Custody & Kidnapping

Did the judge say anything about both parties being not allowed to remove the child from the jurisdiction (state) while the case is in the courts? The reason that I ask is that in many states, when a divorce or custody case is filed, automatic orders go into effect that says that the parents are not allowed to remove the child from the state during the case. Often, this prohibition is written into the court papers that are filed or served. If you are not sure, you may want to look at all of the court papers that were filed to see if it mentions anything about removing the child from the jurisdiction.

Although I cannot speak to your state’s laws or your situation in particular, when one parent leaves the state with a child without the court’s permission, it may be possible that the other parent may report it to the authorities. Each state has a different law on parental kidnapping (also known as custodial interference) and so the language of the law may determine whether the parent’s actions violate the law or not. In general, if someone reports a possible crime to law enforcement, the police may evaluate whether the person’s actions violate the law and the district attorney may decide whether or not to prosecute. Here is the law related to custodial interference in STATE: LINK However, these types of laws are difficult to interpret and easy to misinterpret and so you may want to talk to a lawyer to see if it applies to you or not.

Also, if there is a current court order for custody or a prohibition from the court to take a child out of state, it may be possible that moving without first modifying the order to ask for permission may be considered contempt of court – again, this will vary by state and may even vary by case, depending on what the custody order says. You may want to talk to a lawyer in the state that you left from as soon as you can to see what your state’s laws say about parental kidnapping and whether your actions violated the law – if so, you may want to get advice as to what you can do about it now. You may also want to show your custody order to the lawyer to see if your actions violated the custody order, and if so, what possible penalties you may face if the other parent accuses you of contempt of court. Here is a link for lawyers, some of which are free or low-cost if you qualify: LINK

If you are in a domestic violence situation and you want more information on temporary, emergency custody in another state, you can contact the Legal Resource Center on Violence Against Women, which can sometimes help find lawyers and provide information for interstate custody cases involving abused women. Their contact info is:
www.lrcvaw.org
800-556-4053 (Monday-Friday, 9-5 EST)

Also, if you are a domestic violence victim, there is a non-profit organization called Greater Boston Legal Services that has a “Relocation Counseling Project,” which provides information to domestic violence victims in any state who are fleeing abuse and relocating. Although they don’t provide direct legal representation, they can help you think through your options with an eye towards keeping you safe. They can work with local domestic violence programs to find safe and affordable places with the best privacy options based on relevant state laws, Address Confidentiality Programs, DMV procedures that are friendly, etc. They can be reached at 1-800-323-3205.

Another resource for you may possibly be the National Clearinghouse for the Defense of Battered Women (NCDBW) if you think that there may be a warrant out for your arrest if you have already violated the court order of custody/visitation or if you believe that you are being charged with parental kidnapping. They help battered women charged with crimes that are related to the domestic violence so if you fled due to domestic violence, perhaps you can talk to them to see if this may possibly be a defense to the crime or to try to get other legal help. If you do not know if there is a warrant out for you for violating the order or for parental kidnapping, you may want to let the NCDBW know that you are unsure if there is a warrant but you wanted to talk to someone in case there is one. Their number is either 800-903-0111 x3 or 215-351-0010.

Lastly, the Battered Women’s Justice Project has a hotline from 8:30AM-4:30PM, CT, at 800-903-0111, ext 1. They may be able to help you plan for your safety and clarify your options regarding legal actions.

To read more about custody laws in your state, see LINK