Legal Question in Family Law in Virginia
Children
My son is wanting to leave his wife but doesn't feel like his daughter will not be safe if he left her behind. Is it kidnapping if he leaves the state with her?
3 Answers from Attorneys
Re: Children
I wasn't happy with the other lawyer's answers so I'm weighing in.
They are partially right. It is kidnapping if it in violation of a court order. If a judge has already limited his custody he may not violate the order. If no judge has taken away any part of his natural custodial rights then he is free to move about the country with his child. All parents have natural 100% custody of their child - until some court takes it away.
Good luck
Re: Children
It could be kidnapping if your son were to remove his child from the state in violation of a valid court order.
Re: Children
Under the federal Parental Kidnapping Law, he could be charged with kidnapping if he removes the child without good cause and with the intent to deprive the other parent of custodial rights to the child.