Legal Question in Family Law in California

If you leave a spouse and take the kids from one state to another state, can that be considered kidnapping?


Asked on 9/22/16, 10:32 am

2 Answers from Attorneys

No, as long as there is no custody order in place or divorce on file that you have filed or been served with. However, unless the other spouse waits six months after the children are taken to another state, California retains jurisdiction over the marriage and the children. So the other spouse can obtain an order that the children be returned pending a court determination on child custody, primary place of residence, visitation and support. All other states will enforce such an order, and failure to comply will then be considered parental kidnapping.

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Answered on 9/22/16, 10:55 am
Arlene Kock Law Offices of Arlene D. Kock APLC

More information is needed to better assess your question. If this is a temporary visit, it's required that you provide the address as well as contact numbers to be reached. If you intend to relocate, it is best to get court orders permitting the children to change the residence to another state otherwise you run the risk of your ex getting court orders for the children's return to their home state.

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Answered on 9/22/16, 10:56 am


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