Father refuses to give back child in Idaho

Originally Posted by BByte Why are you posting in 3rd person conversation? it's obvious that you are the mother in the tone you are writing on about yourself and father. To the poster who doesnt understand why the lawyer couldnt get anything done, there is obviously more to the story. I dont know Idaho custody law, but it may be a state where paternity is merely established by being on BC and and AOP. If that is the case then they both have an right to the child. Parental kidnapping is very misunderstood statute by both law enforcement and general public. First, without a standing court ordered and recorded custody decision, there is no such thing as parental kidnapping. Parents are seen as having equal "rights" to the child and either can go where they want, when they want with that child at any time. If, however, one parent removes the child to a second or unknown location, the purpose of which is to deny the custody or visitation of the other parent, even without a standing custody decision, it is considered parental kidnapping. In such situations, while warrants for the arrest of the absconding parent and the return of the child are being issued, the left behind parent will also be granted emergency custody. So , there's no court order custody, BUT the father has not returned the child as agreed, and is "limiting" the custody and visitation, thats the gray area with law enforcement and the usual response is "deal with it in court." Although, they tend to go after the dads in these cases and do not as aggressively pursue the mothers.... Of your lawyer isnt having success, there is more to the story.

The comment about the lawyer being able to do nothing was sardonic. Of course the lawyer couldn't help. Both parents have equal rights to the child. If it were any other scenario, the father would have been forced to give the child back or worse, been arrested for kidnapping.

They tend to go after the dad less than the mom. What a shocker.