Can my ex husband be charged with kidnapping if he refuses to return my son and I have sole custody?

by **ruddy** » Mon Jul 30, 2012 9:16 pm

My ex husband and I got divorced in NC and our custody agreement was also determined in NC per a judge. I have sole custody of my son and and and my ex-husband only has visitations. I recently moved to FL and my ex-husband has been living in NY since our divorce in 2007. My son is 6 and in those 6 years his father has seen him maybe 5 times, he never calls, and he owes over 4000$ in child support. I allowed my son to visit him in NY for the summer, even though according to our separation agreement I don't have to let him go visit him in the summer. I am also currently married but I have been separated from him for 1 year, when my son went to NY his dad started asking him questions about my current husband and because my son told him that his step dad spanked him, now my son's father is saying that is not safe for my son to live with me. But I have not been with my husband for a whole year, and we are separating, and anyhow I was there when he disciplined my son, so there was no abuse, just to verify. Now my ex-husband is refusing to return my son to me. There is no evidence of abuse, and my son is begging me to come home. My ex-husband is applying for the NY PD and he took criminal justice courses which he constitutes as pre law, and he told me that he knows the law and I am not going to get my son back. I went to the police station and said that I can not go and physically remove my son from his house, which he lives at home with his mother, and his mother is the one came to pick up my son, but if I was to go and remove my son I would be charged with kidnapping. What is the fastest way to get my son back?

by **devon** » Mon Jul 30, 2012 9:20 pm

Idk

by **eadweald71** » Mon Jul 30, 2012 9:31 pm

Yes, he can be arrested for kidnapping when you have sole custody.

by **eilis** » Mon Jul 30, 2012 9:43 pm

You have custody, go to that town and ask an officer to go with you to get your son back!

by **ailwyn** » Mon Jul 30, 2012 9:50 pm

No Maybe contempt or custodial interference ( minor stuff ) but you know where the kid is and he's not being held for ransom or anything .

Maybe if you were a little more cooperative with visitation the boys father wouldn't have to go to such extreme measures to spend some time with his son ?

by **dickens93** » Mon Jul 30, 2012 9:59 pm

No Maybe contempt or custodial interference ( minor stuff ) but you know where the kid is and he's not being held for ransom or anything .

Maybe if you were a little more cooperative with visitation the boys father wouldn't have to go to such extreme measures to spend some time with his son ?

i cannot believe the police told you it would be kidnapping to go get your son. that is not true. have any custody petitions been filed? any police or CPS reports made? if not, and your ex has possession of your child outside of his prescribed time in the custody agreement, then you absolutely can go get your son. now, if it is within his allotted visitation time per the agreement, then you have to wait until he keeps him past his allowed time, then you can go get him and file charges.

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