Legal Question in Family Law in Illinois
if a married man does not give consent to his wife to take his kids away out of state is that kidnapping?
Asked on 9/29/12, 10:50 am
2 Answers from Attorneys
Jonathan Shimberg
Shimberg and Crohn, P.C.
No - she has equal rights to custody of the children. Until a court awards one custody or possession, a parent can take a child anywhere in the US.
Answered on 9/29/12, 10:54 am
Sue Roberts-Kurpis, Esq.
Law Office of Sue Roberts-Kurpis
It also depends on whether or not you know where she has taken the children and how long they have been gone.
Answered on 9/29/12, 4:11 pm