My daughter is 3 yrs old, her father has never seen her, and his custody rights are if he calls far enough ahead of time and i agree to it which he has never tried, i recently came to florida with my fiance to stay for a month with his family to see if we want to move here, which we probably will but we are still planning on coming back to indiana (the state my daughters dad and my house are in) but i forwarded my adress here for 2 months just in case, now her father is calling me telling me he is filing kidnapping charges on me, can he do this?
2006-09-01 11:18:49 · 9 answers · asked by krbennett2003 1 in Family & Relationships ➔ Family
I highly doubt it.
He didn't call you to ask to see your daughter. So, if he didn't call, he has no proof and no case against you.
2006-09-01 11:24:48 · answer #1 · answered by Anonymous · 2⤊ 0⤋
Actually yes he can. According to most custody laws one parent can not take the child over state borders without the other's permission. You should have spoken to your lawyer before you went on vacation and had all of this in writing before you left. Also FYI you better check with your lawyer before moving to Florida because your ex can block you from taking your daughter down there to live, even if you are the custodial parent. You've already messed yourself up a bit don't make it worse, by making the court find YOU in contempt.
2006-09-05 10:20:02 · answer #2 · answered by Anonymous · 0⤊ 0⤋
he can do it, but it won't stick. i mean i can say i'm gonna walk to the moon but it will never happen, but that is here in California. i know most states have different laws about this matter but chances are that your okay, but if he has been somewhat supporting your daughter even though he doesn't have visitation rights, well i think he can file kidnapping charges and they will come after you, he can also make a case to the judge saying that he has no way to get to florida to see his kid. you said he doesn't have visitation rights but than you say he does but only if he calls in advance first well it seems to me that he does have visitation rights, your best bet is to try someway to get him to sign full custody over to you.
2006-09-01 11:30:17 · answer #3 · answered by G.O.A.T. 6 · 0⤊ 0⤋
What are the terms of your divorce decree? Even though he has never used them he can still have visitation rights which may present a problem with an out of state move. You need an attorney. His never having visited would be cause for a change in the decree.
2006-09-01 11:27:10 · answer #4 · answered by williegod 6 · 0⤊ 0⤋
That all depends on if he has any custody at all....if you have full legal custody and it is court ordered no visitation you can do what you wish, but to be on the safe side I would file an order for Freedom of Movement for you and your daughter, that way he has no legal recourse.
2006-09-01 11:26:15 · answer #5 · answered by Hollie F 3 · 0⤊ 0⤋
If you have full custody, NO...unless there is a court order stating you cannot take her across state lines. I would say that he is just trying to be a d*ck. The cops will probably laugh in his face.
2006-09-01 11:27:05 · answer #6 · answered by Anonymous · 0⤊ 0⤋
not if he knows that you are going out of the state and when you move you will have to let him know that to. you need to get a lawyer honey to find out more.
2006-09-01 11:24:52 · answer #7 · answered by Anonymous · 0⤊ 0⤋
He can try but it is unlikely that he will be able to file.
2006-09-01 11:25:07 · answer #8 · answered by fireman_4_69 4 · 0⤊ 0⤋
i dont think he can
2006-09-01 11:56:15 · answer #9 · answered by kissie623 4 · 0⤊ 0⤋