Can I legally take the kids and move out of state?

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Old Jun 29th, 2010, 09:58 AM   #1
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Default Can I legally take the kids and move out of state?

I am married with two kids can I legally take the kids and move out of state, and leave my husband?

No divorce has been started.
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Old Jun 29th, 2010, 12:23 PM   #2
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Default re: Can I legally take the kids and move out of state?

If you take the kids without telling him, that's considered kidnapping. If you tell him, he has the right to go to court and have you barred from taking the children.
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Old Jun 29th, 2010, 06:21 PM   #3
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Default re: Can I legally take the kids and move out of state?

I think it is a little more complicated then just saying "no." Each state of course has different laws and they are applied differently. But saying that consider the following: First it is not illegal for you to leave the state and go somewhere else. It is not illegal if the children are with you when there are no restraining orders against leaving the state. Here there are no restraining orders because no action has been commenced. I doubt that it is against the law to leave the state with children especially if you tell him where it is that you are going even if he disagrees with your action. Disagreement does not establish a criminal case for Kidnapping. It would normally take more than that in any jurisdiction that I am aware of. Note that the better course of action is to file a divorce action where your are, obtain the applicable restraining orders and then ask the court if you can remove yourself and the children from the state to another state. I have seen the request denied but most of the time it is granted. Parents split, they need to go elsewhere for employment, support and whatever. Each case is different and each judge can do something different but by in large the woman gets the kids. Not all of the time but most of the time. If I were you I'd be straight up about the issues and file the action where you now live. You SHOULD speak to a divorce attorney in your state and then ;you'd know for sure what the ramifications are. Hope this helps
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Old Jun 29th, 2010, 08:05 PM   #4
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Default re: Can I legally take the kids and move out of state?

You "doubt" it's against the law? You don't know?

Leaving the state without informing the other parent is considered kidnapping. Don't wax on what you THINK the law is. Either give sound advice or don't waste forum space.
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Old Jul 1st, 2010, 05:29 PM   #5
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Default re: Can I legally take the kids and move out of state?

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You "doubt" it's against the law? You don't know?

Leaving the state without informing the other parent is considered kidnapping. Don't wax on what you THINK the law is. Either give sound advice or don't waste forum space.
Do you know that it is considered kidnapping? Or are you just wasing space?

My husbands ex wife moved out of state illagly with his child, just 4 days after the divorce. She had written him a letter telling him of her move, but was supposed to move after 60 days of the letter. She gave him 4 and he was in the process of trying to contest to the move. I went with him to file a kidnapping charge and guess what....it didn't work and here is why. It is very hard to prove that a parent who has the child in their custody legally is kidnapping the child. There has to be a no contact for so many days. It is diffent in many states. In mine, it was 90. This is not just not seeing the child. If she or he lets you talk to the child, it is hard to prove kidnapping. Kidnapping a child is hard to prove again, because you have tp prove the kidnapper did it to spite you. If they fell that you are a thert to the child, guess what...hard to get law enforcemnt to get involved. In all fairness, you need to let your husband know what you are thinking. They are his kids as well. If you do move, and then try to file for divorce before the given time fram(again, dif in states) the court will not look nice at you. It is best to file for divorce here, and then ask the court to let you move. You will need to prove to the court tho, that the move is in the best intreasts of the child. Hope this helps you. You can always look up your state laws and statues on kidnapping, divorce, and custody.
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Old Jul 1st, 2010, 06:59 PM   #6
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Default re: Can I legally take the kids and move out of state?

Taking kids out of state for a vacation or visit is far different than moving them out of state.
Since you stated no divorce has been granted at this time, YES you would be considered kidnapping the children if you MOVE out of state. If, however, you are just going somewhere for a visit or vacation, and no divorce has been granted, that is NOT considered kidnapping.
It is based on if you are moving or just visiting and planning on coming back and also if you are divorced or not.
But based on what you told us, yes, it is considered kidnapping and he could prosecute you and gain custody of the children while you sit in jail.
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Old Jul 1st, 2010, 08:30 PM   #7
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Wink re: Can I legally take the kids and move out of state?

"Do you know that it is considered kidnapping? Or are you just wasing space?"

I assume you mean wasting.

Yes, I do know that it's considered kidnapping.

You might consider growing a mind of your own so you don't have to emulate my words. I'm glad I could teach you something new, but really, you need to come up with your own material.
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Old Feb 7th, 2012, 01:58 PM   #8
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Default re: Can I legally take the kids and move out of state?

What if your not married and you were the custodial parent up until recently due to loss of job.
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Old Feb 7th, 2012, 07:38 PM   #9
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Default Re: Can I legally take the kids and move out of state?

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What if your not married and you were the custodial parent up until recently due to loss of job.
Elaborate on that. What exactly are you asking? Do you want to start your own thread, which will make it easier for us to respond and won't hijack the OP's original question?
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