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Lawdoctor, Lawyer
Category: Criminal Law
Satisfied Customers: 1400
Experience:  Practiced criminal law in several states over a 22 year period, from misdemeanors to Death Penalty.
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Is it illegal to take your child out of state to live Against

Customer Question

Is it illegal to take your child out of state to live? Against the consent of the other parent who shares joint placement and custody with you 50/50 (Court Ordered)? I live in Wisconsin and thats where the order originated. My son's mother recently moved away with him to live in Jackson,MS. I expressed to her that I didn't want her to leave with my son. She left without me knowing and contacted me a week later to let me know that she has moved to Jackson,MS... I was also wondering if that would be considered kidnapping?
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Lawdoctor replied 7 years ago.

Is there a relocation prohibition in your Court Order?


Thank you


Customer: replied 7 years ago.
No there is no relocation prohibition in the court order... according to the documents we all live in the same house. She moved away and took my son with her and I haven't seen him or her since
Expert:  Lawdoctor replied 7 years ago.

Dear JA Customer:



Thank you for allowing me to assist you with your question.


Your question is very important to me, but please remember that I can only respond to the information you provide and I do not know your entire situation. My response is limited to what you have written to me and the answer may change with additional facts.


Also, due to site reasons, there are times I am initially only able to see a portion of post, so I apologize in advance if it means that you have to duplicate information.


There may be future facts that are as yet undetermined in your matter, that can and must leave some areas of information provided by me broad in nature. However, don't hesitate to ask for clarification if needed! At times, there can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break. Now, let's address your question!


I am sorry about your situation and the stress that it is causing you. First, if there is no relocation prohibition, then she can move, however, you can file a motion for modification and for contempt for her actions which has substantially interfered with your rights and visitation. Kidnapping would be stretch and you can allege it, but you would be better served to concentrate on the fact that she is denying you custody and visitation and thus has violated the courts order. You would want to petition for full custody and supervised visitation for her so that she does not have an opportunity to abscond with your child again.


One caveat, if she is hiding her location, then that could rise to 'kidnapping' and that is something you can discuss with local law enforcement, but they will probably direct you to look at the civil courts for assistance, as I have written above. If you can afford to hire an attorney, it would greatly speed things along and you should be able to recover your attorneys fees from her because of her 'bad acts'.


I wish you the very best.


Thank you again for trusting us with your problem. Good luck and Godspeed.

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