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    ironclad04's Avatar
    ironclad04 Posts: 193, Reputation: 8
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    #1

    Jun 9, 2009, 10:26 AM
    A single parents right?
    Hi there, ironclad04!! My question here might sound out of place, but Can a parent take away a child of theirs away without the other knowing about it? Ironclad needs advice on this! Leagally or non legal??
    stevetcg's Avatar
    stevetcg Posts: 3,693, Reputation: 353
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    #2

    Jun 9, 2009, 10:30 AM

    How do you mean... do you mean can one parent pack up and move to another state or do you mean can one parent deny visitation to the other?
    ironclad04's Avatar
    ironclad04 Posts: 193, Reputation: 8
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    #3

    Jun 9, 2009, 10:31 AM
    Quote Originally Posted by stevetcg View Post
    How do you mean... do you mean can one parent pack up and move to another state or do you mean can one parent deny visitation to the other?
    Taking a child without the other knowing about it??
    stevetcg's Avatar
    stevetcg Posts: 3,693, Reputation: 353
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    #4

    Jun 9, 2009, 10:35 AM

    Taking him where? Just away? To a place unknown? What is the legal status of both parents to the child (married, legal parents, nothing ever confirmed, etc)

    Sorry, but we are going to need some details to the story before we can determine what the answer to your question is... because right now it is very ambiguous.
    ironclad04's Avatar
    ironclad04 Posts: 193, Reputation: 8
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    #5

    Jun 9, 2009, 10:39 AM
    Quote Originally Posted by stevetcg View Post
    Taking him where? Just away? To a place unknown? What is the legal status of both parents to the child (married, legal parents, nothing ever confirmed, etc)

    Sorry, but we are going to need some details to the story before we can determine what the answer to your question is... because right now it is very ambiguous.
    My uncle is planning something very dissturbing to me about my cosuin, who is 11, and is planning to take her away from my aunt, who doesn't know? Out of state I think??
    susangpyp's Avatar
    susangpyp Posts: 258, Reputation: 73
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    #6

    Jun 9, 2009, 10:39 AM

    That's known as kidnapping.
    ironclad04's Avatar
    ironclad04 Posts: 193, Reputation: 8
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    #7

    Jun 9, 2009, 10:42 AM
    Quote Originally Posted by susangpyp View Post
    That's known as kidnapping.
    Any if he has a lawer already? She doesn't know about it!? Thanks for the feedback by the way! Ironclad is in your debt
    stevetcg's Avatar
    stevetcg Posts: 3,693, Reputation: 353
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    #8

    Jun 9, 2009, 10:44 AM

    Ok... first... this is a legal site, not a chat board. Please stop referring to yourself in the third person.

    If he has a lawyer, that means he is probably filing for divorce. She doesn't have to know about it until he files the paperwork. That is the legal way to do it. She might be blindsided by it but it is legal.

    If he were to just disappear one day with the kids, THAT is kidnapping.
    ironclad04's Avatar
    ironclad04 Posts: 193, Reputation: 8
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    #9

    Jun 9, 2009, 10:49 AM
    Quote Originally Posted by stevetcg View Post
    Ok... first... this is a legal site, not a chat board. Please stop referring to yourself in the third person.

    If he has a lawyer, that means he is probably filing for divorce. She doesnt have to know about it until he files the paperwork. That is the legal way to do it. She might be blindsided by it but it is legal.

    If he were to just disappear one day with the kids, THAT is kidnapping.
    Sorry about that, its not me asking for myself, I'm trying to get knowledge on this subject to learn more! You being very helpful, thank you
    They are married and 1 child, been married 11 yrs and now he is poling something, but I found out by suspious activity on his part
    stevetcg's Avatar
    stevetcg Posts: 3,693, Reputation: 353
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    #10

    Jun 9, 2009, 10:54 AM

    Chances are if he has a lawyer, he is doing things the legal way. "Right" is a different story. It sounds to me like your aunt doesn't know this is coming, which might be traumatic, isn't illegal.

    Chances are he will not be allowed to leave the state, or even local area with your cousin. Currently the court in the town that they live has jurisdiction. While they both have legal custody, if he were to leave, she would simply have to file for custody and he would not be allowed to leave the area with the child. If he then chose to leave, then it becomes kidnapping and he goes to jail.
    ironclad04's Avatar
    ironclad04 Posts: 193, Reputation: 8
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    #11

    Jun 9, 2009, 11:00 AM
    Quote Originally Posted by stevetcg View Post
    Chances are if he has a lawyer, he is doing things the legal way. "Right" is a different story. It sounds to me like your aunt doesnt know this is coming, which might be traumatic, isnt illegal.

    Chances are he will not be allowed to leave the state, or even local area with your cousin. Currently the court in the town that they live has jurisdiction. While they both have legal custody, if he were to leave, she would simply have to file for custody and he would not be allowed to leave the area with the child. If he then chose to leave, then it becomes kidnapping and he goes to jail.
    Thanks man! I know this is a lot of drama, but I was curious about what she options are? Or what he's doing legal or illegal? I'm not an expert in this field! But thanks for the feedback!
    susangpyp's Avatar
    susangpyp Posts: 258, Reputation: 73
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    #12

    Jun 9, 2009, 11:05 AM

    We're not quite sure what he is doing or planning to do.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #13

    Jun 9, 2009, 11:11 AM

    Ok, lets cut to the chase. The father can do anything they want without the knowledge of the mother in planning a divorce. The father can then spring the divorce on the mother. The father can even pack up and move with the filing for divorce.

    What the father can't do is move without notfying the mother where he has moved to. That is parental kidnapping and would get him in trouble.

    So, if your aunt suspects the marriage is over and your uncle is making plans then she might want to contact an attorney to head him off.
    ironclad04's Avatar
    ironclad04 Posts: 193, Reputation: 8
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    #14

    Jun 9, 2009, 11:18 AM
    Quote Originally Posted by ScottGem View Post
    Ok, lets cut to the chase. The father can do anything they want without the knowledge of the mother in planning a divorce. The father can then spring the divorce on the mother. The father can even pack up and move with the filing for divorce.

    What the father can't do is move without notfying the mother where he has moved to. That is parental kidnapping and would get him in trouble.

    So, if your aunt suspects the marriage is over and your uncle is making plans then she might want to contact an attorney to head him off.
    Thanks man!! I know that this might not be my business, but I'm curious as to the options she can take?? Its not my marriage, but I hate to see the kids suffer from the drama of it all you know?? But thanks for the feedback, all helps!
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #15

    Jun 9, 2009, 11:20 AM
    She may have many options which is why she should consult an attorney to detail them for her.
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