Custody & Kidnapping

Generally, although I can’t speak to your specific situation, a charge of parental kidnapping usually involves taking a child without consent of the other parent or concealing (hiding) the child. Generally, consent of the other parent may be a defense to a parental kidnapping charge. On our Crimes page, we link to the definitions of the parental kidnapping crimes in STATE SHE LEFT FROM - see here: LINK TO CRIMES PAGE (BE SURE WE HAVE THE CRIME!) To figure out what may happen if your child’s father does try to report you to the police, you may want to talk to a lawyer in STATE SHE LEFT FROM: LINK For example, a lawyer may tell you whether or not contacting the STATE SHE LEFT FROM police to give them a copy of the notarized letter in case the father does call them would be beneficial or not. [IF SHE DID NOT HAVE A NOTARIZED LETTER, CHANGE THE PRIOR SENTENCE TO REFLECT WHAT EVIDENCE OF CONSENT SHE DOES HAVE]

However, one thing that I also want to mention is that even if one parent gives consent for a child to leave the state, but then later changes his/her mind, that parent may still be able to file for custody or visitation of the child in the state where the child most recently lived. There might be some exceptions to this, and a lawyer in the child’s former state might be able to provide legal counsel in a specific situation. Also, if there is a custody order already in place, and taking the child violates the terms of that custody order, the left-behind parent may be able to file a violation petition in court for violation of the order. The parent who left could, of course, show any and all evidence showing that the other party consented to the arrangement (which could include a notarized agreement, proof that the other parent took the child to the airport for the trip, any texts, emails, voicemails, etc. agreeing or acknowledging the relocation, etc.) Hopefully, proof that the other parent consented to the move could help a parent defend an allegation of violation of a custody order but, sadly, even if permission was given to go against the terms of the order, technically, a court order is supposed to be followed unless a judge changes it. Again, talking to a lawyer may be helpful to get some specific advice.