Custody & Kidnapping

Generally, many states consider parents to have equal rights to a child so that either parent can have the child in his/her care. However, there can also be custodial interference/parental kidnapping laws that may apply when one parent conceals or takes the child away from the other parent. Here is a link with your state’s custodial interference law: LINK FROM CRIMES PAGE However, parental kidnapping laws are often hard to interpret and easy to misinterpret and so we suggest that you talk to a lawyer in your county who specializes in custody matters to get advice as to whether or not this applies to your situation.

If one parent is thinking of moving out of state with a child against the other parent’s wishes, often the parent who disagrees with the move may be able to file in court to try to stop the move. It could be that the parent may decide to file for custody, visitation, or some other type of petition in which s/he may be able to ask the judge to order that the child must remain in the state until a final court order is issued.

When it is a father who is filing for this, in some states, he may have to prove that his paternity was already established or he may be able to file for paternity (if it wasn’t established) at the same. Do you know if your paternity was established at the child’s birth, through a child support order, or in some other way? If you are not sure, you may want to talk to a lawyer to see whether or not your paternity was established and what effect, if any, it may have on your ability to file in court to try to prevent a move.

If the parent has or gets a custody or visitation order over the child and there is some type of fixed schedule, the other parent may have to ask for permission from the judge to relocate or take some other steps required by law (such as notifying the other parent in writing, for example). The judge will consider a lot of factors such when deciding whether or not to allow the move, specifically focusing on whether or not it is in the child’s best interest to move.

If the parent has already taken the children out of state before the other parent files, the left-behind parent can generally can still file in court in the state where the child lived for the past 6 consecutive months. Then the other parent may have to return to the state to hear the custody case. Often, a judge may order that the child remain in the state until the case is resolved, but this may depend on the state’s laws. I cannot speak to what may happen in your state or your specific situation. Here is a link for lawyers in your state if you want to get legal advice or representation about your specific case: LINK and here is a link with information about custody in your state: LINK