QUESTION
Is it considered kidnapping if I take my daughter under CPS from one state to another?
Asked on Nov 16th, 2013 on Child Custody - Oregon
More details to this question:
I was wondering, my daughter is in Child Protective Services in CA for her grandparents sexually assaulting her. Is it illegal for me to go get my daughter and bring her back to Oregon? What would the consequences be if I did? Would they really come from Southern California to Northern Oregon to take her back to a foster home? I am the mother.
2 ANSWERS
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You cannot move her without court permission. If you do, you will likely lose any right to custody or visitation. They will ABSOLUTELY come and find her and bring her back and you could face criminal charges.
Answered on Nov 19th, 2013 at 9:47 PM
Your answer depends on how and why your daughter was placed with her grandparents by CPS in the first place instead of your custody (or her father as well). If there is a court order that the child was placed with her grandparents because you did something wrong or the court found that you created some sort of inappropriate situation, that order would have to be addressed before that court before you could remove your daughter from that specific jurisdiction.
Answered on Nov 19th, 2013 at 9:46 PM