Tuesday, August 24, 2010

Is it illegal to take your own kid out of state without telling your spouse?

my mother in law and her daughter are in danger and are going to run to a different state. husband knows nothing. is this illegal.Is it illegal to take your own kid out of state without telling your spouse?
I think you would need permission to take them out of the country, not the state.Is it illegal to take your own kid out of state without telling your spouse?
Because you've neglected to state whether or not you are in the process of divorce it could be a problem.





If you aren't divorced, both parents have a legal right to the child until a court decides who the legal custodial parent will be. To deny the other parent of the right to ';visitation'; could be construed as ';parental kidnapping.';





Crossing a ';jurisdictional boundry'; or state line could further complicate your problem of which you DON'T want to do! Because you and your child are legal residents of the state you are in...that state holds ';jurisdiction'; over any child proceedings until the court of another state shows cause to take jurisdiction.


You can obtain a legal document called an ';Ex Parte'; which will give you temporary ';emergency'; child custody until a judge has the opportunity to hear the entire case.





I'd STRONGLY suggest you contact a local attorney in your area that specializes in family law.





Best wishes!
Yup!
It could be depending on what the court order for visitation is. Much better to contact a lawyer or a social service agency for help. It depends what kind of danger they are in. An agency can keep them safe till charges are brought against the man if there is abuse. Trying can do it on your own can be devastating to all concerned.
I suggest she contact a lawyer.
It's not illegal if there is not a restaraining order in place, and that is an order usually a judge will sign at the beginning of a divorce process.

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