If I’ve already filed for primary custody for my child and don’t want to send her back to the unstable condition with her mother, will I be charged with kidnap if I don’t send her?

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If I’ve already filed for primary custody for my child and don’t want to send her back to the unstable condition with her mother, will I be charged with kidnap if I don’t send her?

Asked on January 3, 2013 under Family Law, Georgia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Since the mother of the minor child knows that you have the child under the laws of all states in this country you should not be charged with kidnapping your own child if you do not return her. Kidnapping occurs when one improperly takes another person against his or her will. From what you have written, I do not see the basis for a kidnap charge against you.


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