if a married couple splits up and say the mother takes the child...is it true that it is against the law for her to take the child out of the state with out the father's permission? or visa versa_ALLAHU A3LAM
2007-02-28 04:06:45 · 13 answers · asked by Allahu a3lam 1 in Family & Relationships ➔ Marriage & Divorce
The laws of the different states differ, but until a judgement of custody has been entered, most states will not prohibit a custodial parent from leaving the state with the children.
And emergency custodial order can be obtained by the other parent, however, which could prevent such a move.
2007-02-28 04:11:02 · answer #1 · answered by jbtascam 5 · 0⤊ 0⤋
1. It depends on the State in which the marriage and divorce took place.
2. It depends on what it says in the final divorce decree
3. If both parties agree verbally that the child can be taken out of state.
In the end both parents should do what is in the best interest of the child and put their feelings aside.
2007-02-28 12:23:41 · answer #2 · answered by miss-snoopy 4 · 0⤊ 0⤋
You can not be charged with kidnapping because it is your child. If you have filed for divorce-it is against the law until the proceeding is completed and possibly even after. If the child is of school age this will be a problem because the school system requires a copy of custody papers before enrolling a child in school with only one parent.
2007-02-28 12:13:42 · answer #3 · answered by stacilynn26 3 · 0⤊ 1⤋
You would have to get this all worked out in the divorce decree.
there have been instances, where a parent has been charged with kidnapping because they took the kids out of state.
2007-02-28 12:12:16 · answer #4 · answered by Anonymous · 0⤊ 0⤋
depends on what state you live in. Normally until somethng is through the court and in writing you both have the right to do as you choose. Once something is in writing you have to file an intent to relocate. I would contact an attorney in your state and ask.
2007-02-28 12:11:28 · answer #5 · answered by prettyfroggy 2 · 0⤊ 0⤋
You will need to consult a Family Law lawyer but I doubt that it is against the law.
2007-02-28 12:10:12 · answer #6 · answered by Anonymous · 0⤊ 0⤋
I think it is because even though the mother has the right the dad needs to give premission
2007-02-28 12:21:50 · answer #7 · answered by Sunrise 2 · 0⤊ 0⤋
"You can not be charged with kidnapping because it is your child."
That statement is absolutely wrong. Most kidnappings ARE by a parent who does not have custody, and it is as illegal as taking any other child.
2007-02-28 12:28:28 · answer #8 · answered by Martin Pedersen 6 · 0⤊ 0⤋
only if it's in the divorce decree. my ex tried that too & I would not allow it. most of my family is out of the state, so i said NO.
2007-02-28 12:11:00 · answer #9 · answered by Anonymous · 0⤊ 0⤋
its called parental kidnapping unless you have a custody agreement allowing you to do it.
2007-02-28 13:06:45 · answer #10 · answered by mnwomen 7 · 0⤊ 0⤋