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Can a parent take a child across state lines without other parent's knowledge?

Joint custody, parent taking trip has primary residential. There is an open custody case for the child, and said parent has threatened on many occasions to flee with the child. KS jurisdiction.

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Anonymous

Asked by Anonymous at 11:09 PM on Jan. 21, 2011 in General Parenting

Answers (9)
  • http://womenslaw.org/laws.php

    I'd check there and if that doesn't tell you I'd call the local Domestic Violence Shelter. They would know that specific law for your state
    admckenzie

    Answer by admckenzie at 11:11 PM on Jan. 21, 2011

  • as long as they are legally their parent/guardian, yes, they can. unless the court has specifically said not to, even if they are the parent/guardian. i could leave with both my kids right now and not tell my dh. it wouldn't be considered kidnapping. if the court told me not to, i could be in super trouble.
    armywife43

    Answer by armywife43 at 11:11 PM on Jan. 21, 2011

  • They can, but it will just help the other parent get custody.
    DomoniqueWS

    Answer by DomoniqueWS at 11:14 PM on Jan. 21, 2011

  • I would say yes, if they have primary custody. But possibly not if there is an open custody case- I would have it put in writing at the next hearing.
    skittles1108

    Answer by skittles1108 at 11:14 PM on Jan. 21, 2011

  • Probably not. usually in open custody cases the parents need to stay put with the kids. I wouldn't chance it.
    MrsMWF

    Answer by MrsMWF at 11:21 PM on Jan. 21, 2011

  • This happened to my sister. Her baby's dad grabbed the child and left. She tried to do everything legally to get the child back, but nothing helped because they said that he was legally the parent. Her baby's dad had the child for 5 years and then called her one day wanting to give her back for some reason. I personally don't have respect for people like that. Neither one of them has custody of the child because before he took the child they were still together and he just up and left with the baby. So yes they can take the child, but I would do something now because it may take you awhile before you see your child again. Filing for joint custody would help and placing yourself on child support so you could know where your child is located at all times and plus the other parent can't stop you from seeing your baby when you're on child support. Hope this helps
    Cherish809

    Answer by Cherish809 at 11:30 PM on Jan. 21, 2011

  • legally, yes they can unless there's a direct order from the judge not to take the children so many miles away from their home.
    ba13ygrl1987

    Answer by ba13ygrl1987 at 11:49 PM on Jan. 21, 2011

  • the only time that it becomes illegal is if that said child is not returned for said visittion. then you would have to contact your firned of the court and the police.
    marinewife0311

    Answer by marinewife0311 at 7:01 AM on Jan. 22, 2011

  • not with an open custody case. If there was no custody established esp. of still married ... then no they would not get in trouble but wth an open case.... very likely
    MamiJaAyla

    Answer by MamiJaAyla at 4:57 PM on Jan. 22, 2011

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