Joint custody parent moved out of State I have primary custody I allowed child to visit 1 month she refuse to send child back is that kidnapping
by 
stanyslaw
ANSWERS: 3
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You need to see what your divorce decree says about visitation. People go into courthouses everyday telling clerks that the parent has not returned the child at the scheduled time following visitation and they don't know what to do. When a custody order is violated the law requires the custodial parent/lawful custodian to first demand the return of the child. If the child has actually been stolen by the other parent you should report this to your local police department immediately. The FBI can be called in to find the fugitive parent and the child as well. The only exception to this rule is when the child is in clear and present danger (the victim of abuse or abandonment) requiring the noncustodial parent to save them. The noncustodial parent must be ready to prove this clear and present danger and they are required by Georgia law to file a petition within 96 hours. In that event, both parents will need a lawyer. Once an incident like this has happened, you may want to consider modifying the custody order.
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If you are the primary residential parent, than it's custodial interference.
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Not sure what the exact term is, but it is certainly a breach of the custodial agreement. You should contact the police in the state where the child is staying and get them involved.
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