What to do about a kidnapping charge against a grandparent who was picking up her grandchildren for the custodial parent at the time but not the place expected?

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What to do about a kidnapping charge against a grandparent who was picking up her grandchildren for the custodial parent at the time but not the place expected?

Scenario: A father refuses to return children to the mother and hides the children. He meets the mother at the drop-off time and location revealing his intentions. The mother’s mother, unbeknownst to the father, located the children in the care of the father’s girlfriend at nearby store. She called the mother to reveal the information. The grandmother takes the children, not against their will, and returns them back home safely. The father learns of the grandmother actions and calls police. The mother is primary care provider and also was expecting to pick up the children. Grandmother was arrested for kidnapping. How? Should we speak with a criminal law attorney? In Hart County, GA.

Asked on August 17, 2011 Georgia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If a grandparent of the child that supposedly was abducted has been charged with a kidnapping offense which is a felony, I recommend that a criminal defense attorney be immediately consulted to assist in resolving the situation. The problem that I see is a divorced parent situation where there still appears to be a lot of hostility by the father.

A felony conviction for kidnapping typically requires a mandatory jail sentence, a significant fine and worse yet a permanent criminal record.

Good luck.


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