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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 116815
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My son and daughter in law live with her parents in Van Couver.

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My son and daughter in law live with her parents in Van Couver. They have had to move in because they could not afford to live on their own. They were married 4 years ago and moved to Van Couver 3 years ago. They have two children 3 and 1. My son has decided he wants to move back to Indiana because the cost of living is lower here and they could make it on their own. My daughter in law has told him at least 3 or 4 times to take the kids and come on back but now she is saying she will have him arrested for kidnapping if he leaves the state. She at one point said she would come and he turned in his notice at work but now she has changed her mind. No leagel action has been filed like seperation or divorce. Can he be arrested if he leaves the state with the children?
Absent any child custody order, both parents of the children have equal rights to the children. This means she would have no legal grounds to successfully pursue a kidnapping claim against him. She may call the police to try to file one, but because there is no child custody order and they are still legally married, the police will not be able to pursue him for any such kidnapping charge.

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