Can he have me charged with kidnapping?

Question

If I take myself and my daughter out of our house and away from my husband for two days, and he knows where we are and how to get ahold of us, can he have me charged with kidnapping?

We're pretty much on the brink of divorce. I'm not sure if want to come back.

Answer 1

Well no he can't as long as you come back.

You don't come back, then probably yes. Because your going through a divorce, you shouldn't deprive your daughter of a father.

Answer 2

your married you both have legal custody of her so NO he can not have you charged..

Answer 3

No I don't believe so. Where I live you can only be charged with kidnapping if there was a court order or parenting order  in place otherwise either parent can leave with the kids. I did and i havent been charged with kidnapping.  Get some legal advice.

Answer 4

No... he cannot... You have no divorce or separation agreement....possession is 9 10ths of the law in your case...If later on you have an agreement then yes he can if the agreement states you cant take the child out of state...If you need any help or divorce law advice feel free to email me...

Answer 5

Not if you have custody rights. He will probably be mad though, so be careful.  

Well, I take that back. he might try charge you, but you'd win the case if you have custody rights.

Answer 6

im pretty sher he cant charge u with kidnapping sense u are thier mother and u stay in the us if u leave the contry u need proof the other parent said u could leave with child

Answer 7

No he cannot, he can try but and threaten but you can't be charged. As a married couple there is generally no custody agreement so you can take her and keep her away as long you like (or until the court orders you to bring her back for a custody hearing).

This is NOT a state by state law, it is throughout the country. What do you think protects so many women and children when they flee a domestic violence situation? Until there are custody papers you or your husband have the right to take her where ever, when ever, and for how ever long you like. Not coming back though (without letting him know why) will give him a very good case to argue though. And be cautious, you wouldn't want him to do the same to you because he also has this same right.

Answer 8

This, of course, depends on the state you live in, but, 99% of the time, unless you are a danger to yourself and your child, NO, he cannot.  However, since you are still married, he can make your life miserable... My suggestion is, talk to a lawyer, and get your life straightened out, by dumping this clown.