If I move out of the house with our child can my husband charge me with kidnapping?
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If I move out of the house with our child can my husband charge me with kidnapping?
We have a 3 year old together and I
want to dissolve the marriage. He’s not
accepting that I want out, even though
I’ve been telling him for months. I’ve
finally had enough and just want to
leave. But I don’t want to do anything to
jeopardize custody of my child.
Asked on August 30, 2017 under Family Law, Minnesota
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
So long as no formal court proceedings have been initiated and/or there is no formal court order in effect, then as your child's parent you can move out an take them with you. However, once the situation changes (e.g. you file for divorce, etc.), then you could be charged with parental kidnapping if you leave the state or do not disclose your child's whereabouts. At this point, since potential custody issues may arise, you really should consult directly with a local divorce attorney; they can best advise you further.
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