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heather-payton · Oct 26, 2007, 04:14 PM

Hello I was wondering if anyone could tell me if I I could take my daughter to Washington considering me and her father have no custody order or visitation.. Is there anything he can do in stopping me if I just bring her with me?

charlotte234s · Oct 26, 2007, 10:48 PM

You could get in trouble if you move the child out of state without full legal custody if he decides one day to pursue custody, and he could file kidnapping charges and stuff like that.

I would suggest going to the courthouse and finding out about getting full legal custody.

famlee · Oct 26, 2007, 11:27 PM

Getting full custody and approval to move is certainly the best thing to do.

However, I am not sure that even if he filed for custody AFTER you moved, if you two had never been to court for anything BEFORE the move, if you'd be charged with anything.

I'd call local attorneys who deal with family law and see one who gives a free consultation. They could advise you better than anyone.

Parental Kidnapping Prevention Act

What state do you currently live in? You'd need to know their laws about custody, moving, visitations, etc.

Has paternity been established?

excon · Oct 27, 2007, 06:18 AM

Hello Heather:

In the absence of any legal award of custody to the contrary, YOU have custody and you can move anywhere you like WITHOUT worry of being arrested. Believe me, you AREN'T kidnapping your child.

IF there was a custody ORDER that you're violating, then yes, you can be busted.

Can he stop you?? Not without a custody ORDER. But he can get one and very possibly bring you back to the state.

excon

macksmom · Oct 27, 2007, 06:22 AM

excon is right... if there is no court order stating otherwise... you can move wherever you want.

s_cianci · Oct 27, 2007, 06:24 AM

If he's aware of your intention to move out-of-state and is opposed to it, he can take you to court and attempt to get an order of custody and/or visitation, which could limit your options as far as relocating.

brandiginn · Oct 28, 2007, 01:06 PM

You can't be charged with kidnapping your own child unless there is a custody order that you are violating. Typically if you are in you new state for 6 months you and child are considered residents and any legal proceedings have to be done it that state, he can't drag you back to the state you were in. But, this can hold true for him too, it wouldn't be kidnapping if he took her either, so if you move, you should definitely file for custody soon after you get there to keep him from taking her back.