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Custody & Kidnapping

Dad writes in - mom won't let him see kids, threatening to leave the state

In general, any parent has the right to file in court for custody and/or visitation of his/her child and a judge can grant specific visitation times and/or custody rights. You can read more about filing for custody in STATE on our WomensLaw.org website, here: LINK In many states, once a parent files for custody, the custody papers that are served on the other parent will state that s/he is automatically prohibited from leaving the state during the custody proceeding - however, I cannot say for sure if this is true for STATE. Another possibility is that a parent who fears the other parent may leave the state may be able to express this fear to the judge to ask the judge to put a temporary order in place that prohibits leaving the state during the custody proceeding. Also, in some instances, a person who is filing for visitation or custody may also be able to ask for an ex parte, temporary immediate order of visitation or custody if the children are being kept from that parent. Again, I am sorry that I can’t speak to whether or not this is possible in STATE.

Also, you may choose to get the help of a lawyer if you decide to file in court - here are links for lawyers, which may be free in some instances: LINK

Also, in some states, there may be a criminal custodial interference (parental kidnapping) law that prohibits one parent from concealing/hiding the child from the other parent. Again, I am sorry that I cannot advise you on this for STATE but hopefully a lawyer can tell your son what STATE’s custodial interference law says and whether or not the other parent may be violating it.

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