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?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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 12 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.


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