Dad and mom have 50/50 joint custody with mom being primary. Dad is purposely withholding the child from mom out of anger. He has taken her to another state and I don't know where she is (19 month old baby). I was told by my county's commissioner that if dad kept daughter 48 hours past the court ordered scheduled time, then they would put a warrant out for his arrest. What is the difference between custodial interference and parental kidnapping? Do I just need to file contempt?
You need to get the police involved, and file for an emergency hearing if the other parent is denying you access to the child and has left the state without confirming that he is going to return with the child.
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No, you do not need to JUST file contempt.
In addition, you need to contact the police and report a kidnapping. PERIOD.
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Do you have a court order? I believe that's what you imply, but it's not entirely clear. That is a very important piece of the equation and this space does not permit the analysis required based upon the info you've provided. I agree that you should get to a police station and report her missing, but you really need an experienced custody lawyer to review your paperwork.
This area of custody is very complicated. I would contact a custody attorney to assist you in this matter.
There is an important piece of your question that is missing, which is is there a custody order. This question needs to be answered, because if there is no custody order then there can be no parental kidnapping. Without a custody order your parental rights do not supersede other parent's rights. If there is a custody order then you can file criminal charges provided the child is not returned within 48 hours. However, if there is no custody order you will have to file a complaint for custody. In short, parental kidding is criminal for not returning the child and custodial interference is actual interfering with another acces to the child (e.g. denial of visitation).
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