Long Beach, MS asked in Divorce, Family Law and Child Custody for Mississippi

Q: Can I be charged with kidnapping or any other crime in Pennsylvania for bringing my son home if his home state is MS

If I go get my son back from Pennsylvania where my wife has taken him can I be charged with kidnapping or any other crime from the Pennsylvania side the childs home state is Mississippi also assume there was no physical confrontation between me and my wife I go to Pennsylvania I get my son and I bring him home

1 Lawyer Answer
William R. Wright
William R. Wright
  • Divorce Lawyer
  • Ridgeland, MS
  • Licensed in Mississippi

A: I am not aware of all of the facts, and since I am not your attorney, I hesitate to give you advice on that question. I will say, hypothetically, that if there is no court order, I don't see how you could be charged with kidnapping. Again, I don't know all of the facts, and I am not your attorney.

However, I can predict that if you do that, mom will embellish the facts in her favor and file a writ of habeas corpus in Pennsylvania which will result in your having to retain counsel there. Also, while it may be bias against men, you are going to lose ground with the courts if you take the child without her consent. Your best bet is to file a custody proceeding in Mississippi for the return of the child. You can file for custody without having to include divorce.

You understand that none of what I wrote is to be considered legal advice, and you are not to rely on my comments. You need to retain counsel.

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