Is It Parental Kidnapping To Move With Children While Still Legally Married?

Question:

My wife and I are still legally married though we have been separated for many years. She recently moved with my child to another state and enrolled him in school without my permission.

Since there are no custody or related court orders can I go get my son and bring him back to live with me? Would it hurt the future divorce and child custody case if I were to do this?

Answer:

I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Indiana divorce and child custody laws where I am licensed to practice.

Since there are no child custody orders in place, the child’s mother is also entitled to make decisions regarding the child. However, even if there are no custody orders in place, it is possible for the child’s mother to contact law enforcement if the child is taken in her absence and there may be criminal or civil remedies available to her for your actions.

Depending on the circumstances, it is possible parental kidnapping charges may apply based on the specific facts of the situation. Additionally, the court will determine whether removing the child from the care of the mother was in the best interest of the child. It is likely to determine that getting the child back through the court system is the best method and in the best interest of the child.

There are certain time restrictions on getting the child back in the state for purposes of jurisdiction so you will want to move forward with filing for divorce or the other necessary actions to allow you to request emergency custody as soon as possible.

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.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Noblesville, Indiana Divorce Lawyer Sara Pitcher, contact Cordell & Cordell.