You can move out of state with the child if: You are legally allowed to be moving out of state with a child and no custody agreement. Let’s say the father has been involved in the child’s life and you are moving out of state with the child. Parents are viewed as having equal rights tothe child and either can go wherever they choose, and when they want at anytime with the child. With The Hive, you’re not just another client, you’re family. So, we know that the mother can keep a child away from the father. This is because child custody is a civil order. Child custody laws make the judge do what’s in the best interests of the child. If you happen to show back up in court, the judge may ask you about your authority to travel. If the parents were never married and there is no custody order, the mother keeping child away from father is NOT illegal. When one parent relocates the child without notification, this is parental kidnapping. If you’re married and there is no court order of custody, it’s legal for the other parent to take your child. Parental Kidnapping Can Be a Federal Crime. Unmarried Parents If the child's parents were never married, the law in most states says the father has no rights without a custody agreement. The laws on parental kidnapping (also known as custodial interference, child concealment, or parental abduction) are different in each state. If you’re going through a divorce, paternity proceedings, or a child custody dispute, it’s unlawful to interfere with the rights of the child’s other parent. If he wants the same access and status as a parent, he must petition a family court and obtain those rights. The other parent can report the child missing. They will follow the correct legal processes of: When one parent is keeping the child from the other parent, you can potentially: But why do you need to contact a child custody lawyer? Parental Kidnapping No Custody Order. If there is no custody order in place and you want to take your child, document the conversations with your ex. Some parents are surprised to learn that their state does not require the use of force or a weapon to support the criminal charge of parental kidnapping. Mothers have full custody and do not need the father’s permission to move. ... EDIT: There is no final custody order right now we currently have equal rights. The OP asked "Is it parental kidnapping or "custodial interference" if there is no custody order?" But can a parent take a child out of state without the other parents consent? Even though many states do not have a penal code entitled “Parental Kidnapping,” most have structured their general kidnapping laws to provide for the same type of offense. The only way that police will enforce child custody is if there is a court order for them to. A child custody lawyer will notify the parent that they are violating the custody orders. Parental kidnapping without custody order is not valid. If you have a custody order and the non-custodial parent … You had reasonable belief that child was in danger; 3. The judge may sympathize with the father. And she can make all major decisions for the child. In some states, it may be against the law to take children out of state only if it violates a custody order or if there is an active custody case pending. A parent with legal custody of their child pursuant to a court order cannot usually be charged with parental kidnapping. Regardless of whether there is no custody order, a father cannot take a child away from the mother. In order for a situation to entail parental kidnapping, you or the other parent must violate a court order. It depends on whether the parents of the child have been married or not. Without an order in place, you do not commit parental kidnapping by keeping your child longer than … Free Advice® is a unit of 360 Quote LLC providing millions of consumers with outstanding legal and insurance information and advice – for free – since 1995. Even though Michigan prohibits a parent from keeping a child for longer than 24 hours, it does include a defense for the parent attempting to protect their child from an actual threat. If a father takes a child away from the mother, then he may be committing parental kidnapping. If they cannot, the courts will make up their own custody and visitation plan for you. When you call them, the police will fill out a report making sure you have a record of what is known as “Visitation Interference.”. Before you resort to a game of tug-of-war, consult with a family and criminal law attorney to make sure that you are not tugging your way into a parental kidnapping charge. Can a Parent Take a Child Out of State With Joint Custody? 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