[Mybaby2004]

I have a 9 year old daughter an we want to go out of state for the summer vacation I have primary custody but her father keeps telling me I can't take her any where or he will he will have me arrested for kidnapping there is no court order visitation an she is going to be with his family for the summer does he have the right to tell me or stop me from leaving state for the summer an she lives with me 100% of the time an he takes her about 1 weekend a month

[ScottGem]

If there is no court orders then yes you can go. As long as you let him know where you are he can't claim kidnapping.

You may want to offer him some extra time to compensate for the weekends he will miss.

[AK lawyer]

One would have to know which state you are in to be sure, but in general, one parent taking a child somewhere without the other parent's consent is not kidnapping.

[Mybaby2004]

We live in Illinois and are wanting to go to Kentucky we are going to visit her fathers wife(which he is still married to her but no longer with her) an her children his sister n her children an her uncle n grandpa

[ScottGem]

Have you asked him why he is objecting? His threats about charung you wuth kidnapping are blowing smoke. Even if he tries, as soon as a prosecutor learns the truth that will be the end of it.

But if you find out why, maybe you can resolve things amicably

[Mybaby2004]

There is no resolution with him everything will always be an on going battle with him he just wants to think he had power and control an when my daughter was to her father went to Kentucky and got married and didn't come back for a few years an when he did come back he wanted to take out daughter down there and I said no because of everything I was hearing an come to find out he took her anyway but I have taking my daughter to Florida an Kentucky and Indiana before and never asked his permission but now he is throwing all this in my face saying if I leave h will call the police and tell them I am trying to run with her which I am not she wants to c her family and I believe he just don't want me around his wife which is totally dumb

[ScottGem]

Ok, The only thing I would suggest is that you have copies of the custody papers with you.

[AK lawyer]

Ok, The only thing I would suggest is that you have copies of the custody papers with you.

As I understand it, the parties never went to court and there are no "custody papers".


In Illinois, "parental kidnapping" is termed "child abduction", and is described in this statute:

"Sec. 10-5. Child abduction.
(a) For purposes of this Section, the following terms have the following meanings:
(1) "Child" means a person who, at the time the
alleged violation occurred, was under the age of 18 or severely or profoundly intellectually disabled.

(2) "Detains" means taking or retaining physical
custody of a child, whether or not the child resists or objects.

(2.1) "Express consent" means oral or written
permission that is positive, direct, and unequivocal, requiring no inference or implication to supply its meaning.

(2.2) "Luring" means any knowing act to solicit,
entice, tempt, or attempt to attract the minor.

(3) "Lawful custodian" means a person or persons
granted legal custody of a child or entitled to physical possession of a child pursuant to a court order. It is presumed that, when the parties have never been married to each other, the mother has legal custody of the child unless a valid court order states otherwise. If an adjudication of paternity has been completed and the father has been assigned support obligations or visitation rights, such a paternity order should, for the purposes of this Section, be considered a valid court order granting custody to the mother.

(4) "Putative father" means a man who has a
reasonable belief that he is the father of a child born of a woman who is not his wife.

(5) "Unlawful purpose" means any misdemeanor or
felony violation of State law or a similar federal or sister state law or local ordinance.

(b) A person commits the offense of child abduction when he or she does any one of the following:
(1) Intentionally violates any terms of a valid court
order granting sole or joint custody, care, or possession to another by concealing or detaining the child or removing the child from the jurisdiction of the court.

(2) Intentionally violates a court order prohibiting
the person from concealing or detaining the child or removing the child from the jurisdiction of the court.

(3) Intentionally conceals, detains, or removes the
child without the consent of the mother or lawful custodian of the child if the person is a putative father and either: (A) the paternity of the child has not been legally established or (B) the paternity of the child has been legally established but no orders relating to custody have been entered. Notwithstanding the presumption created by paragraph (3) of subsection (a), however, a mother commits child abduction when she intentionally conceals or removes a child, whom she has abandoned or relinquished custody of, from an unadjudicated father who has provided sole ongoing care and custody of the child in her absence.

(4) Intentionally conceals or removes the child from
a parent after filing a petition or being served with process in an action affecting marriage or paternity but prior to the issuance of a temporary or final order determining custody.

(5) At the expiration of visitation rights outside
the State, intentionally fails or refuses to return or impedes the return of the child to the lawful custodian in Illinois.

(6) Being a parent of the child, and if the parents
of that child are or have been married and there has been no court order of custody, knowingly conceals the child for 15 days, and fails to make reasonable attempts within the 15-day period to notify the other parent as to the specific whereabouts of the child, including a means by which to contact the child, or to arrange reasonable visitation or contact with the child. It is not a violation of this Section for a person fleeing domestic violence to take the child with him or her to housing provided by a domestic violence program.

(7) Being a parent of the child, and if the parents
of the child are or have been married and there has been no court order of custody, knowingly conceals, detains, or removes the child with physical force or threat of physical force.

...
(9) Knowingly retains in this State for 30 days a
child removed from another state without the consent of the lawful custodian or in violation of a valid court order of custody.

...
..."

What this means is that OP cannot be charged with child abduction, in Illinois anyway, unless the childrens' father obtains a custody order.

I don't see that the Kentucky criminal laws on kidnapping or custodial interference would be a problem either.

[ScottGem]

As I understand it, the parties never went to court and there are no "custody papers".

The OP said this: " I have primary custody but her father keeps telling me I can't take her any where or he will he will have me arrested for kidnapping there is no court order visitation"

When someone uses the term "primary custody", it indicates to me that it may be court ordered. Note the portion I bolded. She specified visitation not custody. Again leading me to believe that there might be court ordered custody. Hence my advice.

Good find on the statute though. Confirms what I said that his threats about having her arrested for kidnapping are blowing smoke.

[AK lawyer]

...Good find on the statute though. ...

The maternal presumption is a surprise.

[Mybaby2004]

No custody has been determined our court papers state that I have physical custody an the child lives with me 100% of the time all our papers state is that her father is a responsible relative obligated for the support of our child an that I have physical custody of the child an out court paperwork stating this is based on child support that is a we have ever gone to court for

[ScottGem]

our court papers state that I have physical custody an the child lives with me 100% of the time

Then custody HAS been determined and ordered by a court. It is unlikely it will come to it, but if the police do interview about kidnapping, just show then the court papers that say that and that should end it.