If I leave the house with our children could their father have me arrested for kidnapping?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I leave the house with our children could their father have me arrested for kidnapping?

The situation between the father of my children and I is going downhill fast. We live togethe but have never been married to each other. When I tried to leave the house to go stay at my parents’ house within the same state he informed me that constitutes kidnapping. Is what he is saying true?

Asked on October 28, 2012 under Family Law, Montana

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If there is a court order in place--- then it still wouldn't be kidnapping.   Instead, the charge would be low version of kidnapping called interference with child custody or custodial interference.  So, if there are orders, just make sure that you follow them.  If the orders don't restrict your movement, then you can leave with the kids regardless of how he feels about it.  If there are restrictions on your movement, then just petition the court for a modification of your orders so that you can move whereever you would like.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Since you are the mother of your children and there is no court orde rin place prohibiting you from taking your minor children with you then under the laws of all states in this country if you take your children with you no crime has been committed even if the father disapproved of such.


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