Legal Question in Family Law in California

my x has primary custody of my kids in another state. Recently he is using meth and isnt able to provide for them. He is so paranoid that he doesnt think the kids are his own anymore. He is facing eviction therefor doesnt have a home for the kids in the next month. I am wanting to remove my kids from him. Can I legally take the kids from him without being prosecuted for parent kidnapping? I was also told that if I did notify a family member to tell him of the removal then it wouldnt be consider as kidnapping. I just want the kids to be safe and sound because I have heard of many tragic stories of parents killing their own kids due to drug use. He set the house on fire one night but luckily the FD was called and everyone was alright. He basically burn/destroy anything in the home because he thinks the invisible people are out to poison him n the kids. Sounds crazy right? I want to know if I can take them out of state w/o getting in trouble; by all means, I am just trying to protect my kids. PLEASE HELP


Asked on 1/05/14, 5:53 pm

1 Answer from Attorneys

I already told you. If it is not in violation if a custody order it is not parental kidnapping. Go get our kids.

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Answered on 1/05/14, 6:21 pm


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