Is it considered kidnapping if I move out of state before our divorce is final even though my spouse is deployed overseas?
I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Ohio divorce laws where I am licensed to practice.
Whether your move out of state with the child would constitute “kidnapping,” due to fact that your spouse is currently deployed overseas, it very unlikely that you taking the children to a different state would constitute kidnapping.
Assuming you have temporary custody of your children, you would only be “kidnapping” your children if you were directly violating the your spouse’s custody or visitation rights.
This should not be interpreted to mean that you have permission to move the children out of the state; it just means that if you do so it is unlikely it would be considered kidnapping.
However, because you are currently going through a divorce, and there are likely temporary custody orders in place, you need to make sure that this move would not violate your spouse’s custody or visitation rights.
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Furthermore, just because moving the children outside of the state may not be kidnapping, it does not mean that you are permitted to or you should do so. It is very important for you to know and understand the current custody and parenting time orders in place in addition to knowing the local rules of the court.
When dealing with complicated issues like this, it is highly recommended that you seek the advice of an experienced family law attorney.
Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.