Taking a child across state lines

[xogorkizkopremx]

What is the name of your state (only U.S. law)? IN

I would like to take my 6wk old daughter to Iowa for a wedding I was invited to by a friend. The wedding is Fri, but we would leave Wed and come back Sat.

However, when I told my babies father this, he says he will not allow his daughter to leave the state.

We have not yet been to court for custody (we go to court Nov 9).

Right now, I let him have her Mon after he gets off work, all day tues, all day wed, and sat when he gets off work. (No overnights, still..Usually until about 10pm)

I told him I would have to pick her up early Wed (he usually keeps her till 10, I would have to pick her up at 6pm). And that he could get her Sun when he gets off work instead of Sat.

(This past weekend he wanted to trade his Sat for Fri because he wanted to go to a football game, knowing that he didn't want to have her Fri either because he was sick [too sick to see his daughter, but not too sick to fly the next morning to go to a game]. So, if he can trade his days with her, why can't I?)

Since we have nothing set up yet, custody-wise, can he get me for "kidnapping" his child if I leave IN?

It's ridiculous, however. We live on the border to KY, too, so technically then I wouldn't be allowed to go there, either??

 

[Hisbabygirl77]

What is the name of your state (only U.S. law)? IN

I would like to take my 6wk old daughter to Iowa for a wedding I was invited to by a friend. The wedding is Fri, but we would leave Wed and come back Sat.

However, when I told my babies father this, he says he will not allow his daughter to leave the state.

We have not yet been to court for custody (we go to court Nov 9).

Right now, I let him have her Mon after he gets off work, all day tues, all day wed, and sat when he gets off work. (No overnights, still..Usually until about 10pm)

I told him I would have to pick her up early Wed (he usually keeps her till 10, I would have to pick her up at 6pm). And that he could get her Sun when he gets off work instead of Sat.

(This past weekend he wanted to trade his Sat for Fri because he wanted to go to a football game, knowing that he didn't want to have her Fri either because he was sick [too sick to see his daughter, but not too sick to fly the next morning to go to a game]. So, if he can trade his days with her, why can't I?)

Since we have nothing set up yet, custody-wise, can he get me for "kidnapping" his child if I leave IN?

It's ridiculous, however. We live on the border to KY, too, so technically then I wouldn't be allowed to go there, either??

No its not kidnapping. You have no order set up for visitation by the courts so you can go without worrying about cutting into his visitation to be a good coparent with him make up the days when you come back if he wants to with his daughter. It is not kidnapping for you go on vacation with your child. Nothing is legally stopping you. But I do recommend that you get something through the courts for visitation/custody before to long. It always seems to end up badly if you dont. Then the order can protect both of you.

 

[xogorkizkopremx]

Yeah, we're going in Nov.

We were going to try and do it outside of court.
Then I got the papers served to me that he was taking me to court.

I'm glad, though.

If he tries to call the cops on me, there is nothing they can do??

I have the baby about 80% of the time, him 20% of the time. So, I don't see where it would be a big deal for me to take her.

And like I said, he would still get to take her Wed, just for less hours. The only real dif. is that he would get her Sun instead of Sat.

I even offered to let him have her overnight that Sun to make up for the time.

His response was still no, and that I would be hearing from his attorney.

 

[Hisbabygirl77]

Yeah, we're going in Nov.

We were going to try and do it outside of court.
Then I got the papers served to me that he was taking me to court.

I'm glad, though.

If he tries to call the cops on me, there is nothing they can do??

I have the baby about 80% of the time, him 20% of the time. So, I don't see where it would be a big deal for me to take her.

And like I said, he would still get to take her Wed, just for less hours. The only real dif. is that he would get her Sun instead of Sat.

I even offered to let him have her overnight that Sun to make up for the time.

His response was still no, and that I would be hearing from his attorney.

Let him call the cops they arent going to do anything. In most states the police wont get involved in custody/visitation disputes that ARE court ordered. They will just tell the parents to deal with through the courts. In the states or cities where the police will get involved they will only do so if the parents have a court order stating they are suppose to have child. You dont have a court order you have every right to take your child on vacation. Hes just being a bully