If both parents are still married, can a father take their child across state lines with intent to relocate without the mother’s permission?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If both parents are still married, can a father take their child across state lines with intent to relocate without the mother’s permission?

The parents are still considered living together and are married, both are on the birth certificate. The child was born in one state and then the parents moved to another state when the child was 1; they have lived there for 1 year. The parents are now splitting up, although there have been no papers filed. The father is attempting to take the child and relocate back to the child’s birth state against the mother’s wishes. Is there any sort of legal course the mother can take to prevent this?

Asked on March 2, 2012 under Family Law, Arizona

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Yesm the mother can go and seek help from the court to establish temporary custody of the baby.  This can be done an an emergency basis.  If he travels accross state lines with an intent not to return then he could be considered kidnapping the baby.  She needs lega help here.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption