Legal Question in Family Law in California
Is it Kidnapping if leaving country with child during divorce?
Can it be considered kidnapping if I leave the country with my child during the process of divorce. My spouse has granted me full child custody on the divorce papers.
Is it recommended that I stay in the Country (or State) until the divorce is processed?
Please advise.
2 Answers from Attorneys
Re: Is it Kidnapping if leaving country with child during divorce?
The crime you need to worry about is not kidnapping, but rather child stealing. This crime can occur when you take the child and prevent the other parent from having custody or visitation as ordered by the court. You need to get a court order allowing you to move to another state or country. Because of the complexity of this type of motion being represented by an attorney is advisable.
Re: Is it Kidnapping if leaving country with child during divorce?
Even if not, the Court would look more kindly on you and your action if you wait. My recommendations are that you wait or, that you get an actual signed statement from the mom that she ok'd it. Just having full custody is probably not enough.
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