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child custody and kidnapping

if a man and a woman were married then separated, and the woman has primary custody of the child, is it kidnapping to take the child and just...leave? like leave the state or possibly the country, indefinitely? forever?

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Asked by Anonymous at 6:24 PM on Mar. 31, 2010 in General Parenting

Answers (4)
  • My custody agreement said I couldn't take my son out of the state. But his father stopped calling, and we never heard from him. I was still a nervous wreck when we started going on vacations....check the custody agreement, it should be spelled out.

    Answer by kjrn79 at 6:47 PM on Mar. 31, 2010

  • I am allowed to go on vacations. I am not allowed to move out of my state with out permission by bf. He is allowed to take my daughter on vacations with a 30 written letter of when it is happening and I have to sign something for him otherwise it is parental kidnapping

    Answer by MommyB2010 at 7:46 PM on Mar. 31, 2010

  • We take our boys on vacations but that's not the same thing as permanently moving somewhere else... If you feel he should know then write a letter, mail it to him return request and make sure it's at least 30 days prior. Put your new address, phone, email. Then he can't say anything. If he wants to protest it he will have to get an attorney and it will have to go before a judge. As long as you give him all the info he would need in order to keep contact with your child then it shouldn't be a problem. With that said, you should also read over your separation agreement, if you have one. If you don't then you need to get one, and abide by it or you can get in hot water with the courts. Primary custody only means they reside with you, go to school where you live etc. It doesn't mean you don't have to have contact with the father....

    Answer by MrsLeftlane at 8:41 PM on Mar. 31, 2010

  • Moving permanently, yes it would be considered parental interfernence. If it is just for vacation, you can go anywhere you want to go. Just because you have primary custody doesn't mean you have sole custody. With joint custody and primary placement, the father still has decision making rights and that means keeping you from moving away from him. I have sole custody of my son and in my paperwork, I cannot move more than 300 miles away in state and no where out of state without informing the dead beat sperm donor atleast 60 days before incase in wants to protest.

    Answer by tyfry7496 at 9:04 PM on Mar. 31, 2010

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