Custodial Parent Won't Take Child Back Unless She Gets Money

My question involves a child custody case from the State of: Virginia

My friend is in a unique predicament. The mother of his 2yo child has full custody in the state of Virginia. A few weeks ago she left their daughter with him and ran away. Her goal is to get more money from him. She told him, "Unless you pay me more money you have to take care of her." He has already scheduled a date to amend the custody ruling so he can get full custody, but that won't happen for another couple months. In the mean time he has an out of state trip that he has been planning for several months and he's unsure whether or not he can bring his daughter. The mother will not take the daughter back and is forcing him to care for her. What are the legal implications if he were to take his daughter on this trip?

There's no "legal implication" from his taking a child, in his care, with him on a trip. Parents take their children on trips as a matter of routine.

But could the mother claim parental kidnapping or would this hurt his case in gaining full custody? Does he need written permission from her to go on this trip or does he simply need to tell her his intentions? The trip is a cross country trip for 3 weeks.

I have zero legal background, and I’m not speaking from a legal standpoint. But your friend needs to log every text message, every email and have witnesses (if prudent and when possible) to corroborate that mom is refusing to take their child back. So when he takes his child on vacation, dad has proof that mom has refused to take their child back should she decide to accuse him of parental kidnapping. Or if at all possible, he should consider canceling the trip.

Yes, canceling the trip is the consideration right now. He wants to be clear that he cannot go before canceling the ticket and all of the arrangements. I know he just asked if she will take the child back and she refused, but it may have been over the phone. I do not know if he has a record of it.

Most fathers would BEG to have their child. I have no legal background either, but I wouldn't recommend he leave the state at all. If it's not a business trip, then put it on hold. He has the ability to file for an emergency hearing in Virginia. He may want to also find out from the CS division about putting any payments on hold, as he now has the child. Does the father work, can he pay daycare, and exactly how long has he had the child?

Did the mother leave any info as to her EXACT whereabouts?

There doesn't appear to be an emergency.

An inconvenience, yes. A major idiotic move by Mom, yes. But an emergency?

Child support won't be fixed immediately, either.

Seriously - before we send this OP down the garden path, let's be realistic. Dad has already filed - he can request temporary custody pending a final hearing on the matter.

I was thinking emergency, in case mom showed back up, took kid, and then dropped child off again before court date that's already scheduled.

So, I stand corrected.

This is one of those cases where I do think time will tell - Dad just needs to be on top of things. Mom is clearly not exactly in the running for Mommy Of The Year (what is it with Moms this evening?!), and she'll likely be more than capable of messing things up herself.

If you know what I mean :)

Thank you for all of the feedback. The father has decided to leave his daughter in the care of his family while he travels.