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    may123's Avatar
    may123 Posts: 2, Reputation: 1
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    #1

    Jan 25, 2012, 01:26 AM
    If I move and take my daughter could I get kidnapping charges
    If I move and take my daughter could I get kidnapping charges if theirs no court orders and I'm not married.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
    Internet Research Expert
    		  
    #2

    Jan 25, 2012, 05:06 AM
    It mainly depends on the circumstances. We would need to know more about your situation. Yes it certainly can happen. Its always best to settle the issues before moving and garner the courts permission.
    lainy1's Avatar
    lainy1 Posts: 5, Reputation: -2
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    #3

    Jan 28, 2012, 07:38 PM
    It depends on who you legally are to the child. If you are the mother, and unmarried, in most states you have sole legal rights to your child. If you're the father, and unmarried, without a court order in most states you have no legal rights to your child. If you have sole legal rights to your child and no court orders giving visitation or preventing the child from moving, then you would not be charged with anything.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Jan 28, 2012, 07:56 PM
    The issue is what you do AFTER moving. If you do not inform the father of your whereabouts, then yes, this can be considered parental kidnapping.

    If there are no court actions involving custody and visitation, then you are free to move. However, the father could file an action to force you to return.
    may123's Avatar
    may123 Posts: 2, Reputation: 1
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    #5

    Jan 31, 2012, 10:44 PM
    I am a unmarried mother my child is in my custody I'm moving for schooling and I have no court order is it legal for me to move?

    Also I have no way to contact her father he is homeless and has no job is it legal to move if I can contact him because we have no contact with him as he's unstable and I have custody of my daughter and am moving to better my education and get a better job.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #6

    Feb 1, 2012, 04:03 AM
    Do you know and have contact with relatives of the father? The grandparents, etc. If so, contact them after you get settled. Does he know your relatives? Does he know he is the father?

    Also make sure you leave a forwarding address and make sure mutual friends or people he knows that you know are aware of how to contact you.

    As we said, with no court orders for custody or visitation you are free to move. As long as you don't try to hide from him, then you should be in no legal trouble. Given his situation it seems unlikely he will try to take you to court.
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