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Delta-Lawyer, Attorney
Category: Family Law
Satisfied Customers: 3546
Experience:  10 years practicing IP law and general litigation
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I am currently married. My husband is threatening me with

Customer Question

I am currently married. My husband is threatening me with divorce. I am looking into seeking local legal advice tomorrow. My question is" is he aloud to have my 8 year old daughter leave the state of Mississippi with his mother to Fly to Colorado without my consent? He is stating that he is moving the kids there.
Submitted: 1 year ago.
Category: Family Law
Expert:  Delta-Lawyer replied 1 year ago.
I hope this message finds you well, present circumstances excluded. I am a licensed attorney with over a dozen years of practice experience handling matters of this nature. It is a pleasure to assist you today. Since you guys are legally married, there is no real legal prohibition against him taking your child out of state. I say this because no court has jurisdiction over the matter at the moment. Once a divorce is filed, the chancellor can and will demand that he bring your child back to Mississippi. The court will also make a temporary custody decision during the pendency of the divorce proceeding. That said, I have seen instances wherein criminal charges for kidnapping were filed against one parent for taking the child or children without consent. This is a viable claim and can result in the person being arrested and charged. You need to let him know that if he does this, you will file charges for kidnapping against him since this action would be against your will as a legal guardian and parent. So, civilly speaking, he can potentially do this only because the chancery court does not year have jurisdiction over the matter. However, this can be considered a criminal kidnapping and you can file charges as such against this person. Let me know if you have any other questions or comments. Please also rate my answer positively (THREE OR MORE Stars). Best wishes going forward!
Expert:  Delta-Lawyer replied 1 year ago.
Did you have any other questions or concerns? I want to make sure you are as comfortable as possible as you move forward here. Thanks