732-4000

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Answered on 7/24/12, 11:50 am
John Davidson Law Office of John A. Davidson

No he can't. The federal kidnapping statute doesn't apply to parents. It could be custodial interference but since he does not have a custody order it's not that either.

Next even if your soon to be ex went to law school ignore his legal pronouncements. More then likely the closest think he got to legal advice was some thing he heard at a bar.

If you haven't gotten a lawyer yet get one. Under PA law he may have to pay for it under APL. That should frost his shorts. You also may consider getting a protection from abuse order against him as well.

{John}

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Answered on 7/24/12, 11:53 am


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