Custody & Kidnapping

In general, a person can usually file for an order of protection from the state s/he lives in or from the state s/he fled to even if s/he recently fled there. Here is information on protection orders in STATE: LINK and STATE: LINK. You may want to look at the grounds for getting an order of protection in each state to see where you think you may qualify, which will be listed in those links I gave you under the question “What is the definition of domestic violence in [state]?” Deciding where to file may be part of a safety plan that you make with an advocate at a domestic violence organization or with a lawyer who specializes in domestic violence issues - you may be able to find both here:LINK and here is a link on safety planning: LINK

In terms of visitation, do you think this is something that you and he will be able to work out and agree on. Or do you think that he may file in court for visitation or custody – or even do you think he may try to report you to the police for fleeing the state with your child. In general, a parent can file for custody or visitation in the child’s home state, which is usually the state where the child lived for the last 6 months, consecutively (although there may be exceptions to this). Here is information on custody in OLD STATE in case you or your boyfriend decide to file:LINK In general, if a mother wants to move a child out of state, it could be possible that s/he may have to ask permission from a court to do so if the father’s paternity has been established and if the father does not agree – this may depend, in part, on the state’s laws on who is considered to have custody of the child when the parents are unmarried. Depending on the state’s law on parental kidnapping, s/he may be at risk of being accused of such a crime. Here is some more information on this topic: Although I cannot speak to your state’s laws or your situation in particular, when one parent leaves the state with a child, 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. 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.

As mentioned above, another possible factor that may be considered when deciding if a mother who leaves the state has violated any laws may be whether or not the father’s paternity has been legally established. Establishing paternity is when a biological father does something to legally declare himself the father. If the parties are married, it is generally established automatically. If the parties are unmarried, he may sign an affidavit of paternity at birth, be declared the father through a child support case, or go to court to get himself declared the father - I don’t know exactly what he would have to do according to OLD STATE law since each state is different. However, if you do not believe the father has legally established his paternity, this may be something to raise with the attorney who you speak with so you can find out if this affects whether or not you are legally permitted to leave the state with your child. Different states view the establishment of paternity differently for unmarried mothers - some assume that the mother has custody even if paternity is established until a court says otherwise and some states view the parents as having equal rights once paternity is established. You can ask the attorney about how this may be viewed in your state and based on the specifics of your situation.

Another thing that you may want to discuss with an attorney is whether or not you may want to file for what is called “temporary emergency jurisdiction” (emergency custody) in the state that you moved to. Temporary jurisdiction may be difficult to get, depending on the situation, the judge, etc. In general, a person may be able to get temporary emergency custody in a new state s/he has moved to with a child if:
-the parent and the child are present in that new state, AND
-the child has been abandoned OR emergency custody is necessary to protect the child because the child, or a sibling or parent of the child has been subjected to maltreatment or abuse or threatened with abuse.

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 and want to talk through your plan to relocate/flee, 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.
Either way, we strongly recommend speaking to a custody lawyer about your rights and your state’s laws. You can find a lawyer here:LINK