Say perhaps that a couple was intending to get divorced and the mother then moved out of state to be near her family with the child, (against the father's wishes but the father is constantly moving due to being in the military) would this be legeal or would this be considered kidnapping?
2007-09-26 05:26:25 · 15 answers · asked by seriously2sweet4u 2 in Family & Relationships ➔ Marriage & Divorce
Their is a legeal marraige. No divorce will happen right away, in order to provide health care for longer for the child but divorce is the intention.
2007-09-26 05:30:55 · update #1
There is not a custody agreement in place. Since the wife has not been allowed to work or continue her education while in the marraige it would be easier for her to get on her own feet in the other state with her family. The wife is currently pregnant and will be having the baby in Michgian, where her family is, and the husband will not even be present. If she knows divorce may happen should she just stay put and not give the marraige one last try? Or, should she go and try but risk being stuck in some other state, who knows where?
2007-09-26 05:38:23 · update #2
Every state has different laws. In California it would be illegal without permission from a judge.
Get a lawyer NOW. Don't wait until your child is taken far away.
2007-09-26 05:30:49 · answer #1 · answered by Libby 6 · 0⤊ 0⤋
Legal to do if they are still married and there is no child custody agreement in place that states they can't do it.
(New York State) Wife and I had a child custody and support agreement in place and we were 100 percent legally married. No separation or paperwork for divorce. I had it written in the child custody agreement that she could not move the kids more then 50 miles from my residence.
It was 3 1/2 years after the child custody paperwork before we got around to get a divorce.
2007-09-26 05:30:15 · answer #2 · answered by Anonymous · 0⤊ 0⤋
You might want to check state laws(or maybe even federal) because each state is different from another, but that sounds illegal to me. If it isn't consentual, then she is in the wrong. I understand her wanting to be with her family and that he is in the military but the father still has legal right over the child as well since they are still a unit in the eyes of the law, they aren't divorced yet. Sure you can visit and tak kids out of teh state but to permanantly move to another state and away from the father who doesn't agree? Its considered kidnapping and the father could probably go as far as filing a suit against the mother if it gets that serious.
2007-09-26 05:31:58 · answer #3 · answered by Anonymous · 0⤊ 0⤋
I think that all depends on who actually has custody of the child. If the parents were married and have never been to family court, I would say that it's not considered kidnapping, but if the father persues, you will have to go to court,you may or may not be awarded temporary custody of the child until another court date is set and both parties can argue their side and the judge will either grant full custody to one of you or joint custody. Good luck!
2007-09-26 05:32:20 · answer #4 · answered by wilsonhutchison04 3 · 0⤊ 0⤋
It sounds like the aunt had permission for the niece to visit her, if the aunt then traveled to another state, unless the purpose was to harm the child or try to kidnap the child, not sure what would be illegal about such actions, the visit was allowed, So the question must be asked, why do you have an issue with the aunt?
2016-05-19 00:50:40 · answer #5 · answered by ? 3 · 0⤊ 0⤋
If there is no custody agreement then no it is not kidnapping. Heck, in my custody agreement I don't have to get permission I just have to give him and the court a 30 day notice.
2007-09-26 05:44:09 · answer #6 · answered by Spring 5 · 0⤊ 0⤋
It is legal as long as there is no court order specifically stating the child may not be taken out of state.
2007-09-26 05:30:54 · answer #7 · answered by smartypants909 7 · 0⤊ 0⤋
depends on what the divorce agreement says... if you were never married and had no legal papers drawn up about custody, then i believe the rights automatically falls on the mother....
2007-09-26 05:29:54 · answer #8 · answered by Jeanette 6 · 0⤊ 0⤋
It is considered illegal if there is a court order stating you cannot. However considering he is in the military moving alot I would call an attorney.
2007-09-26 05:31:34 · answer #9 · answered by Julie J 2 · 0⤊ 0⤋
I think that it is not a good idea to go against one of the parents' wishes.
It would probably be best to go through the court just to be sure.
2007-09-26 05:32:01 · answer #10 · answered by jezyka 5 · 0⤊ 0⤋