Custody & Kidnapping

Although I cannot speak to your specific situation, generally speaking, a parent may be able to do what s/he likes with the child while s/he has the child during his/her designated custody time once there is a final order of custody. (If there is an ongoing custody proceeding in the courts, many courts will order that the parties not remove a child from the state during an ongoing proceeding.) The parent who has the child generally has the right to make basic daily decisions about the child such as what the child does, what the child eats, when s/he goes to sleep, and where the child goes without asking permission from the other parent. So, if a parent wants to leave the state, s/he may be able to do so as long as it doesn’t interfere with the other parent’s visitation/parenting time with the child - however, as I said, I cannot speak to your specific situation since I can’t give legal advice. Also, in some instances, custody orders may have specific limitations about traveling with a child without the other parent’s agreement or without prior notice to the other parent.

Sometimes when someone is worried about taking the child out of the state, it may be because the parent worries about violating any sort of parental kidnapping laws. Although I can’t evaluate your situation, many states’ laws against parental kidnapping involve taking a child out of state for a long period of time,concealing the child from the other parent, and/or violating a current custody order. Here is a link to the parental kidnapping law in your state if you want to see it :LINK However, these types of laws are often hard to interpret and easy to misinterpret and so we suggest reviewing it with a lawyer if you are concerned about it. If you would like to speak to a lawyer, you can search for one in your area here: LINK

[ADD IF IT’S THE WRITER WHO IS LEAVING: If you are worried about being accused of wrongdoing for leaving with your child, you may want to check with a lawyer in your state to be sure that there is nothing preventing you from leaving the state for short trips. Hopefully a lawyer can advise you on your state’s parental kidnapping laws and review any limitations that may be in place from your custody order or from the court.]

Sometimes it is helpful to gather any evidence in writing (such as text messages, emails, etc.) that show the other parent’s agreement for the child to leave the state as well as anything in writing in which the custodial parent informed the other parent of the child’s return date. Having this evidence may be useful if the other parent tries to go to court over the matter. Sometimes, showing a return plane ticket to the other parent, may put the other parent at ease that the child will return - however, this may not be a good option for everyone. In some instances, the custodial parent may even choose to notify the local police ahead of time of the situation if the parent fears that the other parent may try to report the situation to the police. However, involving the police in any situation can have pros and cons and we suggest that people consult with a lawyer ahead of time to think through the pros and cons in such a situation (before consulting with police).

[CAN ADD THIS IF IT SEEMS THAT THE PERSON MAY BE THINKING OF LEAVING TO ANOTHER STATE MORE PERMANENTLY: Whether or not a person can make a more permanent move to a new state with a child is also a complicated legal question, and again, you may want to talk to a lawyer before making any decisions. Often times, when parents have a court order for custody, the order might already say whether either parent is allowed to leave the state or not. If the order doesn’t’t say anything about moving or if it says the parent cannot move, the parent may have to apply in court to modify (change) the order to try to get permission to relocate from the court. Or the state may have a procedure that the parent is supposed to follow before going to court, such as sending a notice of the intended move to the other parent that meets certain requirements. [SEE IF WE HAVE INFO ON A NOTICE REQUIREMENT AND LINK TO IT. IF NOT, SAY: I don’t know what STATE requires so you may want to ask an attorney for advice in your particular case]. In the case where a judge is deciding whether or not a parent can move, the judge will typically make this decision by considering whether or not moving is in the child’s best interest. There are often many factors that a judge will consider in making this determination - some possible examples might include 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. I can’t say for sure what the judge in STATE will consider - these are just some general examples that may come up in some parents’ situations.]