QUESTION

Is it Parental Kidnapping

Asked on Dec 23rd, 2015 on Family Law - Florida
More details to this question:
I just found out from a freind of my oldest daughter's.that she is being abused by her dad and stepmom .She is being told that she is worthless that she is a monster that she has no freinds and she is being threatened by the stepmom. Last weekend i was told that the stepmom threw a heavy box at my daughter and tells her she's stupid and usless and she tells my youngest who is 14 that she is stupid and usless and she slapped her and made her cry and her Dad stood there and watched .I was talking to my girls secretly because my girls are so scared of what there Dad and stepmom will do to them .They have been lied to for years being told that i wanted nothing to do with them and i hated them and then I was being told they hated me and wanted nothing to do with me .ALL LIES My oldest is 15 and she is severly depressed because of what is going on in that house.I am in FEAR for there saftey can I go down to Fla and get them and bring them here to Pa with me? Would that be parental kidnapping
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1 ANSWER

If you have court-ordered timesharing with the children in PA, you should exercise that timesharing.  Once you have the children, you could file a modification petition in the court of jurisdiction along with an emergency motion to temporarily keep the children on the grounds that their safety is at risk if they were to be returned to the father.  Of course, you do not need to have the children in your custody in order to file a modification petition.  You could also contact the Department of Children and Families in the jurisdiction where the children live with their father, and inform them of the abuse and mistreatment.  While it may or may not be parental kidnapping (depending upon all the circumstances), it would not be wise to simply pick up the children and remove them from their father's court-ordered timesharing unless they are at imminent risk of physical harm.  Ylou should definitely contact an attorney to assist and guide you with these matters. 
Answered on Dec 24th, 2015 at 7:38 AM

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