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    SNGLEMOM41STIME's Avatar
    SNGLEMOM41STIME Posts: 1, Reputation: 1
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    #1

    Mar 4, 2011, 07:57 AM
    Unmarried in MN wanting to leave state, can I?
    I would like to leave the state with my kids but not sure I can without the consent of father. We lived together for 12+ years but were NEVER married. As of now there is no court order. Can I leave? Or would it be considered parental kiddnapping? I live in MN.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Mar 4, 2011, 09:29 AM
    Quote Originally Posted by SNGLEMOM41STIME View Post
    I would like to leave the state with my kids but not sure I can without the consent of father. We lived together for 12+ years but were NEVER married. As of now there is no court order. Can I leave? Or would it be considered parental kiddnapping? I live in MN.
    Can you leave? Slavery was abolished in this country some 150 years ago. He doesn't own you. So yes, you can go wherever you want to go.

    Can you take your children with you? You say there is no court order prohibiting it. Therefore yes, you can take them with you.

    Would it be "parental kidnapping"? Not unless you hid the children from him. As long as you keep him advised where they are, no. It wouldn't be.

    However until the children have been in the new state for at least six months, if he decides to file suit against you for custody or visitation, he would file in Minnesota and, when served with process, you would have to defend that suit in Minnesota. That may entail getting a Minnesota lawyer, and possibly returning to Minnesota for hearings, etc. (unless you can arrange to participate remotely).
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