Q: The father of my daughters child has held him from her & us for over a month.
They are not married to each other but he is married to another woman. He has withheld their son from my daughter & us for a month now for revenge. My daughter has offered to appear for mediation with him but he won't answer. His wife has threatened my daughter with violence, has attacked her before this, dad is a flight risk, & dad was being abusive to my daughter, so we are afraid for her 9 month old. My daughter is also afraid that if she calls to file a kidnapping report that her traffic warrant will cause her to get arrested & lose her job. As the maternal grandparents are we allowed to file the kidnapping report with police for her?
*Answer to Matthew Williams : there has been no court case involving custody, so in Ohio mom has all rights unless stated otherwise by a court.
A: Anyone can certainly file a police report, and there may be an interference with custody criminal offense here but there probably is not kidnapping since that is against the wishes of the person, not their parents. Who has legal custody of this child?
1 user found this answer helpful
A: Yes, a kidnapping charge could be filed, but mom will have to cooperate in that. If she's afraid of arrest, she should obtain an attorney to assist with that case. The longer she waits to get her child back, the worse it will look to the court.
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