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Can she be charged with kidnapping?

We have a 7 year old daughter, i have every other weekend visit and 2 weeks alternating in the summer, and we share joint legal custody while the mother having physical custody.The mother had violated visits in the past, in which i was awarded make-up time, now my court order state, "alternating 2 weeks with child, but it didn't include a time, so today is my visit with my daughter, and she know is my time, she on vacation in Pa, and i don;t when she will be back, can she be charged with kidnapping? and should i file a police report? because i have a court date coming in Sep 9, she file a petition excusing me of false accusation of neglect, and wants to take her away from me, and she wants to file full custody with me having limit visits? what can i do?

4 Answers

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  • P
    Lv 7
    8 years ago
    Favorite Answer

    No its not kidnapping, but she is in violation of a court order. You need to go through an lawyer and hopefully eventually things will settle. You both need to reach a point where both of you can be reasonably flexible with vacations and make-up time. Visitations need to be fair, but not necessarily so rigid. At some point that hopefully occurs when you are both sick of throwing money at attorneys and fighting in court.

  • 8 years ago

    She can't be charged with kidnapping. She can be charged with contempt if you can PROVE that she did that on purpose when it was your visitation time.

    As for the neglect? Get your ducks in a row and disprove it if it isn't true.

  • 8 years ago

    Since you two have 'joint legal custody'...........she can go anywhere she wants for vacation.

  • LIPPIE
    Lv 7
    8 years ago

    NO she can't, and no don't file a report. Talk to a lawyer.

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