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  1. #1
    Join Date
    Jun 2011
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    6

    Default Physically Taking Child from Other Parent

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

    First of all, let me say that I am fully aware that this should only serve as an absolute last resort and I am also aware of the potential altercation that could arise from such a method, but...

    Is it a criminal act for one parent to physically (but without violence or any other means that could be construed as battery or assault) take a child from the other parent? There is no court order granting either party custody or any other court orders of any kind.

    For example, if parent A was walking down the street with the child in a public place and parent B walked by and picked up the child and walked off, has parent B committed a crime?

    Again, I realize this is not the best way to handle things and that the child could be disturbed by such an act, etc... So no offense, but I'd prefer not to get into a discussion regarding the moral issues surrounding the scenario. Thank you =)

  2. #2

    Default Re: Physically Taking Child from Other Parent

    Depends. Are the parents married, thus enjoying equal legal standing in regard to the child?

  3. #3
    Join Date
    Feb 2011
    Posts
    576

    Default Re: Physically Taking Child from Other Parent

    This is almost always a bad idea that can have unintended and often serious consequences.

    Forcibly snatching your child from mom will almost surely and quickly escalate into a screaming mother and a physical scuffle. Even physically shoving her can be legally construed as assault.

    If this happens and mom claims you physically assaulted her to get the child, or if she should happen to fall and be bruised, you may suddenly find yourself at the business end of a Florida warrant for your arrest for spousal battery, a temporary protective order, and an allegation that you committed family violence against the other parent.

    And there will be no way to sugarcoat this form of child snatching enough to make you look good at your upcoming divorce hearing. Such an act in and of itself may be enough for the judge to smack you down and make mom the primary custodial parent. Assuming you still have physical possession of your child by your first divorce hearing.

  4. #4
    Join Date
    Jun 2011
    Posts
    6

    Default Re: Physically Taking Child from Other Parent

    Quote Quoting aardvarc
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    Depends. Are the parents married, thus enjoying equal legal standing in regard to the child?
    Yes, the parents are married pending a divorce hearing in September. The temporary custody hearing is in July.

    Quote Quoting tex11
    View Post
    This is almost always a bad idea that can have unintended and often serious consequences.

    Forcibly snatching your child from mom will almost surely and quickly escalate into a screaming mother and a physical scuffle. Even physically shoving her can be legally construed as assault.

    If this happens and mom claims you physically assaulted her to get the child, or if she should happen to fall and be bruised, you may suddenly find yourself at the business end of a Florida warrant for your arrest for spousal battery, a temporary protective order, and an allegation that you committed family violence against the other parent.

    And there will be no way to sugarcoat this form of child snatching enough to make you look good at your upcoming divorce hearing. Such an act in and of itself may be enough for the judge to smack you down and make mom the primary custodial parent. Assuming you still have physical possession of your child by your first divorce hearing.
    I definitely am aware of that. This scenario would only be played out if the child was walking on her own as opposed to being held so any physical contact would be avoided. It would also be done in a public place with witnesses so that parent A could not claim anything that didn't actually happen.

  5. #5
    Join Date
    Feb 2011
    Posts
    576

    Default Re: Physically Taking Child from Other Parent

    Go ahead with such a stunt in a public place and see how many witnesses will actually be available, much less willing, to testify on your behalf. You should be prepared for the likelihood a warrant for your arrest may be issued shortly afterwards. And however that plays out, mom may get the child back while you are sitting in jail.

    This could much too easily backfire on you, and any suggestions your action traumatzes the child will weigh heavily against at your custody hearing. This may ensure primary custody given to mom, and your visitation rights severely restricted in the short term.

  6. #6

    Default Re: Physically Taking Child from Other Parent

    I have to agree with Tex. This has LOTS of ways to go wrong and have unintended consequences that can work to accomplish the OPPOSITE of your intent.

  7. #7
    Join Date
    Jun 2011
    Posts
    6

    Default Re: Physically Taking Child from Other Parent

    I understand and appreciate your concerns and recommendations. It is unfortunate that in this country, my child's mother can do such a horrible thing yet I cannot do anything about it. Or if I do the same thing as her, I am the one to blame.

  8. #8
    Join Date
    Feb 2011
    Posts
    576

    Default Re: Physically Taking Child from Other Parent

    While one can certainly empathize with your situation, in this case you would not be doing the same to her as she did. If she willingly handed over the child to you for an extended visit, as you did to her in this case, and you did not return that would be one thing. But this is different.

    If this situation were reversed and you were back in MD and she appeared out of nowhere and picked up your child and started walking away, you know darned well you would do your best to stop her. But though you might be on firmer ground in that scenario, there would still be plenty of ways that could go bad for you. And in the case where she now has the child, it can much more easily go bad for you.

    And since your first divorce hearing is coming up very soon, you do not want to make a first impression on the judge that you are an out of control father with a pending assault charge in Florida. And the only way to guarantee that scenario won't play out is to take the high road, avoid a direct confrontation with your spouse, and prepare the best you can for your upcoming hearing.

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