Legal Question in Family Law in Maine

Re: Is it considered kidnapping if you're married and move out of state with child?

It probably would. It would depend on how long the daughter has resided in Maine. Even if your sister moves with the child anyway, it is likely that the divorce action would have to be filed in Maine. Most states have residency requirements mandating that a person be a resident of that particular state for a period of time before permitting them to file for divorce. For example, in Maine, a person must be a resident for at least six months before filing.

If she steals the child down to Georgia, she can expect the husband to file in Maine, requiring her to defend herself in a distant state, and the fact that she took the daughter out of state against the father's wishes is going to count against her. It is possible that the court will order the daughter to be returned to Maine for at least the pendency of the divorce.

Moreover, even if Georgia had a short residency requirement, it's likely that a statute known as the Uniform Child Jurisdiciton Enforcement Act would require the divorce to be brought in Maine.

If your sister is a resident of Maine, her safest bet is to do the divorce in Maine asking for primary residence of the child, unless she believes that her husband will not file in Maine while she waits out Georgia's residency requirement.