If the non-custodial parent is not listed on the child’s birth certificate, can the custodial parent be charged with kidnapping?

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If the non-custodial parent is not listed on the child’s birth certificate, can the custodial parent be charged with kidnapping?

My daughter is 12. I was never married to her father and there has never been a custody order. My daughter was on punishment when she called to ask if she could go with her dad. I told her no but when i got home from work she had left and taken her clothes. I called her father and told him the situation, that she defied me and he told me he was not going to bring her home. He lives with a girlfriend who he refers to as my “daughter’s mother”.

Asked on July 28, 2012 under Family Law, Missouri

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It is entirely possible that your daughter's father who is not listed on her birth certificate or any court order that he is her father could be charged with some crime for having custody of your minor child against your wishes, but the facts that you have written do not seem to justify a kidnapping charge since your daughter voluntarily went to his residence and she seemingly is free to leave whenever she wants.


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