Can I be charged with anything if I took my daughter back to my home state to live without my husband?

UPDATED: Aug 11, 2011

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Can I be charged with anything if I took my daughter back to my home state to live without my husband?

I have moved back home to WI with my 17 month old daughter. I moved to NV to be with my husband when I found out I was pregnant. We married almost 2 years ago when we couldn’t find any way for me to be insured while living with him. He’s been overseas 5 months now and while over there he has decided he wants a divorce. I have no family in NV and only 1 friend that is in no way able to help me. So I decided it was in my best interest to move back home with her. What kind, if any trouble can I be in? Is this kidnapping?

Asked on August 11, 2011 Nevada


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Please, please, please seek legal help here as soon as you possibly can.  I am assuming that byour husband is in the military and that he is deployed overseas, correct?  You are right to worry that you could be charged with kidnapping in taking the child from her home and away from the home that you share with your husband.  H has a right to come home from overseas and know that his daughter is here he left her.  But I think what needs clarification is the way you have phrased the state if Nevada as your "home state."  More information is needed here I think and I really want you to speak with an attorney as soon as possible.  Good luck.

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