Will I be charged with kidnapping my children if I leave the state?

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Will I be charged with kidnapping my children if I leave the state?

We have a hearing set for the end of next month. I am most certainly going to be in attendence but I would like to leave the state before then due to domestic issues between the father and I. He is the one filing for custody not me.

Asked on December 7, 2012 under Family Law, Alabama

Answers:

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

Answered 11 years ago | Contributor

What is your intent?  To go for a visit with them?  An intent not to return is kidnapping and it can have a very serious impact on you legally as a crime and to be able to obtain custody of your children.  I would speak with ana ttorney in your area as to specifics here because really the best interests of the children are what the court will look at.  Good luck.


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