Is it Considered Parental Kidnapping if She Does Not Go Home? 4 Answers as of August 01, 2011

My sister came back from CA to VA for the summer with her 2 kids and without her husband. She did intend to to go back but has decided not too after examining the situation. She does not see her husband's home fit for the kids and is struggling with the marriage. He is barely ever home and when is he just yells at the kids and he grows illegal substance in his backyard where the kids play. He also mentally and emotionally abuses my sister. If she stays and only goes back to get her belongings, is this considered kidnapping? And if so, then is my grandmother (who bought her plain ticket) and the rest of my family in VA considered accessories to kidnapping since she is staying with us?

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Wallin & Klarich: A Law Corporation
Wallin & Klarich: A Law Corporation | Paul Wallin
She cannot remain in California with the children without going to court with a lawyer to file the appropriate paperwork asking that the court allow her to remain here with the kids. However, if the kids have not been here 90 days California may refuse to hear the case and may tell her to file in Virginia. There is no criminal responsibility on the part of the family as of course they had no idea what she was going to do until after she got here. She needs to consult with a family law attorney now.
Answer Applies to: California
Replied: 8/1/2011
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
As long as your sister's husband has an address and phone where the children will be, I do not believe the matter would be considered criminal flight and concealment. However, I think your sister should consult with a VA family law attorney to ensure there are no negative legal consequences for her action. Best choice is to file a request to keep the children with her in CA. With more background information, it sounds like a protective emergency custody order would be appropriate.
Answer Applies to: California
Replied: 7/31/2011
Law Office of Patricia Van Haren
Law Office of Patricia Van Haren | Patricia Van Haren
She should immediately hire an attorney in California and file for Divorce and Custody of the children. If she does not do this, then she could be charged with parental kidnapping and her husband could end up with custody of the children. She can bring her concerns to the court and request that orders be made so that she can move with the children.
Answer Applies to: California
Replied: 7/31/2011
Law Offices of Paul A. Eads, A.P.C.
Law Offices of Paul A. Eads, A.P.C. | Paul A. Eads
Your sister has not yet met the residency requirements of the state. She can however file for legal separation and amend her petition after she has been here 6 mos.
Answer Applies to: California
Replied: 7/31/2011
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