Is it Kidnapping to Not Tell the Other Parent You're Leaving With the Child

[grandmother-of-2]

My question involves a child custody case from the State of: North Carolina.

Hi. I need some information about a situtation.
My sons' wife has taken their 4 year old daughter and left the state without him knowing beforehand. They weren't seperated or anything. She waited for him to go out of state working and left without telling him even though his son was at school and she was supposed to be at home when he got off the bus that afternoon.
I have a couple of questions about this situtation...
1 Is taking my grand-daughter out of state without her fathers knowledge parental kidnapping since they are married and living together and because of this neither have custody or both share custody, depending on how you look at it?
2 Did my daughter-in-law commit a crime by leaving the state without letting us know that she wouldn't be at home to meet my 7 year old grand-sons bus when my son was working 5 hours away?

[cdwjava]

The father of the children needs to immediately seek the advice of a skilled Family Law attorney. It is generally not against the law for a parent to take their own child out of state. Whether there are any laws that might be broken if mom conceals the child from dad for a specific period of time, I cannot say. But! He should immediately take steps to assert local Family Court jurisdiction to protect his rights. If mom runs to a state where they might not require long term residency, she might file for custody in that particular state.

SO, if he feels she's running off to keep him for the child, he needs to take steps tomorrow morning.

[grandmother-of-2]

Thank you for your reply. Its a bad situtation. We have found out that she flew halfway across the country with no intention of returning so yes we will be at the lawyers office first thing in the morning and pray all goes well

[flyingron]

If she took the child contrary to any custody orders, first call would be to the police. After reporting it to the normal channels I'd call during business hours and see if the jurisdiction has some office that handles such issues.

Second call, as stated, would be to a good family law attorney.

[cdwjava]

Since the OP indicated they weren't "separated or anything," I am operating under the assumption that there are no custody orders.

[grandmother-of-2]

I hope this might help someone in the future...
Get that lawyer. He/she will petition the court to have the child returned to the state until legal custody can be settled, which could include both parents having to remain in the county they currently live in this state.
Also, since the mother was also responsible the step-child at the time, and she made no arrangements for that child, she can charged with reckless endangerment of a minor under 12 years of age. That charge looks really bad at a custody hearing. The conviction will look even worse.

[Dogmatique]

I'm going to warn you now before a Judge has to do it.

Stay. Back.

Seriously.

Not your kids, not your legal issue. By all means support your son, but know your place.

- - - Updated - - -

And...gosh they do things quickly in NC, don't they? In the space of what...6 "wake up" hours, your son has managed to find an attorney, get the attorney on board and have a plan of action?

Gosh, that's impressive.

[BooRennie]

I hope this might help someone in the future...
Get that lawyer. He/she will petition the court to have the child returned to the state until legal custody can be settled, which could include both parents having to remain in the county they currently live in this state.
Also, since the mother was also responsible the step-child at the time, and she made no arrangements for that child, she can charged with reckless endangerment of a minor under 12 years of age. That charge looks really bad at a custody hearing. The conviction will look even worse.

I'm going to warn you now before a Judge has to do it.

Stay. Back.

Seriously.

Not your kids, not your legal issue. By all means support your son, but know your place.

- - - Updated - - -

And...gosh they do things quickly in NC, don't they? In the space of what...6 "wake up" hours, your son has managed to find an attorney, get the attorney on board and have a plan of action?

Gosh, that's impressive.

Looks like Dad managed to get a petition filed in court, too.

Seems that Special Effect works across the IntraWebs.

[Dogmatique]

Ikr?! :d

[grandmother-of-2]

Look I'm just letting people know what the course of action is which is a better reply than most I received here, but then I'm not a lawyer nor do I play one on tv. I'm simply a concerned grandparent sharing information we received.