If mother-in-law tries to take baby without permission, it is still considered kidnapping right?

by **gowan** » Fri Jul 27, 2012 3:48 am

The father lives with his mother and family at the moment. There's a criminal investigation going on with the father and there isn't a court order stating the baby has to go to them so I was just curious because I've been advised by my lawyer to not release the baby to them under the current circumstances.

by **marq** » Fri Jul 27, 2012 3:51 am

Not sure how mother in law would take the baby without permission. But, yeah, I think that she could be arrested - I think that its called custodial interference. But, and this is REALLY IMPORTANT, check with your lawyer at every step and follow instructions to the letter.

by **janyd** » Fri Jul 27, 2012 3:53 am

Do what the lawyer advises.

by **koltin** » Fri Jul 27, 2012 4:00 am

Do what the lawyer advises.

If the father takes the child, and there isn`t a court order.... then it's not kidnapping.
Yeah, there isn't a court order saying the child is to go to them --- but is there one that says they CAN`T take the child? If there isn't, he is "legally allowed" to take his own child.

by **cleirach70** » Fri Jul 27, 2012 4:09 am

Definately illegal. Call the cops on her if this happens again. I'd be pissed like a mf if my mother-in-law did that bs to me. Get her arrested. That's your CHILD. You are a mom, and mom's worry more than dad's and grandparents do about their baby. You have a right to decide wether she can take your baby or not.

by **hrafn** » Fri Jul 27, 2012 4:13 am

My dear friend,follow the instruction of your lawyer.

by **gideon** » Fri Jul 27, 2012 4:22 am

Since it is HIS parents, this is considered FAMILY.

Therefor, it is NOT "kidnapping" unless they fail to return the child. HIS family has a right to see the child, too. No court order is necessary -- THEY ARE FAMILY, TOO.

If you lawyer has concerns about the child's safety, then he needs to file the necessary paperwork to prevent your husband's family from seeing the child. Without this paperwork, THEY CAN SEE THE CHILD.

But you do not have to release the child to them. MAKE ARRANGEMENTS to meet them at a local restaurant, or in a shopping mall. Someplace VERY public and open. During the visit, YOU STAY THERE WITH THEM. Better yet, have one (or both) of your parents to go with you.

but whatever you do DO NOT DENY THEM THEIR RIGHT TO SEE THE CHILD without full support of your lawyer -- by obtaining the necessary Restraining Orders from the court.

by **aviya** » Fri Jul 27, 2012 4:43 am

Well, yes. The MIL is not the custodian of the baby. The parents are. How would she be able to forcefully take the baby anywhere? She's got to have a carseat. Your lawyer has reasons for saying what he/she has and since you are paying for your lawyer's advise, best that you take it. Tough for grandma who hasn't done anything wrong, but she should understand after you explain and be willing to visit with her grandchild in your home.

by **hampton83** » Fri Jul 27, 2012 4:47 am

You don't have a mother in law as you are not legally married to the baby daddy.

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