questions & answers

Question: We have been married for 11 years. We have 4 children. While I was very sick with the fatal kind of valley fever, she claimed to have a family reunion to go to 2000 miles away. She took the children with her but never returned home. Says she has a lover from online and I can never see them again. I am not allowed to speak to my kids, do not have their address and am not allowed to write to them. My calls go unanswered or get hung up on. She is suing for child support even though I am not allowed any contact. I need help, it is like my kids were kidnapped. What should I do?

Answer:

Arizona Revised Statues defines kidnapping under ARS §13-1304 in the following way: A. A person commits kidnapping by knowingly restraining another person with the intent to: 1. Hold the victim for ransom, as a shield or hostage; or 2. Hold the victim for involuntary servitude; or 3. Inflict death, physical injury or a sexual offense on the victim, or to otherwise aid in the commission of a felony; or 4. Place the victim or a third person in reasonable apprehension of imminent physical injury to the victim or the third person; or 5. Interfere with the performance of a governmental or political function; or 6. Seize or exercise control over any airplane, train, bus, ship or other vehicle. B. Kidnapping is a class 2 felony unless the victim is released voluntarily by the defendant without physical injury in a safe place before arrest and before accomplishing any of the further enumerated offenses in subsection A of this section in which case it is a class 4 felony. If the victim is released pursuant to an agreement with the state and without any physical injury, it is a class 3 felony. If the victim is under fifteen years of age kidnapping is a class 2 felony punishable pursuant to section 13-705.

The sentence for kidnapping of a victim under fifteen years of age shall run consecutively to any other sentence imposed on the defendant and to any undischarged term of imprisonment of the defendant. If you feel that your children have been kidnapped, you should contact the police right away. For information on child custody, please begin by reviewing the articles on this website. For more information please review Arizona Revised Statues, Title 25 Marital and Domestic Relations.  Family legal matters can be very complex. If you feel you need to obtain a lawyer, please visit the portion of our website that explains legal aid options that may be available.