Parental Kidnapping Legal Steps

Summary

Parental kidnapping laws in Oregon and Texas involve taking a child in violation of a custody order, with intent to deprive the other parent of custody rights. Removal from the state without consent can elevate charges. In Oregon, refer to Oregon Revised Statutes § 163.257 for specifics. To address custody violations, consult a family law attorney specializing in interstate custody issues. Present evidence to a prosecutor in Oregon for potential charges and consider filing for enforcement of the custody order. If emergency custody was granted to the other parent, an appeal may be possible if a crime is proven. Legal advice is crucial for navigating these complex issues.

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my son was taken by his father from oregon to idaho when i had legal custody of him. he didnt have my permission and he didnt tell me about it. he just took him. we had a court ordered custody agreement showing that he only had every other weekend, hes now claiming residency in idaho and wont let me see my son, he filed for emergency custody months after taking him, after i ihad already filed paperwork. did he break the law, and if so what can i do. the judge had denied every motion i have filed and allowed him to do this and also he hasnt gotten in any trouble. i want to have charges brought against him, but i am not sure what i need to do to make that happen.
I'm really sorry to hear about your situation. This sounds incredibly stressful. Given that you have a court-ordered custody agreement, your ex-husband may have violated the law by taking your son without permission.
Here are some steps you might consider:
- Contact Law Enforcement: Report the incident to local police and provide them with your custody order. They can help enforce the order and assist in returning your child.
- Consult an Attorney: A family law attorney can help you navigate the legal system and file the necessary motions in court.
- File a Motion in Court: You might need to file for enforcement of the custody order and for contempt of court against your ex-husband.
Would you like information on how to find a family law attorney in your area?
i called the police and they said it was a civil matter. i filed a motion for contempt of court and it was denied. he doesnt allow me to talk to my son or see him. how is it possible for him to just be able to take my son? what is the purpose of a custody agreement if the other parent can just take the child anyways? isnt it against the law to take a child to nother state without the permisssion of the other parent, especially when the other parent has majority custody? shouldnt that be grounds for kidnapping?
It sounds like a very distressing situation. Here are some key points to consider:
- Violating Custody Orders: Taking a child out of state without permission may be a violation of the custody order.
- Parental Kidnapping: This could potentially be considered parental kidnapping, especially if there is a court order in place.
- Interstate Custody: The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is designed to help resolve interstate custody disputes.
You should consider consulting with a family law attorney who specializes in interstate custody issues. They can help you understand your rights and the best course of action. Would you like information on how to find a family law attorney in Texas?
if i went to idaho and just took my son without his knowledge would that be considered kidnapping?
Taking your son without the other parent's knowledge, especially given the custody order, could potentially be considered parental kidnapping. It is crucial to follow legal procedures.
I recommend consulting a family law attorney in Texas who specializes in interstate custody issues.
Would you like assistance in finding a family law attorney in Texas?
can i take my evidence to a prosecutor to see about having charges brought against him for kidnapping. if so do i need to do it in the state that the crime happened? i already called the police, but since my son was taken to another state and lied to police about how long they had been there, they told me there was nothing they could do. so he got away with kidnapping. and now i dont get to see my son at all
You should present your evidence to a prosecutor in the state where the crime occurred, which is Oregon. They can help determine whether kidnapping charges are warranted. Consulting with a family law attorney experienced in interstate custody issues could also provide additional guidance.
Would you like assistance in finding a family law attorney in Oregon?
no thank you. what is the grounds for a parental kidnapping charge, what is needed for a person to be charged with that crime. whata re the laws and rules and regulations in regard to parental kidnapping.
In Texas, parental kidnapping (interference with child custody) occurs when a parent takes or retains a child under certain circumstances. Here's what is generally needed for a charge:
- Violation of Custody Order: Taking or retaining a child against a court-ordered custody agreement.
- Intent: The intent to deprive the other parent of their custody rights.
- Removal from State: Taking the child out of state without consent can be a significant factor.
For more detailed legal rules and regulations, consult the Texas Penal Code § *.*.
Would you like more information on the specific laws in Texas regarding this?
are the laws the same in oregon as they are in texas
The laws in Oregon and Texas regarding parental kidnapping (interference with child custody) are similar but not identical. Both states have laws against taking a child without consent in violation of a custody order. For precise information, refer to Oregon Revised Statutes § *.*.
Would you like more details on Oregon's specific laws regarding parental kidnapping?
yes i would like more information
Sure, here are some key points regarding parental kidnapping under Oregon law:
- Custody Order Violation: Taking or keeping a child in violation of a court-ordered custody agreement.
- Intent: The intent to deprive the lawful custodian of their rights.
- Removal from State: Taking the child out of Oregon without consent can elevate the charge.
Refer to Oregon Revised Statutes § *.* for detailed information.
Would you like more details on how to proceed legally?
yes i would like more details on how to proceedd legaly
You should consider the following steps:
- Consult a Family Law Attorney: Seek professional advice from a family law attorney who specializes in interstate custody issues.
- Contact the Prosecutor: Present your evidence to a prosecutor in Oregon for potential kidnapping charges.
- File for Enforcement: In both Oregon and Idaho, file for enforcement of the custody order and for contempt of court.
Would you like assistance in finding a family law attorney in Oregon or Idaho?
i filed for enforcement but all my motions were denied. he filed for emeergency custody and hes now won. can that be reversed if i can get charges brought against him, he commited the crime before he filed for emergency custody. shouldnt he have fiked for custody before just taking my son.
It may be possible to reverse the emergency custody order if you can prove he committed a crime before filing. Consider these steps:
- Consult an Attorney: Seek advice from a family law attorney specializing in custody disputes.
- File an Appeal: An attorney can help you appeal the emergency custody decision.
- Gather Evidence: Collect all evidence of the alleged crime and present it to the court.
Would you like assistance in finding a family law attorney in Texas?