My stepdaughter wants to leave her boyfriend in Florida and move to NJ with her mother and I. The relationship is going nowhere and she wants better for herself and her children. She is afraid that she is going to be charged with child abuse. He is verbally abusive and smokes pot the majority of the time. Can she be charged with kidnapping?

No, not kidnapping.

Perhaps you are thinking of this.

Is there a custody order? Is there a custody action pending? If the answer to both of these is "no", then she would not be in violation of that statute. However, as it says, should he file for custody or visititation, and get an order giving him some such custody or visitiation, she would have to return the child.

You should also know that, should she move the child to New Jersey, Florida courts would still have jurisdiction to determine custody and visitiation, for six months (assuming the child is at least 6 months old).

The children are 4 yrs. Old and 2 yrs old, with no paternity test ever being done.

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Originally Posted by severe

the children are 4 yrs. old and 2 yrs old, with no paternity test ever being done.

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If she leaves without going to court to get permission and he chooses then he goes to court in Florida and she will either have to return or at a minimum return the children. If she tries hiding then that will make matters worse.