Yesterday my wife told me she was going shopping, but instead she ended up taking our two children out of state. Now she’s saying she needs a break and won’t come back until she’s ready.
Is this considered parental kidnapping? If so, what can I do about it?
Please be aware that I cannot give legal advice based on contact from the website and can only provide general tips regarding your situation.
Yes, it could be considered kidnapping, though the likelihood of you getting any formal help from law enforcement is low since the kids are with a parent and not in danger. You need to file a custody action in your state as quickly as possible, and obtain a warrant requiring local law enforcement to help you obtain possession of the children. Right now, the state you reside in has jurisdiction over the children, but you could lose this advantage if you wait too long to file.
Family law is based on statutes that are state specific. I am licensed to practice in Nebraska and am not able to give specific and detailed legal advice regarding your situation. You need to contact an attorney licensed in your state who specializes in domestic litigation.