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 8 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.


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