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Custody & Kidnapping

V wants to move with kids – MARRIED/UNMARRIED, MOVING WITHIN THE STATE

In general, if people are legally married or if the father’s paternity has been established in some other way, 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, or leaving the state for an extended period of time, for example). Here is your state’s law about interference with custody: LINK However, these types of laws can be hard to interpret and easy to misinterpret. Since I cannot provide legal advice, I cannot tell you how it may or may not apply to your situation - you would have to ask a lawyer about this. You may want to ask an attorney how your plan to leave with your child may be considered under your state’s parental kidnapping laws. There may be a big difference under the law if a parent is thinking of staying nearby (within the state) with the child or if the parent is thinking of moving far away. To find out, you would need to talk to a lawyer to get advice specific to your situation. Here is a link for lawyers, some of which are free or low-cost: LINK

You may also want to ask an attorney if you should file for custody either right before or right after you leave the home with your child. And if there is abuse in the relationship, the victim of abuse may be able to file for a restraining order and ask for temporary custody. Without a custody order or a restraining order that keeps one parent away from the children, there may be nothing to prevent either parent from being with the children. However, if the parents cannot agree on how to divide time with the children, then there may be a situation where one parent leaves with the child and the other parent comes and gets the child and takes the child back. And then this pattern can go on and on.

Again, this is a complicated legal question. It depends on a lot of different factors and we strongly recommend that you talk to a lawyer in your state who specializes in custody before making any decisions. Here is information about custody in your state in case you decide to file:LINK

 

 

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