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FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 23941
Experience:  9 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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Can I move my children back to Oregon from Kansas if we have

Customer Question

can I move my children back to Oregon from Kansas if we have been in Kansas for only 5 1/2 months or is that considered kidnapping?? We are married for now.
Submitted: 1 year ago.
Category: Family Law
Expert:  FamilyAnswer replied 1 year ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.
Good morning. I certainly understand the situation and your concern. It is possible that you could face problems and/or criminal charges, since you would be taking the right of the child away from the father, without his consent or through court order. You could be looking at a charge of parental kidnapping or custodial interference and I have provided below a statute which you could be charged under, if applicable. In a situation like this, if you want to relocate, you should protect your legal interest and proceed through the court and have it ordered, if you can not agree with him. If you just leave, then he may call the police and they would need to decide if there is enough evidence to charge you and turn the case over to the State for prosecution.
21-5409. Interference with parental custody; aggravated interference with parental custody. (a) Interference with parental custody is taking or enticing away any child under the age of 16 years with the intent to detain or conceal such child from the child's parent, guardian or other person having the lawful charge of such child.
(b) Aggravated interference with parental custody is:
(1) Hiring someone to commit the crime of interference with parental custody, as defined in subsection (a); or
(2) the commission of interference with parental custody, as defined in subsection (a), by a person who:
(A) Has previously been convicted of the crime;
(B) commits the crime for hire;
(C) takes the child outside the state without the consent of either the person having custody or the court;
(D) after lawfully taking the child outside the state while exercising visitation rights or parenting time, refuses to return the child at the expiration of that time;
(E) at the expiration of the exercise of any visitation rights or parenting time outside the state, refuses to return or impedes the return of the child; or
(F) detains or conceals the child in an unknown place, whether inside or outside the state.
(c) (1) Interference with parental custody is a:
(A) Severity level 10, person felony, except as provided in subsection (c)(1)(B); and
(B) class A person misdemeanor, if the defendant is a parent entitled to joint custody of the child either on the basis of a court order or by virtue of the absence of a court order.
(2) Aggravated interference with parental custody is a severity level 7, person felony.
(d) It is not a defense to a prosecution under subsection (a) that the defendant is a parent entitled to joint custody of the child either on the basis of a court order or by virtue of the absence of a court order.
Expert:  FamilyAnswer replied 1 year ago.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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