Immigration Law Attorney serving San Jose, CA
Be careful of your and your daughter's safety. You can call the police and request civil standby when you want to leave. Depending on the child's age, the police will help facilitate the move out. If you do not have court order, the police might or might not be very helpful either. However if your intention is to leave him and go out of the State, then do not act on it because you can be charged with kidnapping the child. Parental Kidnapping occurs when one parent deprives the other of his or her legal right to custody or visitation by illegally taking the child out of the jurisdiction. It is outlawed by the federal Parental Kidnapping Prevention Act (28 U.S.C.A. 1738A [Supp. 1993]), which applies the Full Faith and Credit Clause of the U.S. Constitution to child-custody cases, meaning that each state must abide by custody decisions made by another state's courts if the other state would be bound by those decisions. The Parental Kidnapping Prevention Act often works in concert with state laws, such as state adoptions of the Uniform Child Custody Jurisdiction and Enforcement Act, in order to facilitate the return of a child to the state that has proper jurisdiction. Many of the custody provisions in the federal law are similar to those in the corresponding state laws. Best thing to do is to consult an attorney in person in your area and get the right advise.
Answered on Dec 14th, 2012 at 10:50 PM