Can my Ex Take me to Court for Parental Kidnapping If I Move Out of State with our Child?

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“ok, i have been divorced for seven years and i was awarded sole custody of my daughter. in our divorce papers it just states i have custody and he pays child support. i remarried a man in the military 1 year ago. i moved from IL to VA and back. now, in six months i am moving again to VA. my ex says he will get me for kidnapping if i go. is it possible? do i have to get a court order to let me go or can i just go.”

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

You need a Court order to make any move that negatively effects your ex’s court-ordered timeshare with your daughter. She is his daughter, too. If your order specifically states that you are allowed to relocate out of state, then of course you can follow that order. Whether it would be kidnapping or not is a question you should never need to get to. Get a court order, or at very least have a local attorney analyze your order to determine whether or not your paperwork contemplated your being allowed to move out of state without additional orders being filed. Likely your order specifies the home state and likely even county where you and your daughter are allowed to reside.



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Author: House Attorney

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