Moving states considered Kidnapping?

iVillage Member
Registered: 10-03-2006
Moving states considered Kidnapping?
3
Wed, 07-25-2007 - 5:44pm
I have a 5 month old son but I am no longer with the father. I want to move to another state to be with my family but the baby's father says that if I move, it is considered kidnapping because i am taking my son with me. is this true?
iVillage Member
Registered: 07-25-2007
Wed, 07-25-2007 - 6:45pm

Some states do not allow the custodial parent to leave without the court's permission. You'll have to check that out in your home state. With good reason, the court might let you go without repurcussions.

Is he a good dad? If so, why would you want to take the child from him? Please don't let your son be the pawn....

iVillage Member
Registered: 05-11-2007
Thu, 07-26-2007 - 10:51am
First of all is he legally the babies father, meaning is he listed on the birth certificate? If not then he is NOT the legal father of the child. However even if he is, this should not scare you. All you have to do is demonstrate to the court WHY you want to make this move. It could be better job opportunities, schooling, or support from your family. However, if he is a good attentive father, this is not the time to play keep away with the child. This would be evident in court, and enough for the judge to decide that he gets to have custody. I am not saying in any way that is what you are doing I am just cautioning you for your own well being. Also what is his reason for threatening you with Kidnapping?
iVillage Member
Registered: 11-25-2003
Thu, 07-26-2007 - 1:09pm

This is a technical legal question. You need a lawyer.

Do you have a custody agreement?

Criminally:

If you notify him (your real address, telephone number, etc, by certified mail), you're probably clear of criminal charges. Failure to notify or providing false information about the whereabouts of the child will make things get interesting quickly.

I doubt you would be convicted, but you could get arrested. Bio-dad would have to get with the local polics and the local district attorney, and have a compelling story. And then the police would attempt to talk it out and send it into domestic/family court

Family law issues are another concern. If you violate your custody agreement, of in the abscence of an agreement, state mandates, you could be found in contempt of court and subject to a bench warrant, fines, jail, or loss of custody.

Bio-dad would have to pursue you through the domestic/falimy court before any actions could be taken, so it would cost him a lot of money.

Talk to a lawyer.