Is there anything that can be filed against a mother who took her kids out of state without father's permission? 10 Answers as of June 18, 2013

The couple are married. They got into a fight and she took off with the kids. I was wondering if there was anything possible to charge her with?

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Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
While she has possibly committed a technical crime, law enforcement is not excited about pursuing parents who take their kids out of state. Your best bet is to begin a legal action in family court (e.g. a divorce or legal separation), and seek orders regarding custody and placement which guaranty you reasonable time with your children. A good lawyer often helps a lot.
Answer Applies to: Wisconsin
Replied: 6/18/2013
The Law Firm of Jessica M. Cotter, P.L.L.C. | Jessica M. Cotter
If you mean that the mother has moved out of state with the children, and there are no order about legal decision making and parenting time already in place, then father should initiate an action in the family court so that Arizona is confirmed as the jurisdiction where parenting time issues are determined. Forms for these types of matters are available at the self service center at superior court facilities around the state.
Answer Applies to: Arizona
Replied: 6/14/2013
Grace Law Offices of John F Geraghty Jr.
Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
You have to file a Divorce Complaint then you can ask for return of children.
Answer Applies to: Georgia
Replied: 6/14/2013
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
No, she is the mother. He might be able to force her to bring the children back, but he needs to file a divorce and/or custody petition immediately.
Answer Applies to: Idaho
Replied: 6/13/2013
Glenn Milgraum PC
Glenn Milgraum PC | Glenn P. Milgraum
Unless there is a Court Order that says otherwise, she was in her rights to leave. However the father can ask the Court to have them returned. Under the UCCJEA the "home state" of the child is the place that the child last resided. Once six (6) months passes the jurisdiction may change to where the child(ren) currently resides. If a Divorce Decree or Separation papers say otherwise, those papers may be controlling.
Answer Applies to: New Jersey
Replied: 6/13/2013
    Webster & Associates | Anita Webster
    If she moved and less than 6 months have passed since she moved, then you can file a Complaint for Divorce and ask the court to address custody. The court could order the return of the children. If more than 6 months have passed since she left then the place where she moved now has jurisdiction over the children and you would have to file in that state.
    Answer Applies to: Nevada
    Replied: 6/13/2013
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    You can file a request that the children be returned.
    Answer Applies to: California
    Replied: 6/13/2013
    Victor Varga | Victor Varga
    No, unless there is a custody court order in place granting you sole legal custody. Otherwise, both parents have equal rights and can do what they want with the children until a court orders otherwise.
    Answer Applies to: Maryland
    Replied: 6/13/2013
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    If they are married and there is no current court order for custody, it is unlikely that there is any criminal action, and the father's option is to file for divorce and custody.
    Answer Applies to: Georgia
    Replied: 6/13/2013
    Kunin &Carman | Ishi Kunin
    You can't charge her at this point, but you should immediately file for divorce and file a motion for return of the children and/or a pick-up order.
    Answer Applies to: Nevada
    Replied: 6/13/2013
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