If I move out of state with my 1 year old, can I be charged with parental kidnapping?
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If I move out of state with my 1 year old, can I be charged with parental kidnapping?
The father signed custody over to me when he was planning on joining the army but he never joined. I am planning on moving in with my brother and his wife in another state while I finish school. We have never established any child support or visitation in court. He rarely wants to see our son, however he does like to have control of my situation so I know he isn’t going to be happy about this. Will I need his permission or can I just tell him that I’m leave since he signed custody over to me?
Asked on September 26, 2012 under Family Law, Virginia
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Sometimes people sign affidavits or letters that purport to "sign over" custody, when the only real legal effect is to communicate the wishes of the parent. Considering that you do not have court orders in place, you are not bound by any orders which prevent you from leaving. You do not need his permission and you don't even have to tell him-- even though a courtesy call would be appropriate. Make your arrangements to move, get everything going, and maybe the day or so before, let him know about the move. Once you tell him, he may be tempted (if out of spite for no other reason) to try to get some emergency orders to stop you.... so based on what you describe of him, the more time you give him, the more he is likely to monkey with your plans. After you move, visit with a family law attorney in your new state and see how long you are required to live there before getting formal orders in place. You do not have to have formal orders, but they will give you protection in the event that he comes and tries to pick up your son later.
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