It depends whether there is a court order setting out custody and visitation. If there is no court order restricting a parent's right to his/her child, either parent can take the child anywhere he/she wants to and it is not against the law.
However, if there is a custody order in place and the parent violates the order and refuses to return the child or runs off with the child, that parent can be charged with parental kidnapping.
Yes, until you file a petition to establish custody and visitation. Once you get a court to set up timeframes for these matters, you'll have grounds to file contempt and other criminal charges (including parental kidnapping) if the court order is violated.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).