Can I be held in contempt of court or be charged with kidnapping if I take my child out ofstate without getting court approval first?

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Can I be held in contempt of court or be charged with kidnapping if I take my child out ofstate without getting court approval first?

I moved to KY and now want my child to move here. I have primary custody with joint physical custody. I had to leave my son with his father until the end of the school year, court ordered that. We had agreed that I would get him then. Now his father is refusing since I became a resident of KY. He also limits when I can talk to him.

Asked on June 8, 2011 under Family Law, Michigan

Answers:

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

Answered 10 years ago | Contributor

I am assuming here that there is a formal agreement as to custody either that stands alone or was part of a divorce agreement.  Read it over carefully.  And then go and get some help because the next thing that is going to happen in this scenario is that his father is going to go to court to ask for modification of the order giving you primary custody as you call it and giving it to him with him having physical custody most of the time.   Your agreement may also have in it a clause regarding the amount of miles that you can move away with your son.Michigan to Kentucky may violate that part of the agreement.  And if you take him without permission then yes, you would be kidnapping him.  Please get help.  Good luck.


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