Custody & Kidnapping

Although I cannot advise you on your particular situation, in general, many states assume the parents to have equal rights to a child once the father’s paternity is legally established so that either parent may be able to make decisions regarding the child without needing “permission” from the other parent. However, in some situations, whether or not a parent can leave for a brief time with his/her child may depend on the exact language of the state’s custodial interference/parental kidnapping laws, which can apply to married and unmarried parents. In many states, generally, a parent might not need permission to go to another state for a brief period of time but rather it is when the parent plans to move out of state or stay for a prolonged period of time where the situation could become more complicated. In that case, the left-behind parent may decide to file for custody or visitation and ask the court to order the other parent to return the child to the “home state.” In some situations, the left-behind parent may even try to report the other parent to the police to allege some sort of parental kidnapping/custodial interference - this is why it is useful to know exactly what the state’s parental kidnapping laws actually prohibit and allow. Often there is specific language in the custodial interference law about taking a child for a period of time from someone who has a right to custody (although most states also involve some sort of intention to hide/conceal the child) – – if you are very concerned about the possibility that the father may learn that you have taken the child out of state and try to file a report for parental kidnapping, you may want to talk to a lawyer in your state who can advise you about whether or not you need to be concerned about this based on your state laws and on your specific situation.

However, since I can’t give any sort of advice or opinion, I can’t say for sure how leaving briefly with a child would be viewed in your state. It is important to talk to an attorney who is familiar with your state’s laws to know for sure. Here is a link for lawyers, some of which may be free or low cost if you want to get advice before leaving with your child:LINK

Also, in some states, if a person who wants to take a trip with a child strongly believes that the other parent may try to call the police, the person leaving may choose to notify the local police of the trip and the return date in the hope that this information would be referred to by the police if such a report is made by the other parent. However, whether or not this is a good idea in each specific situation may depend on a lot of different factors and so again, if you are going to talk to a lawyer, perhaps the lawyer can inform you as to whether or not this may be beneficial or not for your particular situation.

ADD THIS IF YOU SUSPECT MAY BE DV:
Lastly, if  you are in a domestic violence situation, we have information on our website about ways to stay safe (http://www.womenslaw.org/simple.php?sitemap_id=3) as well as information on protection orders, which can remove a partner from the home, order him/her to have no contact with the petitioner, and more protections - see here: LINK And for local support, we have local domestic violence organizations here:LINK