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is this concidered kidnapping?
ok, my boyfriend and i have 4 children. i have 2 teens from a previous marriage, he has one from a former girlfriend. i have full custody of my 2 and he has full custody of his son. we also have a 2 year old where custody has not been established.
now, my boyfriend and i had a big fight this afternoon and he threatened to take our 2 year old from our home in new york state and bring him to his parents in Ohio. he said that i would never see him again. NY my daughter and i are the ones who take care of him. we change him, bath him, feed him his meals, and put him to bed. all my boyfriend does everyday is clean up the yard and drink beer with the neighbor.
what i need to know is if he can legally take him, or can i have him arrested if he tries?
5 Answers
- Dean WinchesterLv 58 years agoFavorite Answer
To the first poster: I'm sorry but women don't have more legal rights unless established by a court of law.
To answer your question: I'm not sure about NY but my state has very similar laws so maybe this will be true for you also. If the father's name is on the birth certificate and no custody agreement is establish then he can take the child wherever he wants for as long as he wants. Maybe if things calm down you guys can come to a peaceful, written (make sure it's written and notarized!) agreement for custody. Or, if he's unwilling then you can try petitioning the court for full physical custody. Usually courts will give the mother physical custody or split it even. In the modern age it really depends on the circumstances.
My sister and my niece's father never established custody when they broke up and we went through hell because of it so I feel you. AND don't hold me to this but I do believe that the child has to be in the physical care of whoever takes him. My niece's dad always threatened to take her and my sister would always argue that he legally couldn't but he would also say "She just needs to be in my arms"
Best of luck to you really. I hope you find a solution that's best for your son.
- elaeblueLv 78 years ago
Is his name on the birth certificate? If so he has the same rights you do.
If you go to court and have custody established they will charge your boyfriend child support. But it would establish that he must keep the child in the state. And that taking him out of state without your permission is not allowed.
Why do you live with a man who disrespects you this much? Perhaps its time to say adios.. ??
- 8 years ago
Even if the courts did not establish paternity you are the mother. Sorry men but women have more say in matters like this. Yes you can have him arrested for taking your son across state lines. It seems like you two just need to talk though. He isn't going anywhere.
- 8 years ago
Yes thats kidnapping. You have more rights than he does over the child since you are the mother. If you take it to court then you will for sure win full custody over your child. Good luck!
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