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is it considered kidnapping?

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sheryl

Guest
I have a 14 month old daughter. her father and I are not married. we live in Seattle where our daughter was born, but are both originally from NJ where both our families live. The question is if we split up and I move back to NJ with our daughter without him is it considered kidnapping? i have heard of this happening before and the mother was arrested and put in jail.
thanks!
sheryl
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First, who has custody? Joint? Sole?

Second, if you have physical custody, than you have to send him written notice that you intend on moving, with at least 30- to 45 days notice prior to the move. He then has a right to file an objection, at which point you would go to court or mediation to work out custody and a visitation schedule. Be aware, since you are the one who wants to move, you will probably be required to pay for travel expenses to facilitate those visits.

If you just pick-up and move, yes, you can be charged with parental kidnapping. And yes, it is a Federal Felony. Pleading that you didn't know after the fact will not be an acceptable excuse, as ignorance of the law is not a defense.
 

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