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My ex husband is on drugs and is beating on my 17 year-old son now my son will not go home if i keep him is it kidnapping

Madison, TN |

my ex has custody of my 17 yro son he lets him stay with me but now my son will not go home to his father because of physical abuse if i keep him is it kidnapping will i go to jail

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Attorney answers 1


Call the police today and file a report regarding the abuse of your son. Then contact a local attorney (today) and ask about filing an Order of Protection for your son. Your attorney should be able to get an emergency hearing considering the circumstances.

Under TCA 39-13-306 by keeping or allowing you son to stay at your residence you will technically be committing "custodial interference" because it is your intent to violate the custody order. HOWEVER, under TCA 39-13-306 section (c) “It is a defense to custodial interference:

(1) That the person who removed the child or incompetent person reasonably believed that, at the time the child or incompetent was removed, the failure to remove the child or incompetent person would have resulted in a clear and present danger to the health, safety, or welfare of the child or incompetent person.”

Understand that this does not mean that you would not get a visit from the police if your ex were to call them. It does, however give you a valid defense to any charges against you. Due to the danger posed to your son and the possible criminal charges that could be filed against you, it is extremely important that you call the police and contact an attorney today before you do anything else.

There are several good attorneys in your area that should be able to help you. Remember, the safety of your child should come first. Do not wait to act.

Best of Luck.

The legal information provided is for informational purposes only and should not be construed to be formal legal advice nor the formation of a lawyer or attorney client relationship. Your receipt of the information on this website is not intended to create, and receipt does not constitute, a contract for representation by Fetters Law Firm, PLLC. Ryan F. Fetters is licensed to practice law only in the States of Maine, Tennessee & West Virgina.