Is it kidnapping if....

Question

My ex and I had an argument today about.. who knows. He wants me back and I hate him. Anyway, we had plans that I would go get our son from daycare and drop him off at his house and come get him after a couple hours. My ex told me (since he gets off first ) that he's going to go get him instead (in an angry way). I told him that I DO NOT want him to go get him from daycare b/c he drives crazy when he's mad and that I will go get him and drop him off as planned. I also said that if he goes and picks him up after I told him not to, then I would come straight there after work and take our son home. That's when he said "well, I may or may not be there." Is it kidnapping if I tell him he's not allowed to pick up our son and take him and he does anyway?? We were NEVER married and he has no logal rights to that child AT ALL. His name is on the list to check him out from daycare b/c he is his father. Can I have him arrested if he takes my son without my permission???

Answer 1

You should probably ask this to a cop and not leave something so serious in the hands of a complete stranger.

Call your local PD's non-emergency line.

Answer 2

Is he the father? I dont know if can arest him, but if he isent, he shouldnt have the right just because he has no legal rights.

Answer 3

Call your son's daycare right now and take his name off the ok list for pick-up.  They shouldn't release your son to him; if they do, they'll be legally liable.  

Answer 4

call the police

Answer 5

Yes, technically.  But if you hate him and want him out of your son's life, why are you allowing him access?  Why are you putting his name on the pick up list?

Also, if you DO want him in your son's life, why do you want him arrested?

You can't just go around arresting people when they make you mad.  That is very irresponsible of you.

Answer 6

Goodlord, just play tug a war with the boy and one of you take his upper body while the other of you takes his legs. This is outrageous

Answer 7

I don't know why you think he has no legal rights to the child. If he is the child's biological father, he has the exact same rights to him as you have, unless a court has decided otherwise.

As a very brief answer to your question, no, doing what you described is not kidnapping.

Answer 8

Technically no it isn't if there aren't any arrangements as to which parent has sole custody of the child...Call the daycare and let them know that you will be picking your child up today and would rather not have him pick the child up...

Answer 9

you need to go to custody court

Answer 10

if he signed the birht certificate he has legal rights....since he is on the daycare list he can pick him up but if he dont bring him back to you later then its a problem but probably not much they could.....you might want to be on the phone with the police or a lawyer just in case laws are different where you are....i wouldnt be on the computer asking random people

Answer 11

If he's the father, he DOES have legal rights unless there is something otherwise spelled out in a court order. And if you have his name on the list, he's within his legal rights to pick him up.

Sorry....I'd take off work and go pick him up now.

Answer 12

YEA YOU CAN .

But .. he does have the right to see his son ..

but in the case of him leaving with your son with out your permission

wheather it is in the state you live or not . yes he can get in BIG  trouble !

Answer 13

Doubtful you can charge him with kidnapping since you have given him permission to get him from daycare by having him on the list. Why don't you simply ask the daycare not to release your son into the custody of your ex on that specific day? That's the easiest way around the situation.

You might wish to consider the long term affects of any action you take concerning this matter, too. You don't want to do something out of anger which might make problems later on.

Answer 14

That is a really tough ? and you have every right to cross him off from the list! You should talk to who ever is in charge at the day care as soon as you get a chance!

Good Luck!

Answer 15

I think it's only considered kidnapping if he takes him out of the state.  

Cops consider matters like these 'civil' not 'criminal'... they'll tell you to take the matter to court if you want to restrict him from having access, but as far as they're concerned, he has rights to the child just as you do.

However, with that said, if you are concerned for your child's safety, call the cops and ask for their assistance.  

Answer 16

You should call your police department and explain the situation. They will be able to help you out and it'll be safest for your son.  

Answer 17

uhhh yeah! Get your son back!

Answer 18

it sounds like it can be considered unless hes on the birth certificate i think

if anything call the llocal precinct and ask

Answer 19

No, it's not kidnapping, as neither of you has court ordered rights.

Baby belongs to both of you, at this point, and you get to hash things out with baby in the middle...

Answer 20

If he has no legal rights then yes. I think he can.

Answer 21

call the daycare first and tell them that your child's father is threatening to kidnap him and that if he shows up to take your child, to tell him 'no,' and call the police if he starts arguing

Answer 22

That sounds very scary. Are you close with your daycare providers? Are you able to explain the situation and change your child's pick up list over the phone? That's what i would do. Call the daycare and change the list immeadiatley- that way if he does try- they can dutifuly refuse and get local authorites involved ( if needed). Hope this helps :)

Answer 23

Umm... no. He's told you and he's not "hiding" or running away with your son.

Answer 24

yes, but dont call the cops just cuz ur mad, obviously he's gonna return him, if u think he really is kidnapping him then call the police, but dont waste their time. why dont u call ur local police station & ask them about it

Answer 25

You are wrong...he DOES have legal rights to the child because he IS the father.  You need to seek legal advise, right now, if you want to restrict him from seeing his child.

Do not put the daycare in the middle of this either.  You must handle it yourself.

Answer 26

Since he does not have any rights, then I say you do---though maybe it's not called complete kidnapping. Call the cops and explain to them about everything, asking them the same question you just asked us. The cops will give you a better answer and help you better then any of us can.

Answer 27

well i am not sure but if he takes your son away from u i would get is license plate # so the police and track him down easier (if he took your son) but  if i where you i would go earlier and get ur son before you do and tell them on the list to change his name to urs  i am only 12 but anyways good luck<3

Answer 28

Call the daycare and ttell them you do not want him to be picked up by him!!! You are just protecting your child, because you are worried about the way he drives.  

Answer 29

not unless you get a restraining order against the guy.

Answer 30

You did say that the fathers name was on the pick up list. That would probably be something that the police would look at if you reported that he kidnapped your son. You might want to take the fathers name off of the pick up list and put some one like some one from your family to pick up your son.

Answer 31

no he's his father.. no matter if you like him or not... now when it's time for u to pick him up if he's not there then i woould get nervous.. y get the cops involved?? the the daycare will be worried it will turn into a HUGE mess... think this threw b4 u act... good luck