Legal Question in Criminal Law in Tennessee

Statute Of Limitations on Kidnapping

My sister had a girl born to her in Alabama.She had initial custody til her father came and removed the child from the state.He took the child to Tennessee but filed for emergency custody in Mississippi.My sister got her act together and went to the courts to fight for her daughter back because she learned the attorney the father used in Mississippi had came out of her jurisdiction and modified his child support obligation to her and she received a letter from the state bar stating she had never had a license to practice law in the state not even Pro Hac Vice. My sister tried twice to get Alabama to charge him with Interference with custody and they kept telling her it was a civil matter and it was nothing they could do. She started representing herself on the issues of jurisdiction under the UCCJa And PKPA.She filed a lawsuit against him, and complaints on the Judge in Alabama.All the while the father refused her contact for four years with the child.On her first visitation the child reported abuse on record in Tennessee.Before she could file custody back the father had Alabama charge her with Kidnapping.How can she be charged in Alabama if the custody order isn't legal and no one charged him when he did it? She can't file now.


Asked on 9/07/04, 9:21 pm

2 Answers from Attorneys
Joseph C. Kreps Kreps Law Firm, LLC

Re: Statute Of Limitations on Kidnapping

Please give me a call as soon as possible to discuss this matter (205) 823-0894. Thanks.

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Answered on 9/07/04, 10:46 pm
Jes Beard Jes Beard, Attorney at Law

Re: Statute Of Limitations on Kidnapping

The question of how such charges could be brought is far less important than properly defending the charges. Stop worrying about whether things should or should not have happened and make sure your sister gets a good criminal defense attorney. After the criminal charges are disposed of, and only at that time, she should look at addressing whether anything was done improperly. Meanwhile she should also get an attorney to represent her in the custody case to have that resolved properly. She should be able to find one attorney who can handle both cases, and that would reduce her legal expenses.

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Answered on 9/09/04, 6:13 pm


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