ok i have a friend that lives in oklahoma and i need to know if she can leave state with her kids.i need to know if that is kidnaping??please list where you fond this info.anything would help.
2007-03-07 12:39:47 · 10 answers · asked by teye_99 3 in Family & Relationships ➔ Marriage & Divorce
she has not went to court she is still married,but her husband is mentally abuseing her.she needs to get away from that and i need to know if she can get in trouble for kidnapping or not.
2007-03-07 12:54:20 · update #1
well first off...........is she married?? If she is married and wants to leave her husband she can and go any where she wants to...... until court papers say different. If she is not married she had all legal right to go anywhere because she has all right to the children. unless there are court papers where it be child support or divorce papers. she can leave the state. my friend found out the hard way. his ex left him in florida and moved to minesota, he tried to stop her the police were involved and the police said who ever had phyisical custody of the kids and do what ever. so because my friends little girl was in her mothers car,she had the legal right to drive out of the state with her, unless a judge said different.
2007-03-07 12:59:44 · answer #1 · answered by catbecca 1 · 1⤊ 0⤋
Without written notorized permission from either the courts or the father of the children, yes she could be charged with parental kidnapping. Even if the father refuses for whatever reason, she can always petition the courts for permission to do so as long as she shows good intention and most important that its in the best interest of the children. She will probably also have to show an updated plan for fathers visitation rights. In other words she will have to have all bases covered before going into court and expect father to contest her actions. Hope this helps and good luck
2007-03-07 12:49:54 · answer #2 · answered by Arthur W 7 · 3⤊ 0⤋
If she is fleeing from domestic violence, then this is considered in the situation.
If she leaves and doesnt tell him, then he could file a missing person, and abduction charge.
If she just wants to leave , she should tell hiim shes leaving, and just go.However he can put a stop to her moving out of state.
They will need to go to court and get orders for visitation and prove hes going to be a threat to the children, otherwise he will get visitation, and courts can make orders so that the children stay close enough for regular visitation with each parent.
2007-03-07 13:42:17 · answer #3 · answered by Anonymous · 0⤊ 0⤋
It depends. If there is no court order in place then she has as much a right to go wherever she wants as the other parent would. It's not kidnapping unless there is an order restricting her to stay in a certain area.
That said, IF there is no order in place now the Dad could hurry up & file & POSSIBLY make her come back.
A good place to find state specific info. is on www.divorcenet.com
2007-03-07 12:44:11 · answer #4 · answered by Anonymous · 1⤊ 1⤋
no she can't just leave the state permanently relocating with her child......she has to go to court. The site below has all the info just for Oklahoma
2007-03-07 12:56:56 · answer #5 · answered by abc 7 · 2⤊ 0⤋
In most states leaving the state w/out consent is against the law!! and it can b ugly
2007-03-07 13:31:46 · answer #6 · answered by ~Niecee~ âË» âË» ♂ 4 · 1⤊ 0⤋
If she takes the kids without the father consent is kidnapping and she can go to jail for that. I wouldn't risk it.
2007-03-07 12:43:56 · answer #7 · answered by BitterSweet 6 · 1⤊ 1⤋
if they have not been to court yet as long as she leaves fearing for her life i say go and file a complaint with the court and let her know to let the court know she will be fine.
2007-03-07 13:30:58 · answer #8 · answered by crystal w 3 · 1⤊ 0⤋
your not supposed to take your child without the other parent consent outside of the state residence.
2007-03-07 12:58:21 · answer #9 · answered by Anonymous · 2⤊ 0⤋
no it's not if custody has not been established she should contact a lawyer to be on the safe side
2007-03-07 12:45:30 · answer #10 · answered by Anonymous · 2⤊ 1⤋