Custody & Kidnapping

NOTE: THIS ADDRESSES A SITUATION WHERE THE FATHER ALREADY WASN’T LETTING MOM SEE THE KIDS AND NOW PLANS TO GO OUT OF STATE - IF BOTH ISSUES AREN’T IN THE EMAIL, BE SURE TO REMOVE THE PART ABOUT HIM NOT LETTING HER SEE THE KIDS

I am not sure if you are asking if the father can move the children out of state or if he can just take the children out of state for a brief trip. I will try to address both but feel free to write back if you have further questions or want to clarify your situation.

In general, most states assume married parents to have equal rights to their children. In many states, generally a parent might not need permission to go to another state for a short period of time with his/her child unless there is some sort of active court case that prohibits a parent from taking the child out of the jurisdiction (state). However, if a parent were planning on moving somewhere with the child, or staying out of state for a long period of time, this might raise more possible problems - but I can’t say for sure.

Whether or not a parent can take a child out of state for a long period of time (or even conceal a child for a short period of time) may depend on the exact language of the state’s custodial interference/parental kidnapping laws, which can apply to married and unmarried parents. Often, in many states, there is specific language about taking or concealing a child for a period of time from someone who has a right to custody. The language of the parental kidnapping law in STATE is on our website here: LINK However, parental kidnapping laws are hard to interpret and easy to misinterpret and so you may want to talk to a lawyer in your state who can advise you about this to be certain. An attorney who is knowledgeable about your state’s laws can hopefully tell you whether or not what your spouse is doing is against the law and what steps you can take to try to get your child back.

And even if a lawyer tells you that the father’s behavior is “legal,” an attorney may be able to advise you as to whether or not you should file for custody in court or take any other immediate action. Generally, a parent files for custody in the place where the child most recently lived for the past 6 months (the “home state”) or in the court house where any prior custody orders were already issued. Here is some information about custody in STATE: LINK

You mentioned that the father has been keeping the children from you - have you thought about whether or not you want to file for custody in court to get a specific order that would give you specific time with your children? 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. If you are thinking of filing for custody (including a possible temporary custody order), you may want to get representation from an attorney. Here is a link for lawyers, some of which are free or low-cost: LINK