If I move out of the house with our child can my husband charge me with kidnapping?

UPDATED: Oct 1, 2022

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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


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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