Is this kidnapping

[decaty07]

a friend of mine her ex took thier daughter on a visit and wont return the child there is no legal documentation on who has physical custody he will not give her back to her mother is this kidnapping? He is also now questioning paternity

 

[CdwJava]

Whether this is a crime or not depends on state law.

In California (and, I suspect MOST every state) this would NOT be the crime of kidnapping. Many/most states DO have criminal statutes for preventing visitation ... but, this usually requires a specific period of time to pass (approaching a couple of weeks, I suspect).

This is a prime example of why parents need to get custody and visitation papers after ANY split.

- Carl

 

[Duranie]

If paternity was established then it likely is not kidnapping. She needs to go to court or call an attorney and file for emergency custody.