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Can I file parental kidnapping?

Q: I have a court order for my daughter to be with me every other week for a whole week , it’s been almost 2 weeks and the child’s mother refuses to drop my child off or answer any text or calls . This isn’t the 1st time she’s ran off with my child what can I do ?

A: You wouldn’t file kidnapping or “custodial interference” charges against the custodial parent (as I’m assuming from your post the mother has primary custody). You should do 2 things: (a) fire off a “default notice” letting her know she’s in apparent violation or to immediately rectify it, or else; (b) the “or else” should be a violation petition filed in Family Court. Schedule a consult with a Bronx Child Custody attorney for a full assessment.

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