married couple living under the same roof that never been in court for custody can either one take a minor from this marriage out the state without permission from the other spouse under federal guidelines?
2007-09-23 04:37:39 · 9 answers · asked by sergio d 1 in Politics & Government ➔ Law & Ethics
Federal law doesn't come into effect -- unless it actually falls within federal kidnapping or sex-trafficing laws (which your question doesn't address).
Other than that -- as long as a parent has full custody (even if full custody is shared) -- they can take the child out of state for any legal purpose.
FYI, the federal kidnapping statute is 18 USC 1201 -- and explicitly does not prohibit parents from taking children, unless doing so would violate a court order.
2007-09-23 04:45:21 · answer #1 · answered by coragryph 7 · 2⤊ 0⤋
If there are no court orders preventing one parent from removing the child from the state, either parent can go to another state with their child.
If there are custody issues going on, look to the UCCJEA, Uniform Child Custody Jurisdiction Enforcement Act, to determine if the federal law has been violated.
If a parent leaves the state with the child in an attempt to secret the child away from the other parent, the parent remaining in the home state, would be smart to file an Emergency Injunction (to have the child returned to home state and claim jurisdiction in the home state) while the child is still a resident of the home state (before they have lived in another state long enough to establish residency, thus obtaining jurisdiction in that state).
2007-09-23 05:08:59 · answer #2 · answered by jwright2 2 · 2⤊ 0⤋
I'm not aware of any federal guidelines. Think of how many people live on the border with other states, this would not be a practical law.
I'm sure most states have a similar law, it doesn't matter where the child is, as long as the following conditions are met:
1. The other parent knows where the child is
2. One parent does not intentionally interfere with the others right to see the child.
Of course, this would have to pass the test for reasonableness. If one parent took the child to a zoo in a neighboring state,and the other parent insisted on seeing him immediatley, the courts would not find that request reasonable.
2007-09-23 04:43:38 · answer #3 · answered by trooper3316 7 · 0⤊ 2⤋
definite, maximum people...and we come jointly interior the nighttime hours whilst time is sweet for the couples time of day. that allows you to talk. many times married couples have diverse lives throughout the time of the day, yet that doesn't recommend separate all. the two ought to paintings on the marriage to maintain the hearth lit and shop the flame going. a good style of the time that's the spouse that creates the temper for an get away of the day's doldrum responsibilities. the two set aside some time jointly, by ability of candlelit bath for 2, or a walk interior the park and carry palms and keep in mind what introduced the two one among you jointly. talk appropriate to the places that remind you the two one among happier circumstances. many times it incredibly is all it takes to re-ignite stable emotions. do no longer provide up the deliver, and don't shoot your self interior the foot the two. wait and notice with one yet another, and not judgemental. stable success
2016-10-09 17:00:22 · answer #4 · answered by broderic 4 · 0⤊ 0⤋
Of course. As long as there are no court papers that deny this happening. Your question doesn't address the reason you are asking so you will probably not get an answer you like. Unless you are the one taking the child out of State.
2007-09-23 04:55:08 · answer #5 · answered by sensible_man 7 · 2⤊ 0⤋
I personally had to sign a document for my wife to take our child to visit some family in Latvia. You must provide documentary evidence or letter that proves that the child has the permission of an absent lawful parent(s) or guardian to travel;
Alternatively, a "legal" copy of the child's birth certificate, particularly if only one parent's name appears on the birth certificate, and the child is travelling with the other parent.
2007-09-23 04:44:33 · answer #6 · answered by Dimples_in_NJ 3 · 0⤊ 2⤋
Sure - the parent who does not have custody of the child at the time would have to show cause for intervention in such a matter. Are their divorce proceding about to commence?
2007-09-23 04:42:32 · answer #7 · answered by Anonymous · 1⤊ 1⤋
Of course!
Imagine living on a border town with McDonalds a mile away in the next state!
2007-09-23 04:41:34 · answer #8 · answered by gcbtrading 7 · 2⤊ 1⤋
Yes. There are no federal guidelines in this situation.
2007-09-24 03:44:02 · answer #9 · answered by bottleblondemama 7 · 0⤊ 0⤋