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Custody & Kidnapping

Is PK committed in the state the child is taken from or to?

Unfortunately, we cannot advise on specific situations but I can give you some information that I hope will help you. In general, custodial interference crimes that involve taking a child out of state have language that prohibits the child being removed from that state. So, if a child is removed unlawfully from State A and taken to State B, the custodial interference may be presumed to happen in State A if the parent breaks that law by removing the child unlawfully. However, this doesn’t mean that there may not be other crimes or violations committed in other states stemming from the same action. For example, there may be a court custody/visitation order from another state that may be violated due to the action of removing the child and so perhaps there may be another crime of civil contempt occurring in the state that issued the court order. Or if a child is harmed in the state s/he is taken to, for example, another crime may be committed in that state. For specific advice on your situation, you may want to talk to a lawyer in the state. Here is a link for lawyers in STATE: LINK