Custody & Kidnapping

In general, states assume married parents to have equal rights to a child so that either parent may legally be able to have the child with him/her. However, if parents cannot agree on a way to split the time with the child, often, one parent may decide to file for custody or visitation. You mentioned that you are going through a divorce - was there any sort of temporary custody order issued as part of the divorce? Often times, the judge will issue a temporary custody decision while the divorce case is pending. You may want to talk to a lawyer in your county who has been in front of the divorce judge who is presiding over your case to get advice from the lawyer about how this judge might view your decision to not allow the child to see the other parent. In some situations, when a judge is deciding custody, the judge will look at how the parents interact with each other regarding splitting time with the child as one factor considered when making a custody determination. Here is some information on custody in STATE so you can read a bit about it in case that is useful: LINK

Also, depending on the state law, in some states it may be criminal custodial interference if one parent conceals/hides a child from another parent. I cannot speak to your situation but hopefully a lawyer can advise you about whether or not keeping your child from the other parent could put you at risk of being accused of any sort of custodial interference. Also, in general, it’s best to be represented by a lawyer in a divorce or custody case. Here is a link for lawyers in STATE: LINK And here are the language of the custodial interference laws in your state so that you can discuss them with a lawyer: LINK