What Happens When a Custodial Parent Relocates a Child Without Permission?
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Summary
What happens if the mother takes off with the child with no warning or consent from the father, across the U.S.? It may be considered parental kidnapping. |
“I have read about the subject of relocating with a child in Florida, How the courts make the decision and so forth. But my question is, what happens if the mother takes off with the child with no warning or consent from the father, across the U.S.?
Is this illegal? Will authorities bring the child back to Florida? Is there something I need to do to keep the mother from leaving with the child? I am the secondary residential parent with visitation and the court order states nothing of relocating.:
You need to consult with a family law attorney in Florida. However, generally speaking, if a custodial parent takes a child away such that the non-custodial parent is unable to exercise their court-ordered parenting time (visitation), then the custodial parent is in violation of the court order, and may be guilty of parental kidnapping. In such a case, the non-custodial parent should be able to get an emergency court order transferring custody to them, and ordering that the child be returned to them.
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For more on this subject check out these categories: Child Custody, Family Law, Move Aways & Relocation, Parental Kidnapping, Visitation
Anne P. Mitchell, Esq. is a noted family law expert, Internet law expert, and Professor of Law at Lincoln Law School of San Jose. She is the author of "Surviving Divorce: the Single Father's Guide" and "The Email Deliverability Handbook" Contact This Author
State laws vary, and the above is intended as general advice, and not direct legal advice regarding any one particular situation in any one state. For direct personal legal advice related to your own situation you should consult an attorney familiar with the laws of your state and with your situation.