If I move out of state with my 1 year old, can I be charged with parental kidnapping?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 8 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. 


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 with SHA-256 Encryption