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 cannot provide legal opinions, but I can share some general information. Assault involves attempting to cause physical harm, intentionally or through extreme carelessness. Throwing someone across a driveway may qualify as assault, especially if not in self-defense. Attempting to run someone over with a vehicle can also be considered assault.
If someone without custody rights forcibly takes a child from a lawful custodian, they may face charges of kidnapping or unlawful interference with custody. Typically, grandparents need a court order for custodial rights.
Child endangerment refers to actions that unreasonably put a child at risk of harm. Law enforcement will decide if they have enough evidence to press charges based on your complaint. They need more than mere suspicion to establish probable cause for an arrest. If an arrest occurs, the court will determine if it was based on reliable evidence.
In custody disputes, the child's best interest is the primary concern. If a parent has been convicted of child endangerment, abuse, or kidnapping, this may influence custody decisions. Courts consider any factors affecting the child's welfare. I recommend consulting a local attorney who can review the specifics of your situation.
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.