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Is it legal to move out of state with your child with out permission from the other parent?

Would it be legal for me to move to a different state with my child, or would I need permission from her father? Could it be considered kidnapping? The situation would be: we are married but in the middle of divorce. No custody has been set yet.

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Asked by Anonymous at 2:54 AM on Nov. 6, 2010 in Relationships

Answers (9)
  • if he wanted to he could call it kidnapping yes. THe reason I kno this is because dh had this happen when he was a child. Even once his parents were divorced, to move to another state, get adopted, etc, the other parent must be notified usually in a court setting with papers and stuff and they have to sign.

    Answer by SweetLoveofMine at 2:56 AM on Nov. 6, 2010

  • I agree

    Answer by nowmommyof2 at 3:04 AM on Nov. 6, 2010

  • I personal think that it is just down right disrespectful to pack up and move out of state without having commiucation with your childrens father. Just cause things didn't workout between you both has nothing to do with your child. I would focus on having OPEN COMMIUCATION with him.
    How would like it if he up and moved away with your child???? Okay that's what I thought. COMMIUCATION is SO VERY IMPORTANT.

    Answer by raemommy at 3:39 AM on Nov. 6, 2010

  • yes it would be against the law I had a friend who moved with her son and new husband.Well when the birth fater found her she lost her son to him.The judge automatically gave him custody.

    Answer by preciouschild at 3:45 AM on Nov. 6, 2010

  • I think it differs in every state. I know that is is illegal to move out of state DURING a custody/visitation battle, or while you have a pending case. But if you have not been to court for the child, then I don't think it is illegal, atleast not here! BUT you NEED to get custody anyways, ESPECIALLY if you move, you never know what can happen. What if he sees that child for visitation, and doesn't bring your child back.....for your own sanity, take him to court.

    Answer by knicole0708 at 4:31 AM on Nov. 6, 2010

  • I believe in many states this would be considered illegal. Even if weren't you need to consider that moving out of state without your husband's consent on the matter will undoubtedly look bad to the courts when the time comes to settle the custody issue. If you have any concerns about your husband having custody you don't want to give him fodder to add to a case agianst you, as I hear custody cases can get ugly. Taking your child away from the other parent for any reason I belive judges frown upon but just up and doing it without telling, yeah that wouldn't go over too well to say the least.
    Talk to your husband about it. How far away are you going to be going? What arrangements are you going to make for visitation, each drive one way, meet in the middle? Why are you moving? If you can work it all out in advance (pref. in writing so can take to court later if need be) then it'll show you were responsible from your end.

    Answer by JadeRDragosani at 5:48 AM on Nov. 6, 2010

  • You need to go to the court ASAP and get temporary custody of the children. Then it should be safe to move out of state. However if you just left without doing that, the childrens dad could go to court and get temp. custody, then the child(ren) would be his until you all go to court to work out a custody agreement. Please don't just trust things will be ok, get temp. custody. It would be awful to those your children for the weeks/months/years it takes to get some sort of agreement worked out

    Answer by Anonymous at 9:56 AM on Nov. 6, 2010

  • Unless there are court orders in place you are free to move anywhere with her. But just remember the flip side. He is free also to take her anywhere and this includes overseas if he has a passport. Would you want him to take her somewhere far away? It is not kidnapping as long as you are still married and no temporary orders have been issued. However, if and when this comes to court, the judge may not look kindly on you depriving the child of her father and may give primary residence to the parent who has not moved away.

    Answer by lilangilyn at 11:04 AM on Nov. 6, 2010

  • If there is no court order then no it is not illegal however since there is a court order pending you can be charged with parental interference and can loose your rights to custody of the children and/or visitations unsupervised!

    Answer by 4_28_bbboy at 2:25 PM on Nov. 6, 2010

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