If I leave the house with our children could their father have me arrested for kidnapping?
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If I leave the house with our children could their father have me arrested for kidnapping?
The situation between the father of my children and I is going downhill fast. We live togethe but have never been married to each other. When I tried to leave the house to go stay at my parents’ house within the same state he informed me that constitutes kidnapping. Is what he is saying true?
Asked on October 28, 2012 under Family Law, Montana
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
If there is a court order in place--- then it still wouldn't be kidnapping. Instead, the charge would be low version of kidnapping called interference with child custody or custodial interference. So, if there are orders, just make sure that you follow them. If the orders don't restrict your movement, then you can leave with the kids regardless of how he feels about it. If there are restrictions on your movement, then just petition the court for a modification of your orders so that you can move whereever you would like.
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Since you are the mother of your children and there is no court orde rin place prohibiting you from taking your minor children with you then under the laws of all states in this country if you take your children with you no crime has been committed even if the father disapproved of such.
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