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It all depends on the circumstances, if a parent chose too press charges it can escalate too that. but say you told the other parent it was alright with your mom if you came, but they really didn't..the outcome may be diffrent. but there really is no definite answer of how far it can go.

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12y ago
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11y ago

Yes, unless they have permission from the court.

Yes, unless they have permission from the court.

Yes, unless they have permission from the court.

Yes, unless they have permission from the court.

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11y ago

If an adult takes a child without LEGAL custody, it is kidnapping-- in the USA, for sure.

Depends. if you are still married and none of you have gotten temporary custody yet until the divorce is finalized, both have equal rights to the child and it would not be kidnapping.

If you have never been married and the father have never applied for custody or visitation the mother have custody. So she can leave the state with the child without his permission but he cannot leave with the child without her permission.

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15y ago

It can be if they do not have permission to take the child.

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12y ago

Yes, because it is unauthorized act of taking away somebody.

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11y ago

Yes, unless they have permission from the court.

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13y ago

During a normal visitation? No.

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13y ago

yes.

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Q: Can a parent be charged with kidnapping if they take the child out of state with no custody arrangements through court?
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Can you have the other parent arrested for moving the child out of state without your knowledge or permission if he has violated a court order?

You haven't said who has custody. You may be able to but you must go through the court that has jurisdiction over the case. You should report the kidnapping immediately and let the court advise you.You haven't said who has custody. You may be able to but you must go through the court that has jurisdiction over the case. You should report the kidnapping immediately and let the court advise you.You haven't said who has custody. You may be able to but you must go through the court that has jurisdiction over the case. You should report the kidnapping immediately and let the court advise you.You haven't said who has custody. You may be able to but you must go through the court that has jurisdiction over the case. You should report the kidnapping immediately and let the court advise you.


What will happen if you don't have legal custody of your child and you move them to another state?

You cannot legally move a child out of state if you don't have legal custody. You would be kidnapping that child. If you are an unmarried father you must obtain proof of your paternity through the court and then you can petition for custody. Otherwise, you have no parental rights and if you take the child it will be a law enforcement matter.


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It is always preferable to get legal advise when dealing with any court issues. Most attorneys offer free consultation or charge a minimal fee. If the situation is a amicable one, it's possible custody arrangements can be accomplished with the cooperation of both parties through Family Court.


Is it kidnapping if husband won't give kids back if they were left in the mothers custody when the separation occured?

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You have to go to court and petition for custody. Unless her parents are unfit you will not get custody though.