QUESTION
Is it kidnapping if you move with your child?
Asked on Jul 28th, 2014 on Child Custody - Washington
More details to this question:
My son has a child from a relationship with someone he is not married to - can he move to another state which he has family and support -he has discovered his girlfriend has been having numerous affairs and she is abusive towards him (It’s not always the men who are abusive). There is no formal custody order or parenting plan in place. Would this be considered kidnapping or illegal? They were residents of Washington State and have recently moved to AZ - thank you - your help is appreciated.
2 ANSWERS
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Law Offices of Helene Ellenbogen P.S.
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It sounds like your son is not the legal father of the child as he is not married to the mother and has not established himself through a parentage action as the legal father. He needs to do that and as part of that can ask for a custody determination (or in WA for a parenting plan) and permission to relocate the child. If she is abusive toward him, he needs to get a protection order which, depending on the circumstances, could also cover the child. Her affairs are irrelevant.
Answered on Jul 29th, 2014 at 6:56 PM
Dave Hawkins
If there is no custody order in place and paternity has been established, he has paternal rights but no custodial rights to the child and if he left WA. state with the child, he could be charged with custodial interference a felony in Wa. state and he would most likely have the Police at his door for transporting a child across state lines to which he has no legal custody. However, since they live in AZ now, Wa. state no longer has jurisdiction over the matter and you would need to speak t an attorney licensed to practice in AZ.
Answered on Jul 29th, 2014 at 7:02 AM