Q: Can I go to jail for kidnapping if I am not able to find a ride to take my son home?
The court order between my ex and I states that we are both fit to have joint, legal, and physical custody of our son. My ex is claiming if I cannot find a ride, he will call the cops and press kidnapping charges.
A: Generally, if you have joint custody, you are not kidnapping just because you can't provide the return transportation. Especially, if your ex was aware of the transportation issues and is refusing to retrieve the child himself. As long as this is a rare occurrence, and you are trying to find a cooperative solution, the court should not have an issue with you having your son a little longer for the purpose of obtaining transportation. If this persists as a problem between you and your ex, talk to a family attorney local to you.
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