Is this considered kidnapping

Question

My brother and sister n law are divorced w/an 8 yr old child.In the state of La. they both have custody (7/7)They both moved to florida w/ the child about 4 months ago,My brother came 1st and about a month later my sister n law and niece moved to fl. also.Now my sister n law has decided that it would be best to move back to La.If she were to leave w/the child,is this considered kidnapping?

Answer 1

Since they both have custody, it would not be kidnapping.

Answer 2

Joint custody 50/50 placement?  need a lawyer ...... Judge rules in the end here. unless the parties make a decision together in the best interest of the child!!!  looks like a stipulation revision needs to be made.  Best of luck to that child!!

Answer 3

NO the way i see it, it would be abandonment and after a period of time he could get full custody if she abandons/leaves the child for so long

Answer 4

No its not, but if your brother is against the move he can take her back to court and stipulate a new order. There has to be concideration for both parties involved and time travel. There will have to be an arrangment for when visitation takes place, a meeting halfway arrangment, things of that nature. Take it back to court is the best way to handle this,

Answer 5

Depends on what court has jurisdiction and what the divorce decree states. If Louisiana handled the original divorce and custody then it has to be taken back to a Louisiana court for modifications unless he can get a Florida court to move control which usually doesn't happen.I think they need to look at what is best for the child and make sure the child can see both parents. Call a lawyer before anyone moves