Custody/kidnapping Question–between Ohio and North Carolina?
Question by cakelady <3: Custody/kidnapping question–between Ohio and North Carolina?
My sister has sole custody of her son. His father is on the birth certificate, but has no rights. He does not pay child support, have legal visitation or anything. After awhile, my sister decided to allow her son to go visit his father in North Carolina for a few weeks at a time. He has been there a few times, and his father always brings him back as scheduled.
This time, though, his father refuses to bring him back. He says he will not allow my sister or anyone else in our family to come get him. He goes between saying he will bring him back in a few month to saying he will never return him.
When my sister, myself and my mother contacted the police, they said that if we go take him we will be arrested and charged with kidnapping. I guess the laws vary, but I am confused as to why my sister (who has sole custody) would be charged with kidnapping for taking back her son. They said we could request a hearing, but that it doesn’t have much chance of success. Is this true???
On top of all this, we recently found out that his the child’s father has tons of recent drug charges and child endangerment/child abuse charges. We want to get my nephew back home, but are not sure what to do.
Best answer:
Answer by CaCO3Girl
It is sad to say but often times the police don’t know the ACTUAL law. Go and get the kid, show up WITH the sole custody papers, and the police will have to release the child to you.
All custody cases have to be brought where the child has resided for the last 6 months, it’s a law in the uniform child jurisdiction act. So, as long as the child hasn’t been living there for more than 6 months the jurisdiction is still where the mother has lived with the child, which means her court order is valid.
If this were my child I would go there personally, with the custody papers IN HAND, call the police myself and say the child may or may not be his and he has no custody or visitation, NOW GIVE ME MY CHILD!!!!!!!!
The local police will give you the child unless the father can produce custody papers from that state.
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