She has zero parental rights in the divorce decree except for holiday visitation. I've cared for them for the past 6 or 7 years. They have seen her a total of 4 times in those years. She now wants to take them for Christmas for 2 weeks out of state (Minnesota). She owes 10k or better in back child support, and constantly lies to them about birthday gifts and the like. Can she be charged with kid napping if she doesn't return them after the 2 weeks? Even though I have her permission?
Most jurisdictions have a lesser criminal offense generally characterized as custodial interference where a parent unlawfully withholds a child of theirs, for an extended period of time, from the other parent in whose care they should be pursuant to a court order. Such a violation would most certainly constitute contempt of court in the family law proceedings as well. It is recommended that you consult with an experienced family law attorney in your area of residence for legal advice on your specific circumstances and available remedies.
Potentially. If she doesn't return your children, you should call law enforcement and/or visit with an attorney
This post is for information purposes only and does not constitute legal advice, nor does it establish an attorney-client relationship.
Sign up to receive a 10-part series of useful information and legal advice about the divorce process.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline