Hi,
I'm from Hawaii, married and have two kids. We are not a citizen yet, if I want to move my children to Texas can my husband sue me for kidnapping? His domestic violence case was just dismissed this month and I'm scared because his acting again the same way as before since his case was dismissed already. Please help me I want to move to my relatives in Texas ASAP. Thanks.

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Originally Posted by Avilla

Hi,
I'm from Hawaii, married and have two kids. We are not a citizen yet, if I want to move my children to Texas can my husband sue me for kidnapping? His domestic violence case was just dismissed this month and I'm scared coz his acting again the same way as before since his case was dismissed already. Please help me I wanna move to my relatives in texas ASAP. Thanks.

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If you remove the children without his consent, you can be charged with kidnapping or you can be ordered to return the children in Hawaii.

You would be better off filing for divorce first. Then you can try to make the move part of the divorce.

Unless you try to hide your location from the father, its unlikely you would be charged with parental kidnapping. You can't be charged with kidnapping your own child, but parental kidnapping is a valid charge in most areas for removing and hiding the children from the other parent.

If you move without court permission, he can compel that the children be returned and the courts will not like your removing the3 children.