[Shaeneann]

I am a young mother of a 4 year old daughter. She was born in Hawaii where I also lived with her Father. We moved to California where I'm from and live now, about 1 1/2 years ago. A few months after our move we decided to go our separate ways. We had an agreement notorised saying we would split time with her 6 months at a time beginning with me. He took off with her back to Hawaii while I was at work shortly after this and said he would keep her the first six months. He said he would let me have her after 6 months like we had agreed. The time came and I flew out to get her. He changed his mind and refused to let me have her. Granted he also rarely let me speak to her either... Well he kept her. I came home without her. This was March of 2011 when I went out there. It's been a year since I've seen my daughter. I don't have the money for an attorney, and I've been told that I have to have one to file for anything by Hawaii standards. My question is this... if I fly out there and take my daughter out of her pre-school class, then fly home with her, can I be in trouble legally? There is NO custody order of any kind. Please help me out here.

[AK lawyer]

Yes, you would be within your rights.

But nevertheless you might get in a mess of trouble. The school could call him &/or the police, who might arrest you first and ask questions lalter. And who knows what he may tell them.

Also, since your child has been in Hawaii for at least six months, that is the state where custody will have to be adjudicated (until she has been in another state for at least six months; assuming he doesn't flie in the mean time). So he could file there and you could be required to return the child to Hawaii.

[Shaeneann]

Thank you so much for your response. I am also newly married. If my husband is with me when I take her from Hawaii, can he be in even more trouble since my daughter isn't his? I just want to protect him too.