can one of the parent remove the child front the state to another 2500 miles way without permission?

Question

we re married couple living under the same roof never been in court for custody can one of the parent remove the child front the state to another 2500 miles way without permission front the other parent we are looking for federal penal code prohibiting this

Answer 1

Nothing prohibits this. You are married, not divorced. You are not even separated. There has been no question of custody for the courts to decide. Either of you could, at any time, take the child and go where ever they choose. It is not child stealing. It is not kidnapping. It is simply a parent taking a child with them where they go.

Answer 2

No federal law applies -- unless the child is being used for sexual purposes or the child is directly harmed and taken against the child's will (kidnapping).

Other than that, generally, one custodial parent can take the child anywhere they want without permission -- since the law will presume permission unless there is a custody order.

FYI, the federal kidnapping statute is 18 USC 1201 -- and specifically (by its text) does not cover a parent taking a child absent a court order prohibiting that.

Answer 3

You have asked this question at least twice and still not given the circumstances behind it. There is no law prohibiting a parent from taking a child (of their own) to another State. You need an attorney if this involves a separation situation.

Answer 4

u cant just remove without the permission from yur married partner

Answer 5

Yes,
unless there is a court order not too.

So move quick....like now !!

Answer 6

Speak to your local district attorney on how you can prevent them from moving or on how to make them return.

Answer 7

Generally not.

Answer 8

that does not sound right at all.. i think the other parent will definitely get in trouble for that

Answer 9

Absolutely NOT!