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

    Apr 30, 2010, 01:15 PM
    Can I Leave MO with my daughter without being charged with Kidnaping?
    MY question is a litle complicated but the father of my Daughter and I have dated for the last several years and we have a 2.5 year old and one on the way. We recently separated and I want to leave MO and move back to Texas where I was born. He wants custody but I won't leave without my daughter. There is no legal custody set up between me and him, If I just take her and go will I be charged with kidnapping?
    s_cianci's Avatar
    s_cianci Posts: 5,472, Reputation: 760
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    #2

    May 2, 2010, 10:42 AM

    If there is no custody order established, then you're free to move if you wish. But if the father should decide to petition for custody the burden would be on you to return to Missouri, at your own expense, in order to answer his complaint.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    May 2, 2010, 10:54 AM

    Yes if he files, you will have to do the court battle for custody in MO. Plus the court may order that he gets joint custody and you have to return the child to Mo to live, so you may have to move back.

    If the father is part of the child's life, he has the right to equal time with the child
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    May 2, 2010, 01:12 PM
    Please pay more attention to posting guidelines. There is a Read First sticky in the many forums that directs questions of a legal nature to this forum.

    If he is on the birth certificate, then he has equal rights. So, while you won't be guilty of kidnapping, you may be forced to return the child. MO will definitely have jurisdiction in this case.
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