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    nikk2010's Avatar
    nikk2010 Posts: 2, Reputation: 1
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    #1

    Oct 27, 2012, 12:24 AM
    Can I be charged with parental kidnapping?
    My ex and me have never been married he has had me served with papers saying that he is taking me to court for custody. The paperwork says we both have to reside in county but we have never been to court. If I take my daughter and move out of state for a better job and to build a better life for us will I get into trouble?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Oct 27, 2012, 12:48 AM
    He can file to have the child return to his state pending a outcome of the custody hearing. And also file that the child can not leave state.

    He will try to show you are moving now, only because he filed for custody. So you really need to get his permission to move and/or go on to court and gets the court permission
    nikk2010's Avatar
    nikk2010 Posts: 2, Reputation: 1
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    #3

    Oct 27, 2012, 01:34 AM
    Quote Originally Posted by Fr_Chuck View Post
    He can file to have the child return to his state pending a outcome of the custody hearing. And also file that the child can not leave state.

    He will try to show you are moving now, only because he filed for custody. so you really need to get his permission to move and/or go on to court and gets the court permission
    But nothing has happened... I was served papers back in January and haven't heard anything since... no court date or anything... he doesn't take care of her when I let him have her anyway his parents do he is only wanting joint custody so I can't leave
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Oct 27, 2012, 05:31 AM
    Since you were served papers that means there is pending litigation. That means you can't make a move without court permission. Otherwise, as chuck said, the court could force you to return the child to their jurisdiction.

    If you want to move, then you have to file a counter suit for custody and permission to move.

    You would not be accused of parental kidnapping unless you try to hide your location from him. However you would be cited for contempt of court.

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