Custody & Kidnapping

Although I cannot speak to your specific situation, in general, if people are legally married, most states consider the parents to have equal rights to the child so that either parent may be able to have the child in his/her possession. However, many states also have parental kidnapping/custodial interference laws that apply to married couples as well as unmarried couples that may prohibit certain behaviors (such as concealing the whereabouts of the child, for example).  Here is a link to OLD STATE’s law that involve parental kidnapping [LINK to STATUTE - LOOK ON CRIMES PAGE TO FIND IT.] Since I cannot provide legal advice, I cannot tell you if this parental kidnapping law may or may not apply to your situation. You may want to ask an attorney if based on OLD STATE’s law, if your behavior may possibly be illegal or not and what steps to take.  You can find free and low cost lawyers on our website. [HYPERLINK] 

Also, 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.

In many situations, before leaving the state, a lawyer may advise his/her client to file for custody in court and seek permission from the judge to move out of state. In some situations, a person who leaves the state without a custody order may be able to file for temporary emergency custody in the new state if the child or the parent is in danger of abuse. However, it is often best to talk to a lawyer for advice prior to trying to get emergency custody to see what the possibility of success is.  Here is a link for lawyers in NEW STATE in case you want to talk to a lawyer in your current state. [HYPERLINK]

Also, one thing to note is that if a parent leaves without a court order, during the first 6 months that s/he is in the new state with the child, either parent can usually file for custody in the prior state and the parent who moved out may have to return to that state for the court dates. It is possible that a judge might even rule that the children have to stay in the old state during the court proceeding or longer if the permission to move is ultimately denied.