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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 35777
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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While I was at work my wife packed up herself and my 4yr old

Customer Question

While I was at work my wife packed up herself and my 4yr old daughter. She said she is leaving me, moving in with her father and taking my daughter on vacation for a week. Can she just leave with my daughter? and Leave the state for a week?
Submitted: 1 year ago.
Category: Legal
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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If you are still legally married, then you would both be considered to have exactly equal custodial rights to the child. What that means is that whoever has the child has a legal right to do so and the other parent can't compel them to transfer custody without a court order.

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So as long as the mother isn't leaving with the child with the intent to permanently deprive you of any contact with the child, then this wouldn't be considered parental kidnapping.

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I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

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thanks

Barrister