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Custody & Kidnapping

Mother let child visit father in another state. Father says cannot have child back. NO CUSTODY ORDER

If you believe that the other parent would refuse to let your child come back with you but you want to bring her back, you may want to talk to a lawyer (LINK) to get advice on your next steps. If the other parent is listed on the birth certificate, for example, it’s possible that the law would still regard the other parent as having equal parental rights even if they were not active in the child’s life. Therefore, if the other parent refuses to allow your child to go with you and if you were to call the police, it’s not clear if the police would take action or if they’d advise you to file for custody in court.

In general, a parent who wants his/her child back from the other parent may decide to file a petition for custody in the child’s “home state.” In some states, when filing for custody, the person can ask the court clerk how to see the judge immediately to request an immediate temporary (ex parte) custody order while awaiting the court date. In some states, a judge may only issue this type of temporary order is a child is in danger or potential danger but each state’s standard for issuing temporary custody is different. Hopefully an attorney can advise you on whether this is possible in your state and your situation.

In general, the last state where a child has lived with his/her parent for 6 consecutive months is generally considered the child’s “home state” and the state that has jurisdiction (power) over the child for custody matters. Therefore, if either parent wanted to file for custody of the child, s/he may generally have to file in the home state until a new home state is established but there may be exceptions to this general rule. Here is a link with some information about custody [LINK] in case you end up having to go to court to file.

Also, there is an organization called the Legal Resource Center for Violence Against Women, which specializes in interstate custody matters for abused women (I am not sure if you were abused in your relationship). Their number is 301-270-1550.

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