Full question:
If both you and ex-wife are co-guardians of a 19 year old son with a disability and you go to the home where he resides with his mother because he asked you to pick him up, is it legal to be given a summons for abduction when he walked out of mother's house of his own volition? His mother is a detective on the County Sheriff's Department and there is NO restraining order against me to be on the property. She had police friends give me a summons. Thank you...
- Category: Criminal
- Date:
- State: Virginia
Answer:
The legality of your situation depends on various factors, particularly regarding your custody rights. While we cannot provide a legal opinion, we can offer general information. Typically, a child under a parent's custody does not have the authority to decide where they live, meaning their wishes alone may not prevent an abduction charge.
Consulting a local attorney is advisable, as they can examine all relevant facts and documents. In Virginia, abduction is defined under § 18.2-47, which states that taking or detaining a person without legal justification can be considered abduction. If a parent commits this act, it may be classified as a misdemeanor or felony, depending on the circumstances.
Additionally, § 18.2-49.1 addresses violations of custody and visitation orders, indicating that knowingly withholding a child in violation of a court order can lead to criminal charges.
For specific legal guidance, please consult a qualified attorney in your area.
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.