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can my husband get me for kidnapping if I take my 2 teenage

daughters and move 6 hours...
can my husband get me for kidnapping if I take my 2 teenage daughters and move 6 hours away in the same state?
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Answered in 5 minutes by:
8/22/2013
ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 17,268
Experience: Licensed Texas General Practice Attorney
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ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

Can you tell me if you currently have a court order that specifies custody / visitation?

Customer:

No we are currently still living together.

ScottyMacEsq :

Thank you. While your husband could call the police on you, they almost certainly wouldn't do anything because it's not kidnapping. When there is no court order that specifies otherwise (i.e. a custody order) either parent is entitled to full custody of the child at any time. So if one party takes the child away from the home, the other cannot allege kidnapping. Kidnapping is the illegal possession of a child.

ScottyMacEsq :

Now he could certainly file in the county for custody / visitation, but without a court order that says otherwise, you can legally take the kids 6 hours away (or even to a different state) and not break any law.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

ScottyMacEsq
ScottyMacEsq, Attorney
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