re: Friend getting divorced has a plan to get his daughter

Are they in Louisiana? If they are and there is no custody papers drawn up, then there isn't anything that anybody can do to take his kid away. If he goes and picks up his own kid from someone it is not kidnapping. It is kidnapping if he goes to get his kid from a babysitter and she refuses to give the child.

The mother and the father have equal rights to the kid, so this is NOT kidnapping (in Louisiana at least). He could go and take the kid from the babysitter and the mom can't send the cops or anybody to get the kid back.

Even with court papers, unless those papers say that the dad has zero rights to the kid, the cops can't come take the kid away from the father if he doesn't return the kid. It's a civil matter, not a criminal matter, and the mother would have to document the wrong doings, according to the judges ruling, and they go back to court.

Now is going snatch the kid away the best idea? Probably not....but he is doing nothing criminal by doing so.