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If my ex-spouse and I have "shared" custody and I ...


Sent to Legal Experts November 02, 2005 7:02 p.m.

If my ex-spouse and I have "shared" custody and I leave the state without telling anyone is it kidnapping? It does say in the temp. order not to take child out of state. Would it be contempt or kidnapping? I've been told everything from nothing will happen to a warrant for my arrest would be issued. I'm in OH.
Customer (name blocked for privacy)
Status: Closed   Value: $20   
Answer
November 02, 2005 8:22 p.m. (1 hour and 19 minutes later)
ACCEPTED Check Mark

It really boils down to who will complain? If your EX finds out...will they make a complaint?
My ex and I had a verbal agreement...even though I had total custody. If he wanted to take the kids out of state, all he had to do was let me know.
If you are on good terms with your EX...and you are just going out of state for a visit or whatever...what's the harm?
If you plan on leaving with the child...then you know it is highly illegal as well as detrimental to the child.
A planned failure to comply with a custody order CAN & will be cause for kidnapping/interferance with parental custody/and /or contempt charges.
Why not just speak to your EX about the trip? If you plan on bringing the child back.

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PictureDr.Diana  -- Forensics / Law Officer / Counselor -- 100% Positive Feedback on 105 Legal Accepts
Forensic Psychology ( Legal Issues) / Justice Studies / Former CA Law Officer / PreLaw + ThD
Reply to Diana
Sent November 03, 2005 7:47 a.m. (11 hours and 24 minutes later)

This would not be a vacation. Would he have to find me in order to press charges? Or would the law put out a warrant for my arrest?

As far as being detrimental to the child. I feel being influenced by an abusive parent is worse. I've given this guy so many chances to get his act together and everytime I turn around he's in trouble with the law again. I'm getting desperate and I get zero help from the court system. I've presented my case time and time again and their feeling is that unless my son is about to be killed then there's nothing they can do. Why should I sacrifice my son because of their "rules"?
Customer (name blocked for privacy)
Answer
November 03, 2005 10:19 a.m. (2 hours and 32 minutes later)

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PictureDr.Diana  -- Forensics / Law Officer / Counselor -- 100% Positive Feedback on 105 Legal Accepts
Forensic Psychology ( Legal Issues) / Justice Studies / Former CA Law Officer / PreLaw + ThD

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