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What Are My Options? Has My Husband Kidnapped Our Child And Isn’t This An Offense Since There’s No Date To Return My Child.

| Apr 2, 2016 | Uncategorized

Q: Father has taken our child without me knowing of the whereabouts and I have not spoken to our child, and he won’t tell me where they are. He said he wasn’t bringing back our son. My child hasn’t been in school since he took him. What options do I have? I’ve tried filing a missing report but I was told to wait until contacted.

A: David’s Answer: First, call the police. If the child was living primarily with you, then this is a crime of “custodial interference.” Second, file an emergency order to show cause & “writ of habeas corpus” in Family Court. Ask that the police assist in the service of the paperwork. If you don’t know of his whereabouts, you may also call the FBI (who handle kidnapping cases) as well as hire your own private investigator to assist with the search. Call an Orange/Westchester Family Law attorney to schedule a consult.

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