[motheroftwo87]

I have two kids that I take care of all the time without help from the biological father. The father is in jail and has a criminal history. He is court ordered to pay child support but does not pay that either. I live with my mother and father, and recently my father has been given a promotion and a pay increase. Along with that he has to transfer out of NC to TX and I was wanting to go with them. I have been told that since there is no custody order between myslf and the father of my children that if I move, he could file kidnapping charges on me when he is released from jail. Can someone tell me if he is able to file kidnapping charges on me, considering the fact that he has no relationship with the children and is not paying child support.

[AK lawyer]

... I have been told that since there is no custody order between myslf and the father of my children that if I move, he could file kidnapping charges on me when he is released from jail. ...

You were told wrong. Just make sure he knows how to contact his chidren after you move.

[motheroftwo87]

The father of my children has not seen or heard from the father since August of 2011 and by moving to TX it allows the children to get a better education. So if I move from NC to TX and do not give the father any information on where I am at what happens then?

[AK lawyer]

... So if I move from NC to TX and do not give the father any information on where I am at what happens then?

Well, some states make it a crime to hide a child from one of the chid's parents. But I don't see anything in the North Carolina criminal statutes that would apply, so nothing, I guess.

[Fr_Chuck]

As soon as you move and establish residency you really need to get a order of custody.
Remember if he is the legal father, ( assume that is proven in court or on birth certificate) if you have court ordered child support. So without custody order, nothing stops him from also taking kids, if you can take them.

[ScottGem]

There are federal laws governing parental kidnapping. So I would NOT advise hiding the children from the father. On the other hand, hiding doesn't not necessarily mean you have to inform the father.

But the best course of action is to establish residence in TX then file for sole legal and physical custody. This way you don't have to worry.

[AK lawyer]

there are federal laws governing parental kidnapping. ...

Scott, you may recall we discussed a similar issue in another thread a few days ago. The Federal kidnapping statute, 18 USC § 1201, seems to more-or-less exclude parental kidnapping. So which statute is it to which you are referring please.

... But the best course of action is to establish residence in TX then file for sole legal and physical custody. This way you don't have to worry.

Specifically, the children (assuming they are not under 6 months in age) would have to be in Texas for at least 6 months.

[ScottGem]

Try USC 28 § 1738A

Parental Kidnapping Law & Legal Definition