If my husband has full custody in one state can I take my children to the state I live in and file for custody without getting a criminal charge?

Katie - posted on 08/26/2011 ( 4 moms have responded )

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My husband lives in another state and currently has full custody of my two youngest boys because I was unaware of the court date he had set up to obtain custody of them! I heard that if I take my boys over thats states line and then fill for custody of them in that state that thats not illegal because I am their mother and still have all of my parental rights? Is this true?

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Catie - posted on 08/26/2011

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First and foremost, GET A LAWYER! If you have no out of state visition with them, then it will be kidnapping, and you can/ will go to jail.

Do you have other children with him he does not have costudy of? You said youngest. Different states have different laws about filing against him in your state. I'm curious what state does he and yourself live in?

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Since there's already an order in one state then another state will NOT start a case for you. If the children are living in yours tate for more than 6 months THEN you can file a change of venue (which moves the case to where they are), but it doesn't sound like that's going to happen.

Legally, you have to return them when the order says or it's kidnapping. Him having full custody means your rights to the children are severely limited.

I would highly recommend looking into legal aid in the state the kids are and taking your ex back to court. You can file something that says you weren't properly notified of the court date and they'll give you a new court date. Until that new date, though, you have to follow the current order.

I'll reitterate this point though - GET A LAWYER. If you can't afford one, look into legal aid programs.

Rachel - posted on 08/26/2011

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I think that because your ex has full custody it would be considered kidnapping. I would start the proceedings for custody. Are your children being properly taken care of? that is something the court will look at. Do you have a good steady relationship with your children. This is another question they will ask. Do not just take them

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