Full question:
My ex Girl friend left me and my 4 month old little girl on a Friday. Saturday she told me she wanted to take the child but would not bring her back at a decent hour. I told her no, her parents then came over and only with permission to see the baby went into the house and kidnapped the baby. The child was carried by my ex's mother's side like alittle football and thrown into the back of one of the vehicles. My ex's father then grabbed my father and threw his accross the driveway. He then got into his vehicle and tried to run me over. The child was in no danger under my care and my ex's excuse was 'just wanting to see the child.Is there any assults, endangerment of a child, or kidnapping here that would likely be prossecutable? Would any of these strenghten my case for full custody?
- Category: Criminal
- Date:
- State: National
Answer:
I am prohibited from giving a legal opinion. It will be a matter of subjective determination for the court, based on all the facts and circumstances involved. Assault involves an attempt to cause physical harm to another. It may be intentional or by extreme carelessness. Throwing someone across a driveway may be considered assault, especially if not done in self-defense. Attempting to run someone over with a car may also be considered assault. A person who lacks rights to custody and forcefully takes a child from another who has lawful custody and is not placing the child in harm may be charged with kidnapping or unlawful interference with custody. A grandparent typically needs a court order to have custodial rights. Child endangerment involves actions that unreasonably place a child at risk of harm.
It will be up to law enforcement to decide whether to press charges if you decide to file a complaint. They will need to have more than a mere suspicion that a crime is committed to have probable cause for an arrest. If an arrest is made, it will be up to the court to decide if
the arrest was made on reliable, objective evidence.
The overall factor considered in a custody dispute is the best interest of the child. If a parent has been convicted of child endangerment, child abuse, or kidnapping charges, it is a factor that may be considered by the court. The court is empowered to consider any factor
that bears on the child's welfare. I suggest you contact a local attorney who can review all the facts, documents, and circumstances involved.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
