I have a close friend that is having some marriage difficulties. She has been thinking of taking her youngest son to stay with family in another state. She wants to do this so that her hubby has time to decide what he wants, his family or be single. If she leaves without him knowing, without permission to take their son, could she face legal problems by doing so? They are married at this point and the child is theirs together. Could he have her arrested for taking him out of state without knowledge and permission of both parents?
2007-08-10 06:40:08 · 9 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Because no divorce or divorce order has been ruled upon by the courts, both parents have custody and therefore one parent leaving with the child wouldn't necessarily be considered "kidnapping."
I would insure the husband/father was aware of the pending move so that there would be no claim to parental kidnapping.
Most states adhere to the Uniform Child Custody Act and as such you should review that along with contacting a local family attorney who will be familiar with the laws of your state since you neglected to state where you were from. The attorney can also file a motion for temporary full custody by the mother until such time as the parents agree upon custody or continue their marriage together.
Best wishes.
2007-08-10 06:49:22 · answer #1 · answered by KC V ™ 7 · 1⤊ 1⤋
This depends on the state you are in and if you have put a divorce in action or not , normally once you start the proceeding you have to prove to the court that by your moving to another state it would be better for you and the child financially and or physically. If no divorce proceeding have started as of yet then normally you may leave the state and take up residency then you need to either put in for a divorce there as soon as possible, if the husband puts the divorce proceedings in action before the wife in the state that is the state that takes over the state. tell her to consult a lawyer in both states about the proceeding since each state has different laws governing divorces and she may inadvertently screw herself by going to another state, in questioning to marital property and custody . Always get a consultation with a good lawyer it can save you money in the long run and never act as your own attorney or use the same one Bad news .
Hope that this helped
2007-08-10 06:54:26 · answer #2 · answered by Devilish Girl 3 · 0⤊ 1⤋
I had this situation back in 1999. I had spent 2 weeks in Arizona (I live in RI), and liked it so much I considered moving out there permanently. I did extensive research, because my son had special needs back then. My son's father and I never married, but the court had given my son's father 50% responsibility, physical custody going to me. The only thing that stopped me from moving was the fact that my son's father would not submit written permission for me to move my son out of state, and I found out that if I did take my son with me anyway, my son's father could get me for 'kidnapping,' and force me back to RI. The other thing that stopped me from moving my son was the doctors my son was seeing for his special needs; doctor said that the move would not be in my son's best interest.
2007-08-10 08:22:11 · answer #3 · answered by tramps3 3 · 0⤊ 0⤋
If there is no custody order in place, then it's not technically illegal for her to take the child out of state (it's not a criminal act, as long as she isn’t attempting to hide the child from him). BUT….All he has to do is request that the court order her to return the child to the state. Such a request would likely be granted, and then she will have to return the child or face legal consequences for failing to do so. And if he then petitions for custody, the court will take into the consideration the fact that she took the child out of state without his knowledge/consent (they will not look favorably on it), and that could very well work in his favor.
I’d advise her not to do it.
2007-08-10 06:51:17 · answer #4 · answered by kp 7 · 1⤊ 1⤋
No, it is not kidnapping to take your own child. If he objects to her having the child he can file a suit for conservatorship, but unless there is a court order providing for one parent to have the exclusive right to possession of the child there is no law against one or the other parent taking a child. I would want to know why she doesn't want to take any of her other children. (You said she wants to take "her youngest child".)
2007-08-10 07:16:06 · answer #5 · answered by Tyneesia R 1 · 0⤊ 1⤋
Yes, it is kidnapping, you are not allowed to leave the state without either the father's blessing or a court order
2007-08-10 06:43:28 · answer #6 · answered by jean 7 · 1⤊ 2⤋
she might get like charged with kidnapping or something close if the husband reports her
2007-08-10 06:44:42 · answer #7 · answered by julyismyfavmonth 2 · 1⤊ 2⤋
She/YOU, would be arrested for interstate flight and kidnapping
2007-08-10 06:44:29 · answer #8 · answered by Anonymous · 0⤊ 2⤋
She could be charged w/ kidnapping...
2007-08-10 06:42:43 · answer #9 · answered by Anonymous · 1⤊ 2⤋