Legal Question in Family Law in Virginia

possible kidnapping

My husband has a 10 yr. old. The mother signed over custody to her great-aunt. Paternity was established. The great-aunt said that my husband terminated his parental rights. She told us what court the papers were filed. We went and pulled up the case There were no papers with his signature anywhere. The great-aunt has moved the child to Tennessee. Since the courts are showing no record of terminating his rights, can the great-aunt be charged with kidnapping and moving the child out of state since she didn't get his permission?


Asked on 7/14/08, 4:46 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: possible kidnapping

The great-aunt's story is bogus as one doesn't "sign over" custody rights nor terminate parental rights to a child in the manner described. And the fact that there are apparently no court records of any judicial rulings on these matters (which there would need to be)further substantiates these conclusions.

Your husband should go to Tennessee with proof that he is the child's father and then with the help of a PI, if necessary, retrieve the child from wherever it's being unlawfully held and return with his ten year old to your home in Virginia.

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Answered on 7/14/08, 10:12 pm


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