Custody & Kidnapping

I am not sure if you are asking about how to move out of state with your child or if you just plan to go on a brief trip to another state. I will try to address both but feel free to write back if you have further questions or want to clarify your situation.

In general, most states assume married parents to have equal rights to their children. In many states, generally a parent might not need permission to go to another state for a short period of time with his/her child unless there is some sort of active court case that prohibits a parent from taking the child out of the jurisdiction (state). However, if a parent were planning on moving somewhere with the child, or staying out of state for a long period of time, this might raise more possible problems but I can’t say for sure.

Whether or not a parent can take a child out of state for a long period of time (or even conceal a child for a short period of time) may depend on the exact language of the state’s custodial interference/parental kidnapping laws, which can apply to married and unmarried parents. Often, in many states, there is specific language about taking or concealing a child for a period of time from someone who has a right to custody. The language of the parental kidnapping law in STATE is on our website here: LINK However, parental kidnapping laws are hard to interpret and easy to misinterpret and so you may want to talk to a lawyer in your state who can advise you about this to be certain. An attorney who is knowledgeable about your state’s laws can hopefully tell you whether or not your plan is against the law or not or what steps you can take to try to minimize any possible legal problems with the other parent.

However, one important thing to consider is that often times in many states, once a divorce or custody case is filed, both parents may be prohibited from removing the child from the jurisdiction (the state) for any reason. I don’t know what your state’s rules are about this but an attorney could tell you.

For parents who are thinking of filing for divorce and then moving out of state with a child, generally, custody can be filed for as part of a divorce and a parent can request permission from the judge to move out the child of state. A lot of times in a divorce proceeding, a custody agreement is negotiated between the parties before a divorce is final. Sometimes, the parties can work out an agreement that would allow one spouse to move out of state while the case proceeds and to set up visitation for the other parent. However, if both parents can’t agree on custody or the issue of moving, it could go to trial and the judge would eventually decide whether or not to allow a parent to move the child out of state. Some possible things parents may generally show as reasons for a move are that the child would be attending a better school (e.g., if the school is ranked higher that a child’s current school, is safer, etc.); that the parent and child would be in a better economic or professional situation; that there is extended family support there; the neighborhood is safer, etc. In terms of your specific situation, you may want to get an attorney to advise you on how to best present your argument for moving, what information you can gather to help your case, etc. Again, I can’t say for sure what the judge in your state will consider - these are just some general examples that may come up in some parents’ situations. Here is a link for custody information in STATE: LINK and here is a link to divorce information: LINK Lastly, here is a link for lawyers where you can hopefully get advice: LINK