Custody & Kidnapping

There are a few issues that sometimes comes up when someone goes into hiding with children. The first is that in some states, concealing the whereabouts of a child from the other parent can be considered parental kidnapping/custodial interference. Here is the legal definition of this crime in OLD STATE: LINK However, these types of laws are hard to interpret and easy to misinterpret. Therefore, in order to get some legal advice as to whether or not it may apply to her situation, she would really need to talk to a lawyer. Here are links for lawyers, free and paid in OLD STATE: LINK

Another danger is that sometimes, the other parent will go to court to file for custody and the parent who left cannot be served with the petition because his/her whereabouts are unknown - it may be possible for a judge to grant a custody to the parent who is filing and then that order can be enforced against the parent who left (possibly even by law enforcement). 

I wanted to mention one possible option that a parent who fled with a child may want to explore with a lawyer in the new state where s/he is living  called temporary emergency jurisdiction/custody. To back up for a moment, when someone files for custody, generally custody petitions are filed in the home state of the child.  In general, the last state where a child has lived with his/her parent for 6 consecutive months is generally considered the child’s “home state” and the state that has jurisdiction (power) over the child for custody matters. Therefore, if either parent wanted to file for custody of the child, s/he may generally have to file in the home state until a new home state is established but there may be exceptions to this general rule.  For example, if there was already a prior court case for custody or visitation in another state, that state may keep jurisdiction even once the parties have moved and so petitions related to the children may have to be filed in that state (unless and until the court gives up jurisdiction to a different state).   However, once a parent has fled to a new state, if the parent can prove that the child is in danger of being maltreated or abused, s/he may be able to file for temporary emergency custody in a state other than the home state (so, in a new state where the parent and child are). However, this type of out-of-state order may only be valid until a regular custody petition is filed in the home state.  Again, I cannot speak to your client’s specific situation. Here is information on filing for temporary emergency custody in a state that is not the home state: www.womenslaw.org/laws/general/parental-kidnapping/when-you-want-take-yo…

Also, sometimes a parent can get temporary custody as part of a protection order - I don’t know whether or not your client is considering this or not.  Filing for an order in THE NEW STATE would clearly alert the father as to the county and state she is in. Here is the information on protection orders just in case:LINK 

At this point, it sounds like your client really needs legal advice from an attorney who is familiar with interstate custody matters. The first place I would suggest that she (or you) call is an organization called the Legal Resource Center for Violence Against Women, which specializes in interstate custody matters for abused women. They give out information/advice about interstate custody matters and they can try to help find an attorney in any state to represent someone on an interstate custody matter or to give advice on whether or not a move out of state would violate your state’s parental kidnapping law or not. Their number is 301-270-1550.

Also, I already linked you to lawyers in OLD STATE if she wants to get advice of whether or not her actions put her at risk for being charged with parental kidnapping in that state but here is a link for lawyers in NEW STATE if she wants to get advice on whether or not she should file for temporary emergency jurisdiction/custody in NEW STATE: LINK And lastly, here is information about custody in NEW STATE:LINK

Lastly, 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.