Q: Is this considered kidnapping?
I went to court and was awarded sole legal and physical custody of my 11 yr old daughter. Her father all of a sudden wants to be in her life again, (after 9 months of not seeing or talking to her) I am leery to allow this but he is her father. He wants to take her to dinner/visit but I fear he may not bring her home and I want to know what I should do if this instance were to occur. Our prior custody order stated every other weekend he had physical custody however his wife was never to be alone with our daughter under any circumstances.
A: In Pennsylvania there is a specific charge for custody cases, interference with custody. The police hate intervening in these cases so as a practical matter they will refer you back to domestic court. If you are considering allowing this I woyld suggest either a modification or very carefully documenting the scope and time of the visit in writing. Otherwise he is only entitled to what is in the order.
A: The Police really don't get involved in child custody cases and will tell a parent that he/she needs to take the matter up with the Courts. You should consult with a local attorney to hear ALL the details and then advise you. You would be better protected if you had a modification to your custody Order before making any changes to the custody schedule.
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