LackingUtility t1_j2jtuuo wrote on January 1, 2023 at 9:37 PM

Reply to comment by ItalianMama95 in Homeless with a 3 year old by ItalianMama95

I don’t know about your situation, but I am a Massachusetts lawyer. Everything you’ve said suggests that you’re wrong about the possibility of kidnapping charges, but that you will be putting your child in danger and likely lose custody if you do come to Massachusetts and live in your car.

SpindriftRascal t1_j2jvhz1 wrote on January 1, 2023 at 9:48 PM

On the given facts, OP is not wrong about the possibility of a kidnapping charge. See 18 USC 1204.

Of course, we have no way of predicting whether the father would file a complaint, or whether it would actually lead to an IPK charge, but it’s certainly possible. OP’s mention of kidnapping suggests to me that it has come up as a topic and she is wise to aware of the possibility.

LackingUtility t1_j2jvvm9 wrote on January 1, 2023 at 9:51 PM

Staying in the UK where the child is not homeless would likely not be considered intent to deprive the father of parental rights though. OP would also have a necessity defense.

SpindriftRascal t1_j2jwepj wrote on January 1, 2023 at 9:54 PM

Sure, I’d make that argument. But she doesn’t want to be in position to have to argue that, does she? I’m not opining on what she should do. I’m just pointing out that an IPK charge is certainly possible in this situation.

Edit: correcting omission of the word “in.”

LackingUtility t1_j2k1bt7 wrote on January 1, 2023 at 10:28 PM

She may…. We don’t have all the facts, hence why OP should talk to a lawyer.

But OP has ignored that advice every time it’s been given. I wonder if the kid wouldn’t be better off with the father.

ItalianMama95 OP t1_j2jzoz6 wrote on January 1, 2023 at 10:17 PM

Yes it has definitely come up in topic before hence why I am so cautious about it. Yes I know it is a real possibility as I have looked into. I have pleaded and begged his father to let me stay here or to take his son full time and he refuses. It’s all part of his control over me still from the abusive relationship.

Any_Strawberry5747 t1_j2kdvbi wrote on January 1, 2023 at 11:55 PM

Could this lawyer be any help? This lawyer is right that she is wrong about the possibility of kidnapping charges. The charges will go toward to the father for putting child in danger by putting you both without a roof to live on plus he has to pay child support so there is money which will get you place to stay.

The court system is more interested in seeing the mother and child have shelter than seeing them live in the car.

It sounded more of the father threatening which could get the father in trouble.

I d pray that the mother and the child will have shelter than seeing them living in the car.