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socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 37960
Experience:  Retired (mostly)
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I want to move back to Colorado with my kids. I am being verbally

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I want to move back to Colorado with my kids. I am being verbally abused in front of my kids. We had move to Minnesota in February I currently done.have a job. Will I be charged with kidnapping if I move with my kids?
Are you married to the children's father?
Customer: replied 3 years ago.
Yes we have been married for 2 years
Okay, thanks.

MInnesota Statute 609.26 prohibits a parent from concealing a child so as to deprive the other parent of his or her parental rights -- except where the parent reasonably believes the action taken was necessary to protect the person taking the action or the child from physical or sexual assault.

You describe the circumstances as verbal abuse. This is not a defense to kidnapping under the statute. However, if you tell the other parent that you are taking the children to your parents, then you are not concealing the children, and so you are also not in violation of the law.

You don't have to notify the other parent until you have already left with the children. So, you don't need to have a confrontation.

Once you are gone the other parent will have to file a petition for custody and the court will then decide what to do. Meanwhile, you can file a petition in the new state for a temporary restraining order to not have to return the children to Minnesota.

Ultimately, the two state courts will get together and decide the best course of action.

In short, while I cannot promise that you will be able to stay in Colorado with the kids, you won't be kidnapping them if you notify the other parent that you are leaving with the kids to your parents in Colorado.

Hope this helps.
Customer: replied 3 years ago.
But what if in Colorado my husband has had child abuse charges and physical abuse to me. I don't trust him at all with our childeren?

That's an issue for the court to decide when you file the petition for a temporary restraining order in Colorado family court. It doesn't affect your right to leave with the kids, and proof of past abuse may be relevant in deciding to issue the restraining order. But, you can't just go to Colorado, and then do nothing. You will have to ask the court to prevent your husband from obtaining an order to return the children to Minnesota.

Hope this helps.

Customer: replied 3 years ago.
Sorry I'm just trying to figure stuff out. So what you are saying is that my childeren and I can move with out my husband knowing and then when I am gone I can inform him that we went back to Colorado? Than I would have to file for a restraining order and get temporary custody of our kids? Sorry I am afraid.that if I leave with them I will get charged with kidnapping and then I will lose my.childeren for good

Here's the statute (609.26). You can review it for yourself. The law requires that you conceal the children from the other parent. If you don't conceal the children's whereabouts, you cannot be prosecuted under the law. Or, if you fear physical abuse from the other parent, then you have an "affirmative defense" to any prosecution.

 

If you need to discuss this with local legal counsel, then for a legal aid organization, see this link.

Hope this helps.

Customer: replied 3 years ago.
I don't understand I'm sorry

So what you are saying is that my children and I can move with out my husband knowing and then when I am gone I can inform him that we went back to Colorado?

A: You need to notify your husband immediately after you leave.

Than I would have to file for a restraining order and get temporary custody of our kids?

A: Correct.

Hope this helps.

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