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KIDNAP?

OKAY SO MY BROTHER HAD A BABY HERE iN CALi WiTH A 16 YR OLD GiRL THATS FROM MiNNESOTA... AND NOW SHE THREATENED TO TAKE THE BABY AWAY FROM HiM SO MY BROTHER TOOK HER AND WENT TO A FRiENDS HOUSE.. THE MOM DOSENT KNOW WERE THE BABY iS... SHE CALLED THE COPS AND THE COPS SAiD THAT iT iSiNT CONSiDERED KiDNAP BECAUSE SHES WiTH HER FATHER..... SO THEY CANT DO ANYTHiNG.. if ANYONE KNOWS THE LAWS HERE iN CALiFORNiA FOR THAT PLEASE TELL ME CAN SHE TAKE THE BABY TO MiNNESOTA WitHOUT MY BROTHERS CONSENT? COULD SHE JUST LEAVE ADN TAKE MY NiECE AWAY THE BABY HAS His LAST NAME AND His NAME is ON THE BiRTH CERTiFiCATE... WHAT COULD WE DOOO? PLEASE ADVisE ASAP... THANKS

Answer Question
 
jacobalex_mommy

Asked by jacobalex_mommy at 6:11 AM on Jul. 23, 2009 in Relationships

Level 1 (0 Credits)
Answers (10)
  • From what I understand, most states require the custodial parent to notify the other and they have to be in agreement. If there is joint custody then she can not take her without a agreement with him. But please check with your state to ensure his rights
    pnwmom

    Answer by pnwmom at 6:36 AM on Jul. 23, 2009

  • He needs to talk to a lawyer
    Anonymous

    Answer by Anonymous at 6:38 AM on Jul. 23, 2009

  • IS THERE LiKE AN ONLiNE THiNG WERE i CAN SEE LAWS?
    jacobalex_mommy

    Answer by jacobalex_mommy at 6:38 AM on Jul. 23, 2009

  • pnwmom

    Answer by pnwmom at 6:49 AM on Jul. 23, 2009

  • he needs to go to a lawyer. If custody and the details are not set up legally, then neither will have anything to go by. And the cops can't do anything because there is no order being violated. Both can take the child and go whenever and whereever they want. Believe me, get these issues resolved with an attorney ASAP. Lots of attorneys will give you a consultation free of charge to discuss your options.
    sue118

    Answer by sue118 at 7:25 AM on Jul. 23, 2009

  • Okay first off if there is no court order either one of them could take the baby and disappear without the other persons consent. Lovely california laws right?? Until there is a court order he could do just the same to her. So my advice would be have your brother go to the court house today and file papers to have visitation and custody filed. Once custody and visitation are established she does have to give him notifcation as he would have to do the same for her. Until then yes she could leave with the baby and he couldn't do anything because there would be no legal documents stating otherwise.
    Mommy-N-07-N-09

    Answer by Mommy-N-07-N-09 at 9:12 AM on Jul. 23, 2009

  • www. womenslaw.org and click on KNOW THE LAWS then pick your state or call a domestic violence shelter and ask them since many times ppl leave the state with kids to get away from an abuser (not saying your brother is an abuser). I'm just saying they would know. Have your brother file for custody and she can't take the child. If he's a responsible adult who is working he'd have a good chance of getting custody then again if he's an adult having sex with a minor....wow, he should really call a lawyer.
    admckenzie

    Answer by admckenzie at 9:16 AM on Jul. 23, 2009

  • He needs to talk to my best friend he is a lawyer.No seriously.He needs to contact a lawyer.
    Anonymous

    Answer by Anonymous at 9:19 AM on Jul. 23, 2009

  • I'm a law major and know he wouldn't be abler to do anything b/c she is the mother unless she's not on the birth certificate. The only way it's considered kidnapping is if he gets full Custody and she takes her. If not he can't do anything. He should file for full custody.
    ilovemel

    Answer by ilovemel at 6:42 PM on Jul. 23, 2009

  • Ilovemel for a person to get full custody of a child is very very rare.The other parent has to be an extremely bad parent.It is not easy to get full custody you should know that.I know you are a law major but you are not an attorney yet and do not know all the laws.The best thing is to contact an attorney.Partial custody is usually given.My friend that is an attorney and a very good one does not have full custody of his daughter he has half.
    Anonymous

    Answer by Anonymous at 10:34 PM on Jul. 23, 2009

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