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Leaving the state with a child even though married.is is kidnapping if he says no?
My daughter lives in Tennessee with her husband and she wants to come to see us and possibly separate (we live in Mississippi)... he told me yesterday she could go and take the baby too... now he told her she cannot take the baby. He was smoking dope today she found out so now he is saying she can't go with the baby... is it kidnapping if she leaves with the baby? Can she leave for a certain period without it being kidnapping? She is worried he can get her for kidnapping... can he do this? I thought she can at least come for a visit!
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Yes she can come for a visit. If there is no pending divorce/custody litigation then she can't be cited for kidnapping. If she does come visit, he could file for divorce and force her to return or bring back the child. If she leaves and then files for separation/divorce, she would have to file in TN and then the courts would decide custody/visitation. |
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She can not kid nap a child her own child if there is no custody order that says otherwise. As noted, her husband can file for divorce and file for custody, or visitation or more. At that point she may have to return to TN since husband will have right for visits |
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Parental kidnapping is generally defined as taking a child and secreting or otherwise hiding the child's whereabouts from the other parent. It makes no difference if custody orders are in place or not (of course if there are such orders and they are violated that is a separate offense of contempt of court). It's the act of hiding the child from the other parent that is the focus of the offense. If your daughter has no court order enjoining her from leaving the state with the child and she keeps the dad informed of where she and the child are there is no crime involved in that. |
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